Articles Tagged with marijuana defense attorney

Arizona marijuana attorneys are asking the state supreme court to side with their argument that the state’s medical marijuana law makes no distinction between cannabis edibles, liquids, dried flowers or leaves. The appeal follows a decision by the Arizona Court of Appeals, which upheld the marijuana possession conviction of a man found with 0.05 ounces of hashish, for which he was sentenced to 3.5 years in prison (for drug possession and possession of drug paraphernalia). Defendant had obtained the hashish (cannabis plant resin) and jar from a legal dispensary in Maricopa County.criminal defense

The state allows regulated dispensaries to distribute medical edibles and liquids to be sold for medical use. The 2010 Arizona Medical Marijuana Act allowing one to obtain up to 2.5 ounces of marijuana twice a month, something more than 174,000 people qualify. Defendant’s attorneys are arguing that the active medicinal ingredient in the plant is the resin, and that the law doesn’t expressly exclude certain parts of the plant. There is no provision that says only the flower or only the leaves are allowed. The law defines marijuana broadly to include all parts of any plant of the genus cannabis, whether growing or not, and the seeds of such plants.

In State v. Jones, both sides disagreed as to whether hashish was included within the immunities of AMMA. Citing a previous state supreme court case from the late 1970s, the appeals court noted the legislature recognizes marijuana and hashish as two distinct forms of cannabis, and that the differing forms of treatment between marijuana and hashish have to do with its potency and rendering it susceptible to “serious and extensive abuse.” The state’s medical marijuana law makes no mention of hashish one way or another. Continue reading

In a major victory for those facing prosecution under federal marijuana laws, a three-judge panel for the U.S. Court of Appeals for the Ninth Circuit ruled unanimously that the federal government cannot prosecute persons who grow and distribute medicinal marijuana so long as they are in compliance with state law. gavel21

The case, U.S. v. McIntosh, is a consolidated appeal involving 10 different cases of interlocutory appeals and petitions for writs of mandamus that arose from three district courts in two states (California and Washington). All defendants in these cases were facing federal charges for violation of the Controlled Substances Act. Each sought dismissal of their indictments or else alternatively to enjoin their cases on a Congressional appropriations rider that would bar the Department of Justice from spending taxpayer money to prevent states from implementing their medical marijuana laws. You may recall that in the last two years, Congress prohibited the federal government from spending money in a way that would block or thwart state medical marijuana laws.

It was the position of federal prosecutors that this ban didn’t undercut their right to go after those who cultivate and distribute the drug under federal law – even in states where marijuana was legal. But now, the 9th Circuit has clearly issued a response to that, which is a resounding: No.  Continue reading

A Colorado woman whose son was injured when he jumped out of a window after consuming a marijuana-laced brownie his mother had procured for his friend will serve 30 days in jail. chippedglass

That’s according to the latest from The Coloradoan, which also noted the district court judge tacked on two years of probation as well.

Defendant had pleaded guilty to the misdemeanor charge of providing marijuana to a person who was younger than 21. However, she was deemed not guilty of the felony charge of witness tampering.  Continue reading

Marijuana is known for having a calming effect on many of its users. However, the children of a woman slain by her husband in April 2014 say an edible, pot-laced chewable candy is to blame for their mother’s violent death. candy1

In a wrongful death lawsuit, a guardian for the children alleges the recreational marijuana manufacturer produced a dangerous product that triggered a violent reaction.

According to a recent update on the story in the L.A. Times, the 44-year-old victim, Kristin Kirk, dialed 911 shortly after her husband came bursting through the door, gesturing wildly as he started ranting about the end of the world. He then climbed out of a first-floor window. Then he climbed back in. Then he lay for a while on the bedroom floor, asking for someone to kill him. But then suddenly, he got a gun out of the safe.  Continue reading

A man awaiting sentencing following a federal marijuana cultivation conviction is arguing on appeal that a Congressional action should have halted his prosecution long before he was convicted. handcuffs6

The U.S. Court of Appeals for the 9th Circuit is expected to rule on the case soon, and the outcome could have a significant impact on the future of federal marijuana prosecutions of medical marijuana dispensaries and users in the eight Western states that allow them. It also would overturn or stop half a dozen federal marijuana convictions/ prosecutions in both California and Washington.

Last year, a jury in a Washington state federal court convicted Rolland Gregg, his former wife and his mother for growing about 70 marijuana plants on their property in Washington. The family has insisted in the three years since their arrest that they were doing nothing wrong because that all the marijuana they grew was for the purpose of their own private medicinal use. They insist their actions 100 percent complied with state law. The problem, in the eyes of the government, is that marijuana cultivation is not legal under federal law. So according to prosecutors, it didn’t matter that the actions of Gregg and the others met state law standards.  Continue reading