marijuana lawyers

December 21, 2019

Can Trump Ignore Medical Marijuana Protections Passed By Congress? He Says Yes.

In a recent statement on a large-scale federal funding bill that President Donald Trump signed into law, he released a statement indicating he reserves the right to essentially ignore any provision of law approved by Congress that seeks to shield medical marijuana laws from federal interference. Los Angeles marijuana lawyer

The statement notes that Division B, section 531 of the Act disallows the U.S. Department of Justice from using funds made available under the act to prevent medical marijuana cultivation and distribution by the various states and territories where it’s allowed. The Trump administration, the statement said, would treat this provision in a manner consistent with the president’s constitutional duty to execute federal laws in good faith. As it stands, marijuana is still classified as a Schedule I narcotic under the Controlled Substances Act.

Our Los Angeles marijuana lawyers don’t necessarily take this to mean the president will ignore the Congressional block on DOJ funds or that we’ll start seeing any enforcement crackdown efforts again soon as we did a few years ago under the Obama administration. In fact, it might not mean much considering presidents often will sign statements like these while flagging certain aspects they believe might be an impediment to executive branch authority.

Ambiguous though the statement was, it still warrants some degree of concern. The effect of it is that the executive branch has expressly declared that it can broadly enforce U.S. drug laws against people or marijuana businesses, even if they’re in total compliance with state marijuana laws and even though Congress has instructed the executive branch to use a hands-off approach. Continue reading

November 8, 2018

L.A. Cannabis Attorney: The Meaning of Marijuana Measures and Midterms

By Cannabis Law Group

At this point, almost all midterm election results are in (Florida, we’re looking at you…). One of the most noteworthy outcomes for our Los Angeles cannabis attorneys is that voters in three out of four states where marijuana was on the ballot chose to loosen restrictions. Voters in Utah and Missouri chose to allow sick people the right to access medical marijuana. Michigan, which already allowed medicinal marijuana, joined nine other states (though becoming the first in the Midwest) to fully legalize recreational cannabis. The only state that voted a firm “no” was North Dakota, wherein a recreational marijuana ballot measure was on the table. marijuana business attorney

Prior to this vote, 22 states in the U.S. allowed medicinal marijuana, following California’s 1996 lead to allow patients access to the drug for easing the symptoms of serious illnesses. Increasingly, the drug is being used as a safer, more effective alternative to the extremely addictive and deadly opioids traditionally prescribed for pain (far riskier than pot, despite having a lower scheduled designation under the U.S. Controlled Substances Act).

This rapidly evolving cannabis landscape makes it all the more critical for users, distributors, producers, farmers, ancillary companies, drivers and travelers to consult an experienced Los Angeles cannabis attorney when a legal question crops up. Continue reading

July 27, 2017

How the Retroactive Penalty Provisions of Proposition 64 Apply to Marijuana Convictions

By Cannabis Law Group

Most Californians are aware that recreational marijuana use was legalized in November 2016. What is less well known is that Proposition 64 (the Control, Regulate and Tax Adult Use of Marijuana Act, or “the Act”) also carried sentencing provisions, which eliminated penalties for minor marijuana offenses, and reduced penalties for more serious offenses such as selling or cultivating marijuana. More importantly, these provisions are retroactive. This has allowed many incarcerated Californians to file petitions under the Act and seek immediate release. Hundreds of inmates have achieved such release since the law took effect. cannabis conviction attorneys

The Effects of Proposition 64

The Huffington Post reports that close to one million people in California qualify for relief under Proposition 64. This can include: reducing a felony conviction to a misdemeanor; terminating a sentence of probation or incarceration, expunging criminal records, or dismissing a pending case. The terms of Proposition 64 created a new law (California Health and Safety Code §11361.8) by which to facilitate the process of applying for relief.

Retroactive application of a sentencing law is unusual in and of itself, but §11361.8 is even more striking, in that it does not place a time limit on which the conviction must have occurred. Any person currently serving a sentence may apply for relief if he or she would not have been guilty – or been guilty of a lesser offense – had the Act been in affect at the time of the offense. Moreover, California courts are instructed to broadly grant petitions for relief. In order to deny such a petition, the court must determine that an unreasonable risk of danger to public safety would be posed by granting it. This creates a de facto legal presumption that qualified applicants are entitled to have their petitions for relief under the Act granted. This presumption can be challenged (and overcome) by a prosecutor, but it is still an advantage for defendants seeking relief from their sentences for marijuana offenses. Continue reading

March 25, 2017

Study: Patients Want Cannabis Before Other Prescription Meds

By Cannabis Law Group

People suffering from conditions of chronic pain or mental illness would rather consume cannabis than take their prescribed opioid medications. That’s according to a new study conducted by researchers with the University of Victory and the University of British Colombia. pills

According to the study’s co-author, this research is the first of its kind to follow people who had access to both medical marijuana and prescription pharmaceuticals, such as opioids, benzodiazepines and anti-depressants. The study followed more than 250 people who were prescribed medication for formally diagnosed conditions ranging from chronic pain to gastrointestinal issues to mental health. In all, about 63 percent of respondents indicated they preferred to use cannabis over the prescriptions to treat chronic pain, depression and other conditions.

So why would people prefer pot? According to the study authors, it may have a lot to do with the reduction in side effects, as well as the overall feeling that marijuana is a lot safer than many prescription drugs. Continue reading