Articles Tagged with Orange County marijuana criminal defense attorney

When California voters approved legalized marijuana for recreational purposes, one of the most important impacts of that was the fact that criminal prosecutions for many cannabis crimes would no longer be an issue. But that didn’t necessarily help the hundreds of thousands with the stain of a criminal offense on their record. Orange County marijuana lawyers understand Assembly Bill 1793 should help address this. However, the impact won’t necessarily be immediate, and those with criminal records due to marijuana may still want to seek the advice of attorney for purposes of expediency and fairness.Orange County marijuana lawyer

Approved by the majority in the California legislature and the governor on Sept. 30, the law (which creates creates Section 11361.9 to the California Health and Safety Code) is in direct response to the Control, Regulate and Tax Adult Use of Marijuana Act, and requires the Department of Justice by July 2019 to review state records and identify those prior convictions that may possibly be eligible for recall, dismissal of sentence, dismissal, sealing or redesignation under the new law. The state Justice Department will then be required to notify prosecutors of all cases in their jurisdiction that meet this requirement. Then prosecutors must, by July 2020, review all those cases to ascertain whether they wish to challenge the DOJ’s recommendation. If there is no challenge, the bill requires the department to modify the criminal history information in its database in accordance with the bill within 30 days (by July 31, 2020), and to update the post on its website. The state will be required to reimburse local agencies and school districts for whatever costs are incurred by the state as a result of putting this law into effect.

The state will prioritize cases of those individuals currently serving a sentence or who proactively petition for recall or dismissal of sentence, dismissal and sealing or redesignation (emphasis added). That means that if you take matters into your own hands to ask the state to make your case a priority – and complete the process sooner – you may well have your record cleared before the July 2020 deadline. That could be major for many people with existing criminal records, who may be prevented from important educational, career and housing opportunities, as well as those who may be in the midst of a child custody dispute during which a drug conviction could adversely impact the outcome. Continue reading

The “War on Drugs,” specifically marijuana, has resulted in many casualties over the years,marijuana criminal defense including numerous deaths as a result of overly aggressive pursuits. The latest death out of Pennsylvania is evidence of how far we still have to go before we fully grasp the harm caused by hostile anti-marijuana stances. According to a report from American Civil Liberties Union, a man was run over by a bulldozer recently during a pursuit, after the man was allegedly caught growing a whopping 10 plants on state gaming property. The death was reported as accidental, but regardless it is an example of how needless and reckless brute force is in enforcing marijuana laws.

The small grow site was found after a game commission employee on the bulldozer was clearing brush and spotted a vehicle. He called the police after he investigated and found the marijuana plants. What followed was the definition of overreaction. Upon their arrival, police spotted two men emerging from the underbrush. They apprehended one, but the other escaped on foot. The 10 plants apparently warranted a full search with police and the game commission joining forces. Police officers called in a helicopter to search the surrounding area, while the game commission employee continued the search on the ground. Somehow, the suspect was caught up in the thick underbrush. Cause of death was listed as traumatic injuries caused by the force of the bulldozer. Continue reading

One of the benefits of expanding marijuana legalization across the country is that it has afforded an opportunity to correct themarijuana criminal defense disparity in marijuana arrests along race and socio-economic lines. These disparities have negatively impacted black people, Hispanics, and other oppressed groups. The efforts, however, are not producing immediately successful results. A report from New Frontier Data is showing that even now black and Hispanic suspects are arrested at nine times the rate of suspects who are white, despite the fact that data shows the three subgroups sell cannabis at similar rates.

According to the data, from 1997 to 2016, marijuana arrests made up more than 40 percent of drug-related arrests, totaling 15.7 million. Arrests overall from cannabis-related offenses have declined slightly in recent years, down from their height in 2007. This is likely reflective of states expanding marijuana legalization, though the numbers are not significantly lower than the overall average since 1997. For example, arrests for possession hit a low in 2015 of 575,000, but went up again in 2016 to 588,000, neither of which is much lower than 599,000 way back in 1998. Considering 30 states now allow provisions for medical marijuana and nine, plus Washington, D.C., have recreational laws on the books, these numbers should be improving more drastically over the 20-year-old stats.  Continue reading

At Cannabis Law Group, we discuss at length the groups who support marijuana marijuana criminal defenselegalization: from health organizations and doctors to veterans, cancer patients, and NFL players. Support crosses age groups, socio-economic status, race, and gender. A recent report from High Times, however, revealed some groups who do not support marijuana legalization, and it paints an interesting picture of those who have profited most off of the criminalization of this relatively benign drug.

Several of the groups on the list are, no surprise, involved in the arrest and incarceration of marijuana users. Law enforcement officials, for example, have received a great deal of funding over the years that was earmarked for the barbaric and misguided “War on Drugs.” Despite much more dangerous and lethal street drugs, marijuana users have always been a favorite target. It’s no wonder, considering the docile effect cannabis can often have on users, as opposed to the aggressive, violent, and hyperactive responses other drugs can induce. Marijuana has allowed police officers the ability to go after low-hanging fruit, pull in big numbers, and still get paid the same. Many police stations have also benefitted greatly from asset forfeiture programs, in which they line their budgets with money made off of auctioning seized property in marijuana raids. It’s not like there would even be a lack of work to be done. Without marijuana, officers will have to focus their time and resources on more risky areas, such as meth labs and opioid rings, which will be far more challenging. Continue reading