California Marijuana Dispensaries

February 28, 2012

Could Oakland Regulation Benefit Los Angeles Medical Marijuana Industry?

As Los Angeles city leaders have struggled to get a hold on the medical marijuana industry, recent news articles have laid out the botched regulation efforts made and how the city is now attempting to prohibit medical marijuana with a ban.

A city subcommittee recently approved a ban of dispensaries and now the measure will go to the full city council in a matter of weeks. The council is split on the issue, but some believe the measure may pass.

It is astounding that despite this industry being around for more than 15 years after voters agreed they wanted to be able to use medical marijuana in Los Angeles to relieve pain for their severe ailments, city leaders are still trying to get rid of it altogether. For a city that tries to tell the world that it’s progressive, authorities are going in the wrong direction.

Los Angeles medical marijuana lawyers have been standing up against these injustices, fighting on behalf of medical marijuana users, dispensaries, collectives, clubs and cooperatives. Without solid legal representation, city, county and federal leaders are attempting to run down these businesses.

If Los Angeles bans medical marijuana, it could set off a domino effect, leading to other cities and counties attempting to do the same. Despite state law clearly stating that medical marijuana is legal, federal laws, which conflict with state law, has led to additional pressure on this issue. Federal prosecutors have threatened to bring up criminal charges or impose civil penalties on businesses, landlords or users.

But the Highland Park-Mount Washington Patch suggests that regulation measures put into place in Oakland may serve as an example of how it could work for Los Angeles. Oakland’s city ordinance has never been banned, unlike the turmoil going on in Los Angeles right now. More than 50 California municipalities have created ordinances that have yet to be challenged.

So, it’s obvious some cities are doing this correctly. Medical marijuana leaders aren’t opposed to regulation. If it would end the frustrating pressure and threats, most people would be all for it.

Oakland’s city ordinance has some specific rules that could be a good compromise for Los Angeles:

Collectives can’t exceed three patient members
Four licensed dispensaries are allowed in the city
Dispensaries are limited to eight ounces and six mature and 12 immature plants per patient member
No on-site use

These are simple rules and while they come with issues. For example, a major Oakland dispensary was recently ordered to pay $2.5 million in back taxes because the company wasn’t allowed to use its sale as a standard tax deduction because marijuana is considered a federally banned substance.

But these rules have led to no legal action and far less confusion and frustration than patients and businesses in Los Angeles. Hopefully Los Angeles city leaders will take a step back, look at the situation and come to a sound conclusion before making a harsh decision of prohibition.
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February 26, 2012

Riverside Court Order Allows Medical Marijuana Collective to Remain Open

By Cannabis Law Group

A Riverside Superior Court Judge recently signed an order at the request of the city of Murrieta to ban a medical marijuana collective, but the wording was ambiguous and will allow the business to remain open, the club’s medical marijuana attorney says.

Riverside medical marijuana collectives have come under fire, as city, county and federal authorities have tried to shut them down. However, in cases where there is an effort to shut down a business, there must be legal representation.

An experienced Los Angeles medical marijuana attorney must be consulted during times like these. Residents involved in medical marijuana in California — whether users, dispensary owners or cooperative or collective workers — have rights. These rights must be protected.

In this case, the city of Murrieta, which is south of Riverside, requested an order against a medical marijuana collective that has only been open since January. The judge in this case agreed to issue an order, though the wording was left open to interpretation.

The judge wrote the club was to “immediately cease providing medical marijuana to more than two persons (at the club). The order also instructed the collective not to prevent city leaders from inspecting the premises.

The collective’s Los Angeles medical marijuana lawyers believe this wording allows the collective to stay open, simply serving one client at a time. The collective’s attorney told the North County Times that he is instructing the collective simply to schedule one client at a time so it can stay open.

While at first glance it may seem like a victory for the city, the wording allows for the collective to stay open, albeit with restrictions. While that may end up hurting business some, it still allows the collective to stay open and continue serving patients.

The order came after several court hearings. The first was in January, during which the city’s legal team attempted to shut the club down altogether. The most recent court hearing was scheduled so that the city could make a second run at attempting to change the wording of a potential order.

City leaders acknowledged that the “more than two persons” clause in the order was the city’s attempt to comply with state law while still enforcing the city’s current moratorium on marijuana dispensaries.

What this may do is allow more dispensaries and collectives to open in Murrieta. While the city will attempt to shut them down, this order sets precedent that as long as only one patient is seen at a time, they can remain open. It will be interesting to see if other cities throughout Riverside County face challenges based on this court order.

While there has been a lot of backlash lately in the medical marijuana world, not everyone is against patients and businesses. Many people, such as Los Angeles medical marijuana lawyers, recognize the medical value these businesses bring and they are working to uphold these people’s rights.
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February 24, 2012

California Medical Marijuana: Different Fed Response, Regulation Than Colorado

By Cannabis Law Group

The San Francisco Chronicle recently reported there are vast differences between how regulated the medical marijuana industry is in California compared to Colorado and how the federal response has varied.

Los Angeles medical marijuana dispensaries and collectives have come under pressure not only from federal prosecutors, who try to enforce conflicting federal and state laws, but also city leaders, who are caught in the middle.

Los Angeles medical marijuana lawyers have been able to represent users, growers, collectives and dispensaries who have had legal problems both from the federal government and local governments, each overstepping their bounds on this issue. As the conflicts are being played out in court, these medical marijuana supporters still have rights and can’t be treated poorly simply because things are in a strange spot.

According to the news article, Colorado medical marijuana leaders are confident that even in a perilous time where federal prosecutors are threatening civil lawsuits or criminal prosecution, their industry will thrive. Meanwhile, in California, cities and counties are split on how to regulate the industry and federal authorities are bringing pressure because state laws conflict with federal law.

In January, the U.S. attorney in Colorado sent letters to 23 of the 600 medical marijuana dispensaries statewide, telling them to relocate or close down if they were operating within 1,000 feet of a school.

But in California, federal authorities have threatened legal action to many medical marijuana businesses, including IRS action for not paying back taxes, forfeiture and other methods. Not only have businesses been threatened, but also landlords who offer the office space to these businesses.

In Colorado, dispensaries are forced to grow 70 percent of their marijuana on-site. Further, counties and cities can ban dispensaries, if they so choose. State auditors monitor business transactions and background checks to trash disposal is covered in a 77-page regulation manual.

The state also created a division of plainclothes law enforcement officers equipped with badges and guns to carry out on-site inspections — sometimes scheduled and other times surprise — to ensure that businesses are operating as they should. They also respond to complaints and investigate suspicious activity.

The problem with California’s setup is that only cities and counties regulate the industry beyond the state’s Department of Public Health, by issuing medical marijuana identification cards to patients and caregivers. Detractors say the lack of regulation is why illegal operations are creeping in and profiting off the law.

This is why Los Angeles medical marijuana officials are making an effort to create a ballot initiative that would create a regulatory board run by the state. Industry officials want regulation because it will help to stop detractors and city leaders, who aren’t sure how to properly deal with the industry. Hopefully, these continued efforts will help California’s medical marijuana users and businesses to keep striving even in a difficult time.
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February 22, 2012

San Jose Stops Efforts to Cut Down Medical Marijuana Dispensaries, But Will Step Up Enforcement

By Cannabis Law Group

San Jose city officials, citing a desire to cut down on the potential for a major legal battle, have decided to rescind a September ordinance to cut down on medical marijuana dispensaries. But, police say they will still be going after dispensaries that have garnered complaints or not paid taxes, ABC News is reporting.

Medical marijuana in California has been hit from every angle lately.

As officials wait on court cases to determine whether cities and counties can regulate this industry as they have been, much is up in the air.

Los Angeles medical marijuana lawyers have been following the news and trying to keep the public as informed as possible on our Marijuana Lawyer Blog. Because this is still a new business in California, the changes are coming fast.

San Jose officials passed a city ordinance in September limiting the number of collectives able to open in the city to 10 and required that medical marijuana dispensaries grow all their marijuana on-site. Opponents collected enough signatures to force the issue to a vote, but by city leaders rescinding the ordinance, police are now in power to enforce as they see fit, leaving industry officials feeling helpless.

Police are telling ABC News they will first begin enforcing laws against dispensaries that have received complaints from neighbors or that haven’t paid taxes. In San Jose, medical marijuana businesses are required to pay a 7 percent business tax put in place last year.

City leaders say there are 117 collectives that are operating within city limits. Only 54 have been paying the business tax. About 30 are paying their taxes sporadically, while another 32 have paid no taxes or haven’t filed.

While city leaders are trying to come up with some type of regulation, the general stance of medical marijuana dispensaries and collectives is that regulation is fine. It would be better to deal with taxes and a structured industry rather than have to wait to see what new law or loophole city and county leaders try to come up with to try to enforce laws.

City leaders told the news station they have struggled to come up with an ordinance that works since there are conflicting state and federal laws as well as ongoing court cases that have made regulating the industry difficult. Medical marijuana industry leaders have proposed a ballot initiative for November that would create a government board to set rules for the medical marijuana business.

This is just another effort that leaders are doing to work some type of compromise, 16 years after the industry was first put into place. Rather than continually dealing with frustrating law changes, shifts in policy and police harassment, users and sellers would be able to run their industry without constant interference. As time passes and courts work out these issues, the current struggle will look like a thing of the past. But it takes legal representation and challenges to mold the industry into become a model for the rest of the country.
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February 15, 2012

Los Angeles Medical Marijuana Testing May Be Newest Area to Come Under Fire

By Cannabis Law Group

A recent Los Angeles Times article looks at the industry of testing marijuana to determine if it is medical quality and opines that this may be the next area of the Los Angeles medical marijuana industry to take heat from the government.

Los Angeles medical marijuana lawyers understand that medical marijuana testing, while unregulated, is important to ensure this industry is viewed as legitimate by others throughout the state.

Ever since voters in 1996 overwhelmingly said they wanted medical marijuana as an available option for those with ailments and illnesses, the industry has had many detractors. Soon, government officials became involved in the process of trying to put more pressure on medical marijuana dispensaries and collectives.

According to the news article, private labs that test marijuana are a new industry in California, one that uses the high-pressure liquid chromatograph to determine what ingredients or contaminants may be in the samples. Dozens have opened in recent years to try to test what is inside this form of medicine.

The idea around the industry is that because marijuana dispensaries often post their menus online, where licensed users can shop to get the most potent form of marijuana for the money they’re spending, these dispensaries should have proof to show what’s inside their weed. Because pharmaceutical companies are required to undergo testing and prove the amount of ingredients in their pills, the marijuana industry should as well.

However, because all marijuana possession is illegal under federal law — which contradicts California state law — these labs, too, are vulnerable for prosecution, just like growers and dispensaries. The newspaper reports that a lab in Colorado attempted to get a license from the Drug Enforcement Administration and was raided by federal agents.

The same week, Los Angeles city leaders told dispensaries they had to test their marijuana by independent labs that were also certified, though it’s unclear who is supposed to provide certification. Also, there are no federal standards for what level of pesticides are allowable in marijuana, as it’s considered contraband.

Some of these lab workers have banded together to form an association in an attempt to create guidelines, standards and methods. They are hopeful, the newspaper reports, of advancing the science of their work to include figuring out how marijuana actually produces its physiological and psychological effects on users.

Many in the medical marijuana industry will welcome these new developments, as it could be another step toward legitimizing this field in the minds of those who are opposed to it. At the same time, with labs largely unregulated themselves, putting stock in the results they produce could be difficult.

These are the growing pains of a fairly new industry. Los Angeles medical marijuana lawyers are fully prepared to represent those involved in this growing field, whether businesses or users. As law enforcement officers attempt to make arrests and federal authorities try to crack down, these people require sound legal advice and representation.
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February 13, 2012

Former State Senator Says Los Angeles Medical Marijuana Should Be For-Profit

By Cannabis Law Group

A former state senator who was instrumental in writing the 2003 SB 420 that defined how Los Angeles medical marijuana would be cultivated and dispensed now says it was never meant to be a non-profit venture.

Former State Sen. John Vasconcellos recently wrote a letter stating that lawmakers never intended for the medical marijuana industry to be stuck in a place where they couldn’t make money. The debate over medical marijuana is one in which many different interest groups have become involved, and among the major points by those opposed to the movement is that the industry shouldn’t be for-profit.

As pointed out in the letter, however, the legislative intent was not that medical marijuana dispensaries and collectives be restricted in this way. Los Angeles medical marijuana attorneys don’t think it makes sense to create an industry and then not allow businesses to make a profit.

While there has been much made about this issue, it is among the more minor problems that industry officials have been dealing with. Federal pressure has led to many dispensaries shutting down and local government leaders have been hesitant to extend permits and licensing to people in the industry as a result.

An LA Weekly article recently reported on the senator’s letter, stating that he wrote the letter intended to clarify the spirit of the law and what lawmakers hoped to accomplish by writing it seven years after citizens voted to allow the legalization of marijuana. He wrote that the bill wasn’t designed to “authorize any individual or group to cultivate or distribute marijuana for profit.”

The language wasn’t intended to specifically ban people from making a profit off of medical marijuana. He called the people who have harped on this point using a “marked misinterpretation of the language” to support their views. He said lawmakers from both sides of the aisle looked at all the arguments for and against making it a for-profit industry when writing up the law.

He said the law would have clearly stated that medical marijuana workers couldn’t make a profit if that were the intention of lawmakers. The matter of collectives and cooperatives are actually governed by a separate section of the law and it doesn’t mention profit or not-for-profit language at all. The area that has the language in question actually applies to activity of individual patients, caregivers and others who provide assistance to people who use medical marijuana.

It’s surprising that nine years after the law went into effect, lawmakers have stood by as this issue continues to be a problem in the industry. Perhaps it takes retiring to speak out against problems of a political nature.

But, the LA Weekly article says the point could be moot as cities and counties rush to ban pot shops even as industry leaders attempt to put together a ballot initiative that would help regulate the 16-year-old industry. Changes are moving fast and that’s even more of a reason to have legal representation. The voters want medical marijuana in California and our Los Angeles medical marijuana attorneys will fight for it.
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February 11, 2012

Los Angeles Man With Medical Marijuana License Arrested on Flight

By Cannabis Law Group

A 43-year-old man from Los Angeles was arrested in New Jersey after he allegedly smoked marijuana on a flight from Florida to Newark, The Star-Ledger reports.

This has become a somewhat common problem for people who are licensed to use medical marijuana in Los Angeles because of various ailments. While they may be able to use this drug to help them in California, they can face legal trouble when traveling.

Our Los Angeles medical marijuana lawyers believe that everyone’s rights should be upheld in criminal proceedings that revolve around medical marijuana allegations. If people are arrested in other states and possess pills but have legal prescriptions, they don’t face scrutiny.

Medical marijuana is different and users understand that. In many cases, marijuana is less expensive and has fewer side effects than hardcore narcotic drugs. But prescription drugs are more acceptable in many communities and under the laws of other states, so there are fewer arrests when people abuse those substances.

On our Marijuana Lawyer Blog recently, we reported on the arrest of Los Angeles rapper Snoop Dogg, who was pulled over on a tour bus in Texas at the Mexico border.

In that case, he, too, has an official license to use marijuana in California. But because Texas has different laws — that don’t include using medical marijuana for patients — he was arrested. He now has pending charges in that state.

In this situation, the man was inside the bathroom on the flight when the trip from Orlando to Newark began landing in New Jersey. A flight attendant knocked on the door of the bathroom and when the man came out, the flight attendant reported smelling a strong odor of marijuana.

The man allegedly told police who met him inside the terminal gate that he is allowed to use marijuana for medical use. He then allegedly pulled out a pipe and a baggie of marijuana. Police then arrested him.

A spokesman for the port authority police told the newspaper that no smoking is allowed on any commercial flight, regardless of the reason. That is based on federal laws for flying.

The man now faces charges of possession of less than 50 grams of a controlled dangerous substance and possession of drug paraphernalia. The man was later released. The newspaper reported that efforts to reach the man were unsuccessful.

This is a problem that many Californians run into because marijuana is the drug they use to relieve pain from which they are suffering. While they could get prescriptions for more powerful and more dangerous drugs, they choose marijuana sometimes because it is cheaper and also because it is less damaging.

Despite this, sometimes people can be punished if they travel with the drug and attempt to use it in states where it isn’t allowable. This is the unfair truth about medical marijuana. Patients who are suffering from ailments must hide in order to use their pain killer while others can pop a pill without scrutiny or suspicious looks.
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February 9, 2012

California Medical Marijuana Supporters Aim For Ballot Initiative

By Cannabis Law Group

Frustrated by continued attacks on California’s medical marijuana industry, supporters will now try to get voters to approve a ballot initiative that aims to keep the federal government from continued interference.

Los Angeles medical marijuana dispensaries are important businesses in the community because providing this drug is important to patients suffering from these debilitating medical ailments.

Pharmacies do the same, yet they are under much less scrutiny and regulation than medical marijuana businesses. History has shown us that doctors and pharmacists have been known to abuse the laws and over-prescribe powerful narcotic pills. Yet it’s medical marijuana businesses that are being raided and forced to close. Los Angeles medical marijuana lawyers may be required in these situations to ensure that patients and businesses are treated right.

According to The Sacramento Bee, medical marijuana industry officials are hoping the November ballot initiative will keep federal regulators and prosecutors from continuously sticking their noses into California’s business.

Growers, dispensaries and union leaders are rallying together to push for the initiative, which would regulate the state’s medical marijuana trade, which is valued at an estimated $1.5 billion. They are hoping to raise the $2 million needed to get the measure on this year’s ballot. The voter drive could start soon.

The industry is mostly governed by local politicians. Often municipal governments have different rules that can conflict with state law. The initiative would largely allow state lawmakers to regulate the industry instead of having fragmented rules from county to county and city to city. A Department of Consumer Affairs enforcement bureau would be created and would include a majority of people from the medical marijuana community. The board would determine who gets licenses, set standards for the industry and also oversee enforcement.

Since October, the number of medical marijuana dispensaries statewide has dropped by 25 percent from 1,200 to 900. This is due to police raids, a federal crackdown by government prosecutors and reaction from court cases that said some city and county rules for regulating medical marijuana dispensaries were unconstitutional.

Local union leaders believe that the initiative, if passed, would help save many jobs in the medical marijuana industry. Medical marijuana industry officials also largely support the change.

Federal regulators have sent threatening letters, forced legitimate businesses out of their spaces and otherwise harassed people who are just trying to get by.

The initiative would tax businesses 2.5 percent to fund the new regulations. Counties and cities would be forced to allow one dispensary for every 50,000 residents and prevent banning dispensaries without voter approval. Users, advocates, policy specialists, researchers, union members and people with experience in the industry would be on the board.

The supporters of the initiative are also encouraging lawmakers to create policies and legislation that solves problems and doesn’t create new ones. Industry officials are hoping that the initiative, ultimately, will keep federal regulators from butting in. But the other hope is that illegitimate businesses might not be able to operate, thus keeping out bad apples.
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February 7, 2012

LAPD Shuts Down Medical Marijuana Dispensary, Files Charges

By Cannabis Law Group

Local police recently arrested three people and also shut down a medical marijuana dispensary in Chatsworth, which stood in an area that once held many medical marijuana shops, the Los Angeles Times reports.

Our Los Angeles medical marijuana lawyers are always skeptical of an arrest involving medical marijuana shops because law enforcement agencies often try to harass these business owners, who are operating within the law.

Medical marijuana in Los Angeles has long been a controversial topic, mainly because state laws conflict with federal laws. Because of that, patients and business owners have had to deal with the fallout.

In recent months, federal prosecutors have sent threatening letters not only to business owners, but also their landlords and politicians, aiming to shut down as many businesses as possible, even though it is legal in California and has been since 1996, when voters approved marijuana to be sold for medical purposes.

In the wake of several recent court rulings, cities and counties throughout the state have begun shutting down their permitting processes for new businesses and causing problems for long-established medical marijuana dispensaries and grow operations. Law enforcement has been skeptical of these businesses because they view them as a front for illegal production and distribution of the drug.

While patients can get permits to grow and use the drug on their own, many are physically unable to do so or don’t wish to deal with the upkeep and work. Many medical marijuana patients in California are old and using the drug as a substitute for other prescription drugs, which are often more expensive, but have the same general effects.

Because of the political nature of marijuana and its long history in the U.S., states that have legalized the drug have come under much more scrutiny than places like Florida, where prescription drug “pill mills” have allowed people to get hooked on prescription drugs through prescriptions from doctors with low standards. Pain clinics have sent out prescriptions by the pad, and some doctors have been indicted on criminal charges for exchanging drugs for sex.

Yet in California and other western states, the government seems to want to come down hard on these businesses, even though there is less information to suggest that abuses are going on. Marijuana is considered more difficult to get addicted to than many prescription drugs used to fight pain.

In this case, the newspaper reports, three people were arrested on suspicion of possessing marijuana for sale. About 50 pounds of marijuana, 156 plants and more than $6,000 in cash were seized. The Devonshire Division used to have more than 60 medical marijuana stores as late as 2008, but the Herbal Medicine Care was the last one in that area, the newspaper states.

Police investigations have led to dozens of arrests and the seizure of drugs and guns. The investigation reports that money laundering, tax evasion, drug crimes and witness intimidation have been documented by shops in the area.

Legitimate medical marijuana businesses believe that these shops give legitimate businesses a bad name. The same goes for the Florida “pill mills.” There are good doctors and bad doctors as well as good dispensaries and bad ones. Unfortunately, authorities are painting with a broad brush, putting everyone under scrutiny.
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January 26, 2012

Garden Grove Stops Orange County Medical Marijuana Dispensary Registration

By Cannabis Law Group

Another city in Orange County is sticking it to medical marijuana dispensaries, The Orange County Register reports.

It’s been like watching dominoes for our Orange County medical marijuana lawyers, who have seen city after city and county after county bow down to federal authorities and terrified city attorneys, who are trying to put an end to this legitimate industry.

Many local governments throughout California have done their best to disrupt the medical marijuana industry by shutting down medical marijuana dispensaries in Orange County and throughout the state. Some have cited federal pressure, which has been rampant throughout the year and others have pointed to court rulings.

Either way, patients who are desperate for medical marijuana in order to heal the pain of severe illnesses and small businesses that are simply trying to follow the law and run a business successfully are feeling the pinch.

Garden Grove is the latest city to fall victim to independent thinking, when city council members recently voted to suspend the registration of medical marijuana dispensaries, saying they aren’t a “marijuana-friendly city.” The city has banned medical marijuana dispensaries since 2008, but officials estimate that about 30 have opened up inside the city limits, despite the ban.

As a result, city council members voted last year to approve a registration process to better monitor medical marijuana dispensaries. The city received 60 applicants. But then the city abruptly decided to end that program, leaving those applicants up in the air.

The newspaper reports that the decision was made based on two recent legal developments — the California Supreme Court has decided to hear four medical marijuana cases after appellate courts made key rulings on the regulation of medical marijuana — as well as federal pressure from prosecutors who aim to criminally prosecute people under federal drug laws despite following California law.

According to the news article, city officials say they want to “partner” with federal agents to reach a “lawful and fair solution” to medical marijuana in the city. This sounds like language that means the city is ready to do whatever the feds tell them. That doesn’t necessarily bode well for those who are trying to provide legal medical marijuana in the city.

But Garden Grove isn’t alone in reviewing its city ordinances and local laws. A case out of Long Beach, where an appeals court ruled their lottery system for allowing or rejecting medical marijuana dispensaries was unlawful, is spurring many communities to change their rules or ban the practice altogether until there’s some clarity on the matter.

The California Supreme Court recently decided it would take up the issue of medical marijuana, looking at four separate case, including the Long Beach case, in deciding how best to regulate medical marijuana dispensaries within cities while not violating federal drug laws.

Our medical marijuana lawyers just hope that actions by these city leaders, as well as other leaders who are shutting down or not allowing new dispensaries will go by once court rulings clarify the situation in California. We believe that the will of the people is clear and that medical marijuana is here to stay in Orange County.
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