California Marijuana Dispensaries

November 29, 2011

Fight Continues: Medical Marijuana in California against Federal Government

As the federal crackdown against medical marijuana in Los Angeles and elsewhere continues, many within the billion-dollar industry await a hopeful sign. Marijuana was approved by voters in California back in 1996 under Proposition 215 and the federal government has no right to come in and push around the state-authorized industry.

California’s not the only state that has legalized the drug. The District of Columbia and 15 other states are also in legal limbo as their drug laws meet with federal contradictions. The new crackdown is going against what was said in 2009 by the Justice Department, “Those providing medicinal marijuana to deserving patients use will not be punished as long as they do so in accordance with state law,” according to The New York Times.

Our Orange County medical marijuana attorneys understand that federal prosecutors have been recently on the hunt for growers and dispensaries throughout the state. The Internal Revenue Service is stepping in too, threatening tax charges against California’s biggest dispensaries. Feds are stopping at nothing, threatening all associated parties, in an attempt to shut the industry down completely — a legal industry in the state.

Kamala D. Harris, the attorney general of California describes the state’s regulation attempts on the industry as “vague and chaotic.” That’s not positive reinforcement for the industry though. She is currently working alongside legislators to create a way for more consistent and strict control.

The recent federal crackdown on the industry could potentially leave nearly 1,000,000 patients with doctor prescriptions for the medicinal treatment without any help or treatment and suffering from their conditions.

Collectives of all sizes have the potential to contribute hundreds of millions of dollars to the state via tax revenue. These companies have also become members of better business bureaus and local chambers of commerce. Some have even come as far as purchasing “adopt-a-highway” signs. And now, of all times, the feds are trying to force the industry out.

Thomas D. Allman, the Mendocino County sheriff has handed out nearly 100 plant tags and permits to collectives across his county. Although these companies are following local law, they’re worried the feds will break in and shut them down.

What confuses most is why feds aren’t going after street dealers or criminals who distribute dangers amounts and version of the drug. Many wonder why the crackdown is targeting legitimate, law-abiding companies. Many advocates of medical marijuana accuse President Obama of going back on his promise to allow companies to operate within state law.

Feds say there’s not been a change in their guidelines, but in the proliferation of commercial companies working as profit-seeking dispensaries. Others say that it has become too easy to obtain a medical marijuana card and the industry is not long legitimate.

Regardless of why the federal government is targeting California’s medical marijuana industry, the truth remains that the practice is legal in the state and has been since 1996.

State Senator Mark Leno, a Democrat from San Francisco, says that there’s no need for what he calls the federal authorities’ “heavy-handed interventions.” California is a state that is capable of running its own industry and should be left to do so.
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November 27, 2011

West Hollywood Medical Marijuana Dispensary Robbed at Gunpoint

By Cannabis Law Group

A West Hollywood medical marijuana dispensary was recently robbed at gunpoint. The Los Angeles County Sheriff’s Department was able to locate and arrest three men in a nearby city who they believe robbed this shop, according to KTLA.

According to police reports, three men went to the Farmacy Medical Marijuana Dispensary, located on Santa Monica Boulevard, around 8:00 p.m. The men reportedly closed the front door behind as they entered the shop. One of the men used a gun to hold up six of the store’s employees while the two other men tied their hands up. After tying the employees up and forcing them to the ground, the manager was marched to the back of the store where the manager was ordered to open the safe. The robbers took the dispensary’s cash in addition to employees’ belongings and other store property.

Our Los Angeles medical marijuana attorneys understand that the Los Angeles Sheriff’s Department and other local law enforcement agencies oftentimes blame dispensaries for being robbery victims. The funny thing is that victims aren’t blamed in many other crimes. You don’t see law enforcement officers pointing the finger at convenience store clerks for store robberies, and medical marijuana robberies should be no different. These employees deserve the same protection and should have the same thorough investigations as any other company in the event of a crime. The industry is legal under California state law and these shops should be treated equally and fairly.

The three robbers allegedly stole medical marijuana, money and the employees’ cell phones. The three men left the shop and fled the scene after obtaining the property. No injuries were reported.

After a short investigation, the Los Angeles County Sheriff’s deputies determined that the three men were on their way to the Lancaster area. Sheriff’s at the station in Lancaster later found the men at a home in the city. Information regarding the location of that home has not been released.

The three men have been arrested on suspicion of kidnapping and robbery. One of the men is being held without bail as he was also arrested for violating parole. The other two are being held on $100,000 bail.

After obtaining a search warrant for that Lancaster home, officers located some of the employees’ property inside that house. The weapons used in the robbery were also reportedly discovered on location.

Medical marijuana shops are oftentimes blamed for attracting bad business and crime. This isn’t true. Recent studies have proven that the locations of pot shops do not alter the amount of crime in an area. These shops deserve to be protected and treated as any other business in the city. Medical marijuana was legalized by voters back in 1996 under Proposition 215 and shops have every right to operate in the state, meaning the same business practices and protection should be offered just as any other company would receive.
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November 23, 2011

Councilman Proposes Full Ban on Medical Marijuana in Los Angeles

By Cannabis Law Group

A recently introduced plan could result in a ban on all medical marijuana dispensaries in Los Angeles. The ban was introduced by Councilman Jose Huizar. He says that the state appellate court ruling that was made last month involving the city of Long Beach said the government could not enforce its regulations and would therefore make the regulations in L.A. unenforceable, according to The Sacramento Bee.

Our Los Angeles medical marijuana attorneys understand that local government is looking to ban all dispensaries in the city. The city previously debated allowing a specific number of dispensaries to run under specific regulations, but has since decided that these regulated shops could in fact violate federal law. One conclusion drawn by officials from this is to ban shops altogether. The recent proposed ban has been sent to two committees and could potentially reach the full council in a less than two months.

Marijuana advocates and shop owners have promised to fight any such ban, saying that the closure of shops would force patients across the state to purchase marijuana from criminals.

Los Angeles and cities across the state have been trying to handle the proliferation of medical marijuana dispensaries since the 1996 state ballot initiated that legalized medical marijuana.

At one time, the city had roughly 800 medical marijuana clinics, but is currently seeing about 300 open for business.

Opponents of these shops claim that they attract crime and bring down the value of surrounding properties. Some cities try to regulate the industry while others completely ban it. The City of Los Angeles previously approved the industry by creating a lottery that would limit the city to 100 dispensaries. In all cases, medical marijuana attorneys do not believe local governments have the right to impose arbitrary regulations upon the industry in violation of state law.

The lottery regulations have yet to take effect because more than 50 lawsuits have been filed to challenge the regulations.

California’s Second District Court of Appeal shot down the efforts of Long Beach back in October after it attempted to register marijuana shops. In this particular case, Long Beach’s ordinance was pre-empted by federal law that classifies marijuana, medical or not, as an illegal drug.

This appellate rules makes Los Angeles’ regulating rules unenforceable, in the opinion of some.

According to Don Duncan, the director of Americans for Safe Access, fair and strict regulations can help to reduce the number of complaints and alleged spikes in crime. He says that an all-out ban would only mean that government is turning a cold shoulder to legal patients who rely on the medicine to survive.

Still, California state law still allows caregivers and patients to grow their own medical marijuana.

State regulations must remember that this is an important industry that provides much-needed treatment to deserving patients and serves as a multimillion-dollar industry which could soon be put out of business in the city if advocates don’t fight back.
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November 19, 2011

Presidential Candidate Offers Support for Medical Marijuana in Los Angeles and Elsewhere

By Cannabis Law Group

According to GOP presidential hopeful Herman Cain, the medical marijuana industry should be regulated by each individual state, reports the SF Gate. Medical marijuana in Los Angeles abides by its own governing laws, which differ from many other city and county regulations statewide. The difference in these local laws and the conflicting federal laws is putting many dispensaries in legal limbo.

“If states want to legalize medical marijuana, I think that’s a state’s right,” said Cain.

Our medical marijuana attorneys in Orange County understand how beneficial government support is for the pot industry. Right now, Texas Rep. Ron Paul, former New Mexico Gov. Gary Johnson and Cain are among some of the most popular political supporters of the industry. Right now, 16 states and Washington, D.C., have legalized medical marijuana. According to a recent Pew Research study, more than 60 percent of Republicans support medical marijuana legalization. This is up from less than 40 percent in 2006. A Washington Post/ABC News survey concluded that more than 80 percent of residents support medical marijuana. With all this support, the federal government is still pushing on with its nationwide crackdown.

While all of this support may raise the spirits of advocates across the country, many have reverted back to the fact that former President George Bush and Obama once claimed the same perspectives, yet converted their beliefs against the industry and tried to send it packing.

Many political experts believe that Cain may gain the support of medical marijuana advocates around the country after the Justice Department’s crackdown on marijuana dispensaries.

Cain has made some questionable claims including a proposal to electrify the border fence and taxing the working/middle class at a much greater rate, but he appears to be sympathetic with the marijuana nation.

Cain’s opinion on the marijuana industry was voiced most recently at his campaign stop in Iowa, according to HuffPost.

Republican presidential candidate Gary Johnson already came forward and expressed his support for the legalization of marijuana. He says it’s only a matter of time before it’s legal everywhere.

“The fact that mainstream presidential candidates…are saying that their administrations would respect states’ rights to implement medical marijuana laws shows just how far this debate has come,” said Tom Angell of the Law Enforcement Against Prohibition.

While these candidates may only be seizing the opportunity to feed off of advocates’ frustration with Obama’s empty promises, it’s important for voters to see past the political jargon and to choose a presidential candidate who can maintain a hands-off approach toward marijuana shops that abide by state law.

As shops and advocates continue to sue the federal government, claiming the Department of Justice overstepped its constitutional authority, shop owners, patients and doctors are urged to seek legal representation to ensure that your rights are preserved in this battle.
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November 17, 2011

Local Governments Lose Funding in Fights against Medical Marijuana in Garden Grove and Elsewhere

By Cannabis Law Group

Medical marijuana dispensaries in Garden Grove were banned roughly three years ago, but the ban didn’t go as planned. With a number of lawsuits that began stacking up, officials worried that the city would not have the necessary funds available to pay any costs associated with the laws, including attorneys’ fees. One marijuana case paid out roughly $200,000 to the attorneys. Since the flood of these lawsuits, the city stopped pushing its ban. Beginning this past summer, the city required medical marijuana dispensaries to register with the city. Now there are roughly 60 shops in the city. City Manager Matt Fertal says that he thinks the city has more shops per capita than any other city in the state.

“Everybody is just so frustrated with this,” Fertal said.

Our Los Angeles medical marijuana attorneys understand the problems shop owners face when dealing with the government regulations on the medical marijuana industry. State law doesn’t specify how cities and counties should regulate the industry and federal government says it’s still illegal, not matter what. Fertal recognizes that many dispensaries won’t hesitate to sue cities for trying to regulate them. Garden Grove continues to search for a comprehensive regulating system to please everyone.

As the industry continues to grow, smaller cities are finding regulation to be too costly. Many smaller cities aren’t fortunate enough to have in-house legal departments and have to pay attorneys by the hour.

While there are no distinct numbers illustrating how many local governments have been involved in costly litigation over marijuana, many estimate that there have been at least 40. Some believe this number is much higher.

Many cities are undergoing serious budget crunches and simply don’t have the resources to battle these wealthy dispensaries. Medical marijuana activists have joined the fight, too, saying these needless regulations are harming deserving patients who rely on the treatment.

Officials who suppress the industry are going to become victims of litigation, it’s inevitable. There are activists in nearly every community throughout the state who are ready to fight back. These activists say they have the state on their side. Recent polls illustrate that a majority of Californians support medical marijuana.

Medical marijuana was approved for medicinal purposes in California back in 1996. This was passed in Proposition 215. Later in 2009, California’s legislature passed the Medical Marijuana Program Act (Senate Bill 420). The legality of the industry remains in the gray area though with so many different regulations across the state. In the beginning of President Barack Obama’s term, he promised to halt the crackdown on medical marijuana that followed state laws. That promise was short-lived.

“People should be entitled to know what the law is, and the law is not clear enough for people to know what it is,” said Joe Elford, of Americans for Safe Access.
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November 15, 2011

Medical Marijuana Dispensary Ban Upheld in Riverside; the Fight Continues

By Cannabis Law Group

A recent move by the state appellate court upheld the citywide ban on medical marijuana dispensaries in Riverside, according to The Press-Enterprise. The court believed that there was nothing listed in Legislature’s Medical Marijuana Program or in California’s Compassionate Use Act, or Proposition 215, which was passed back in 1996, specifically stated that government wasn’t able to ban these facilities.

The fight continues. Those in power don’t like it when voters take the law into their own hands. Medical marijuana rights were conferred by a vote of the people. Our marijuana dispensary advocates do not believe bureaucrats have any right to infringe upon those rights. But that doesn’t mean it’s not going to be a fight.

“The CUA and the MMP do not provide individuals with inalienable rights to establish, operate or use (medical marijuana dispensaries).” said Associate Justice Carol Codrington. He adds that state statutes don’t stop local governments from setting regulation of medical marijuana dispensaries through their own zoning ordinances.

Our Orange County medical marijuana lawyers understand that there are other dispensaries in the area, 15 to be exact, which will be receiving notices from the city asking them to voluntarily shut their doors. If these dispensaries don’t close up shop, city officials say that it will issue court orders to have them closed down.

A City Attorney for Riverside, Greg Priamos, says that the City Council and the city both have the right to determine what appropriate uses for land may be. Thus, he believes that the city has the right to shut down any business it desires.

This opinion has already been published; the Fourth District covers the appellate jurisdiction of San Bernardino, Inyo and Riverside Counties.

The case had already been heard in front of a three judges earlier this month.

These three judges were the deciding factor in this continuance of this complete ban and of the San Bernardino County’s total ban.

G3 Holistic Inc., the Wellness Center Inc. for Riverside and Inland Empire Patient’s Health were the defendants in the case. In Upland, these companies and other medical marijuana advocates can create a petition and submit it to the state Supreme Court to get it to review their decisions.

Lanny Swerdlow, who is the founder of the Riverside medical marijuana dispensary in question in the case, says he’s planning on appealing this decision. He says they he will be keeping the collective open until the courts require him to shut down. He adds that he is extremely disappointed that the city and the court do not recolonize the needs of his patients and their rights to form collectives.

Many believe that these recent decisions regarding local dispensaries are partially a fault of the federal government. In recent news, the federal government has announced that it will be conducting a nationwide crackdown on the medical marijuana industry. Many parties within the industry are fighting back and are filing suits against the crackdown in an attempt to protect both their company’s rights and the rights of patients.
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November 14, 2011

El Camino Wellness Center Files Lawsuit against Feds, Fighting for Medical Marijuana in California

By Cannabis Law Group

A number of advocates for medical marijuana in Los Angeles and elsewhere are fighting back against the federal government’s crackdown on the industry.

According to ABC10, there are a number of these advocates, shops, dispensaries and patients who have filed numerous lawsuits in an attempt to block the fed’s crackdown on pot growers and dispensaries in California.

There have been lawsuits reportedly filed in Los Angeles, San Francisco, Sacramento and San Diego. These lawsuits are the result of the October 7th announcement from four U.S. Attorneys that stated that enforcement actions were going to be exercised by the federal government in California against these operations. And they weren’t lying. A number of companies have been ransacked, landlords are being threatened and patients are losing out on much-needed drugs.

Our Orange County medical marijuana attorneys understand that this industry is a thriving part of the state’s economy. Medical marijuana is in fact legal in the state and the federal government is choosing to come in and override our state laws. Companies, patients, growers and dispensaries are urged to recruit legal representation during this battle to help ensure that rights are preserved. The federal government is attacking everyone who is involved in the industry and they’re coming on strong to put an end to it. Many individuals have event been threatening with criminal charges.

The El Camino Wellness Center filed a lawsuit in the United States District Court for the Eastern District of California in Sacramento. The landlord of the property that the center operates from received a threatening letter last month from Ben Wagner, a U.S. Attorney. Landlords around the state have been threatened for allowing these companies to operate on these premises. They’ve been instructed to evict these parties or they could potentially face criminal prosecution among other consequences.

The building’s owner, Kim Creedon, received the letter dated October 6th that warned her that her property could be seized if she were to allow the company to engage in further marijuana sales.

According to that U.S. Attorney, the wellness center was distributing and/or cultivating medical marijuana and that its operations were violating federal law. Marijuana, medicinal or not, is still considered illegal by the federal government.

The wellness center is fighting back and saying that the recent crackdown from the feds is violating one of its earlier agreements that stated that they would not use its own resources to stop, to prosecute or to crackdown on medical marijuana patients and others who are in compliance with state law.

The lawsuit also says that the fed’s crackdown also violated the Constitution’s commerce clause as well as the 9th, 10th and 14th amendments.

The El Camino Wellness Center is also seeking a temporary restraining order.

Defendants in the case include Wagner, DEA Administrator Michelle Leonhart and U.S. Attorney General Eric Holder.
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November 12, 2011

Rally to Support Medical Marijuana in Los Angeles and Elsewhere Hits U.S. Courthouse in Sacramento

By Cannabis Law Group

Advocates recently gathered in front of the U.S. courthouse in Sacramento in protest of the federal crackdown on the medical marijuana industry in Los Angeles and elsewhere. These medical marijuana advocates believe that this crackdown is a direct assault on “responsible corporate citizens” who contribute their earnings to state tax coffers, according to The Sacramento Bee.

State Board of Equalization member Betty Yee also joined in the efforts. The state’s tax agency member also blasted an outrageous tax from the Internal Revenue Service (IRS) on Oakland’s Harborside Health Center, the state’s largest medical marijuana dispensary. The IRS hit the company with a tax of more than $2 million. Yee also condemned the IRS for using federal anti-drug trafficking statues to deny Harborside Health Center and other dispensaries business deductions.

Our San Bernardino medical marijuana lawyers understand that dispensaries in the area operate just like any other business. They have rules, regulations, policies and other issues. But the law requires that they operate as a non-profit. These companies are required to share the costs within closed groups of registered medical marijuana patients. If these companies are shut down and sent packing, the state will lose out on millions of much-needed tax dollars. The medical marijuana industry is a thriving industry that has the ability to contribute back to our economy when properly nursed. Officials are urged to embrace these companies and work alongside them to better the state, to better deserving patients and to provided much needed jobs to California residents.

“Dispensaries are following regulations paying their taxes,” said Yee.

Yee’s State Board of Equalization is expected to receive around $100 million is sales tax from medical marijuana companies.

The four U.S. attorneys in California aren’t on board though. They say that the state’s dispensaries are making one heck of a profit, which is violation of the country’s medical marijuana laws. These federal officials have pushed to close the shops, sending out threatening letters to property owners where these shops rent. These letters have threatened property seizure and/or criminal prosecution if the companies are not asked to leave.

“The crackdown is counter-productive. It’s irrational and it’s going to drive this business underground,” said Yee.

Yee’s Board serves more than 20 counties from Del Norte to Santa Barbara. She says that the IRS needs to focus more attention on “the real tax scofflaws” and leave these tax paying companies alone.

According to Benjamin Wagner, a U.S. Attorney in Sacramento, federal authorities are targeting large commercial medical marijuana operations and not the patients individually. He says that the feds have no intentions of prosecuting those who are seriously ill.

Approximately 200 people showed up the protest at the U.S. courthouse in Sacramento. These protesters say that this federal crackdown isn’t only taking vital medicine to deserving patients, but it’s taking thousands of jobs from California and harming the local economy.
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November 8, 2011

Medical Marijuana Dispensary in Santa Ana Closed by Local Officials

By Cannabis Law Group

Another medical marijuana dispensary in Santa Ana has been ordered to shut down after sheriff deputies barged in last month with a search warrant, according to The Orange County Register.

Santa Ana Superior Care has been closed because, as sheriff’s investigator Howard J. McCulloch says, the dispensary sold marijuana to undercover officers twice. They were sold the medicine without telling the “customers” to perform any specific duties or to participate in cooperatively or collectively cultivating marijuana. Deputies say that the problem with this is that medical marijuana dispensaries are prohibited from selling to customers who have a recommendation from a doctor, but have no other connection to that particular distributor. When this happens, deputies refer to it as an illegal sale of marijuana, which has not been permitted under the laws of California.

Our Los Angeles medical marijuana lawyers understand that the sheriff’s office is looking to prosecute in this case. According to sheriff’s Captain Adam Powell, officers are still investigating the incident. They’ll be forwarding their discoveries to the District Attorney’s Office. If you are facing marijuana charges, you’re urged to contact a veteran marijuana attorney to help you to fight for your rights in the state of California.

Santa Ana residents were filing complaints about the number of medical marijuana shops popping up along Seventeenth Street. These dispensaries have been prohibited from operating within the city under a land-use ordinance. Despite the ordinance, there are a couple dozen shops that are conducting operations in the city. The city’s code enforcement team is in charge of handling these violations. The city says that those who repeatedly violate this ordinance could be subjected either civil or even criminal litigation.

“We’ve tried to be more efficient in our enforcement by first issuing administrative citations…rather than hauling every dispensary into court,” said the executive director of the city’s Planning & Building Agency, Jay Trevino.

Trevino says that their enforcement efforts typically result in a quicker compliance and that dispensaries have even closed up show the same day as the warning was issued.

He also cites the property owners as a cause for the recent increase in these shops. He says that many times they’re unaware of what type of companies are renting out space. Once a citation is issued however, owners usually ask tenants to vacate the premise. These citations start out with a warning and can turn into a $100 fine, then to $200 and could face a $500 fine per day if these companies don’t comply.

The problem with shutting them down, says Trevino, is that they just open up in a different spot under a different name.

An investigation started as officials were looking into the operation of Orange County dispensaries. Officials found that operations crossed jurisdictions so local authorities took charge. Police officers in Santa Ana don’t usually conduct investigations on dispensaries, but in this case both officers and code enforcement took over.

During the shutdown of the Santa Ana dispensary, officials took over marijuana supply, records and nearly $17,000.
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November 4, 2011

Medical Marijuana Dispensary in Northern Hollywood Loses 800 Plants

By Cannabis Law Group

A recent fire took destroyed a growers full supply of medical marijuana in Northern Hollywood. Officers are still investigating the incident, according to the Hollywood LAist. As of the last reports, officers were also still looking for the owner of that operation.

The fire happened shortly after 12:30 a.m. The business was located on Bellaire Avenue. Luckily, the Los Angeles Fire Department quickly responded and was able to calm the fire in about 20 minutes. There were no injuries were reported. Officers are concerned with the business’ operations because it looked “shady.” Officers report that there were no signs on the outside of the building and that the lobby was questionable. As firefighters extinguished the flames, they discovered about 800 marijuana plants.

Our Orange County medical marijuana attorneys understand that dispensaries and collectives have the same rights as all other businesses in the state. Unfortunately, these companies are bullied by officials and treated unfairly. If you feel your rights have been violated, you’re urged to call an experienced attorney to help you regain your dignity, your business and the rights that have been granted to you by the state of California.

Early reports from the fiery incident indicate that the fire started from the grow setup. Officials believe that the light fixtures may have been improperly fastened and that a light may have fallen on a plant, causing a lot of smoke and a fire to ignite. Reports also indicate that the investigation is ongoing.

“We’re just beginning the investigation,” said Sgt. Aaron Ponce of the Los Angeles Police. “We don’t know who owns the building.”

Dispensaries and other medical marijuana operations have a right in the city of Los Angeles and else throughout California to possess and cultivate specific amounts of medical marijuana. According to Senate Bill 420 medical marijuana dispensaries in the state of California have been provided with a blanket legal protection, saying that qualified patients, people who have a proper medical marijuana card and a person’s designated caregiver…in the state of California in order collectively or cooperatively to cultivate medical marijuana, shall not be subjected to state criminal sanctions.”

Under this bill, patients are allowed to carry a larger amount of medical marijuana than others as long as it has been recommended by a physician. Under this bill, local authorities are also able to create, enact and enforce their own guidelines and ordinances to regulate the local medical marijuana industry. Unfortunately, these regulations are always changing and are oftentimes confusing. These regulations vary from city to city.

Collectives, dispensaries, etc. have to be licensed through either county or local ordinances. Still, these companies are facing scrutiny from all angles. Local officers, federal officers and other authoritative parties continue to bully these businesses. Companies who work within the medical marijuana industry have the same rights as ever other company in the state and should be treated the same.

If you’re being treated unfairly, you’re urged to contact an attorney to help you to fight for your rights as a legal, law-abiding California business.
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