California Marijuana Dispensaries

January 5, 2011

Court upholds 20-year federal prison sentence for Modesto marijuana dispensary owners

A federal court has denied a new trial for two Modesto men convicted of drug charges for operating a medical marijuana dispensary, the Modesto Bee reported.

Our Los Angeles medical marijuana defense lawyers represent dispensaries and employees in a wide-variety of legal areas, including criminal defense and defense of businesses against dispensary ordinances.

While the Obama Administration has issued a directive to federal prosecutors to turn their attention toward more pressing issues in states where medical marijuana has been legalized, marijuana is still illegal at the federal level. In other cases, law enforcement officials, including the Los Angeles County Sheriff, have shown a lack of respect for the state law that protects collectives, dispensaries, growers and patients from prosecution.

Seeking a qualified and experienced Los Angeles criminal defense lawyer is vital if you are facing federal marijuana charges in Los Angeles.

The two men were convicted in May 2008 of manufacturing marijuana and distributing the drug, as well as operating a continuing criminal enterprise. They were each sentenced to 20 years in prison.

Testimony at trial established that the two men founded and ran California Healthcare Collective, a Modesto dispensary, from 2004 to 2006. The dispensary had 14 employees and $9.2 million in sales during those two years.
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January 3, 2011

California efforts among Top 10 success stories for Marijuana in 2010

By Cannabis Law Group

With each passing year, more states embrace marijuana as a legitimate medical treatment. Acceptance grows. Tolerance grows. Case law grows. And the ability of legitimate marijuana businesses to defend themselves against the overzealous encroachments of politicians and law enforcement grows stronger.

Our Los Angeles medical marijuana defense lawyers read with interest the Top 10 Marijuana Victories of 2010, as compiled by the Marijuana Policy Project and published by the Huffington Post. (The sarcasm is mostly ours).

While statewide ballot initiatives failed in Oregon and South Dakota — and California’s legalization effort went down in defeat in Proposition 19 — it was largely a year of victories.

-New Jersey legalized medical marijuana — the 14th state to do so. The incoming Republican governor, however, has thus far thwarted the will of those who elected him and medical marijuana has yet to become available to patients.

-Washington D.C. legalizes medical marijuana. The measure initially passed with 69 percent of the vote in November 1998 — more than a decade ago. Congress, having apparently little else to do, blocked the law from taking effect for 11 years. After lifting the ban, five dispensaries should be open this year without shouting distance of Capitol Hill.

-Arizona legalizes medical marijuana. As long as you are not an illegal immigrant, of course. About 125 dispensaries should open in the state this year.

-Despite failure, California’s Proposition 19 demonstrated record support for marijuana — at more than 46 percent. The NAACP and numerous law enforcement officials also supported the measure.

-Marijuana friendly governors were elected in Hawaii, Connecticut and Vermont.

-Three states expanded medical marijuana laws — Colorado, Maine and New Mexico.

-Local initiatives passed in four states.

-Veteran Affairs recognized medical marijuana patient fights. For the first time, veterans are permitted to use medical marijuana under state law.

-Court decisions in California ruled in favor of dispensaries. Including a decision in Anaheim and another in Los Angeles, which prevented L.A. officials from enforcing a dispensary ban that went into effect this summer.

-California improves decriminalization law. Possession of up to an ounce of marijuana no longer requires a court appearance and is punishable by a $100 fine.
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December 25, 2010

Oakland delays marijuana grow operation – listens to legal advice, unlike Los Angeles counterparts

By Cannabis Law Group

Oakland has temporarily halted a plan to permit and tax four large marijuana growing operations because of ongoing legal concerns, the Los Angeles Times reported.

As our Los Angeles medical marijuana defense attorneys reported on our Marijuana Lawyer Blog, Oakland’s city council overwhelmingly approved the plan this summer, even as Los Angeles city council members were spending millions on their failing attempt to both drive dispensaries out of business and tax the businesses they have identified as illegal.

At least Oakland is listening to its attorneys, which is more than you can say for Los Angeles. Oakland voted 7-1 to send the measure back to its legal staff this week for reworking. The move comes in response from a letter from the Alameda County district attorney that said the move could violate the law and city officials could be held legally liable.

It probably doesn’t. And city council almost assuredly won’t be held personally liable. If that was the case, Los Angeles politicians could spend the rest of their lives in court. But the issue does nothing if not bring politicians and elected officials out of the woodwork. The Alameda D.A. has apparently eradicated crime and solve other problems in his jurisdiction.

Also at issue is whether such large-scale operations could run afoul of federal law, which still makes growing, selling or possession marijuana illegal. The Obama Administration has directed federal authorities to spend their time on more important matters in states where medical marijuana has become legalized, but a large-scale grow operation backed by a city could present some unique legal issues.

And the failure of Proposition 19 — the state’s marijuana legalization effort — further muddied the waters.

Under Oakland’s plan, operators would pay an annual fee of $211,000 to help fund a city enforcement staff. Oakland has $28 million a year in marijuana sales. One applicant proposed a 10,000-square-foot facility and two football fields of grow space. The facility would have been capable of producing 58 pounds of marijuana per day.
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December 22, 2010

Riverside County scraps plans for new medical marijuana ordinance

By Cannabis Law Group

The Desert Sun reports that Riverside County supervisors voted unanimously to scrap plans for a new ordinance regulating medical marijuana.

Our Riverside medical marijuana defense lawyers believe more of these ordinances will be scraped in the wake of court rulings rejecting all or part of ordinances in Anaheim and the City of Los Angeles. It will be the medical marijuana dispensaries that are willing to stand up for their rights and the rights of patients that will survive.

As we reported recently on our Marijuana Lawyer Blog, the City of Riverside has been particularly aggressive in attempting to close marijuana dispensaries, even suing banks, mortgage holders and landlords who are dealing with the dispensaries in professional business relationships. Like Los Angeles County, which is also engaged in enacting a moratorium to ban the dispensaries in the unincorporated areas of the county in response to the ban by the City of Los Angeles, so too was Riverside County looking to enact a new ban.

The Desert Sun reports Riverside supervisor voted to revert back to a 2006 ban and scrap plans for a new ban. The newspaper reports there are 47 pot storefronts in unincorporated areas of the county, including three in Thousand Palms.

The ban does not affect Palm Springs, the only city in Riverside County to permit dispensaries.
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December 20, 2010

Riverside’s fight against medical marijuana dispensaries includes suing banks, property owners, mortgage holders

By Cannabis Law Group

Efforts by the City of Riverside have led to the closure of some marijuana dispensaries while other businesses are fighting to remain open and serve the patients who rely upon them, the Press-Enterprise reported.

Our Riverside marijuana dispensary defense attorneys are representing more than a dozen dispensaries and collectives in Los Angeles and the surrounding area. As we reported recently on our Marijuana Lawyer Blog, several recent court victories in Los Angeles and Anaheim continue to show that victory over these local ordinances is possible for those businesses and individuals who are willing to fight for their rights.

A Riverside County Superior Court judge ruled last month that the city can use zoning to ban pot dispensaries. However, he delayed enacting an injunction so that operators could appeal the ruling.

The city’s attorney has filed seven injunctions seeking to close dispensaries. Two other injunctions are in the works. The city is also publicizing the legal actions in an effort to force dispensaries to close without a fight. The CANNABIS LAW GROUP believes there is strength and numbers and offers confidential consultations to marijuana businesses and patients who wish to discuss their rights.

So far, Riverside’s actions are believed to have forced closure of 7 of the city’s 12 dispensaries. Supporters continue to argue that, while cities may be able to regulate dispensaries via zoning, state law prohibits the businesses from being banned entirely.

One dispensary, Riverside Caregivers, said it has changed its name in an effort to avoid harassment from the city and is fighting to stay open and to help dozens of marijuana patients, many of whom are in their 60s.

The city attorney’s office claims residents typically tip it off to the location of dispensaries. But some are questioning the city’s tactics after court filings show named defendants include banks and property owners.

Los Angeles and Orange counties have recently enacted bans in unincorporated areas and Riverside is considering similar legislation.
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December 17, 2010

L.A. sheriff busts La Puente medical marijuana collective accused of turning a profit

By Cannabis Law Group

Our Los Angeles marijuana dispensary defense attorneys continue to note the aggressive stance of the L.A. County Sheriff’s Office toward medical marijuana businesses.

The Pasadena Star News reports reports that deputies shut down La Puente Collective and seized business inventory last week. The owner of the medical marijuana dispensary on Hacienda Boulevard was also arrested at his West Hollywood home. Authorities accuse it of violating the law by operating at a profit.

Our Medical Marijuana Lawyers Blog previously reported that the sheriff blamed the dispensaries for being crime victims during a recent rash of robberies that included the murders of several employees. The sheriffs’ office refused to provide any details about how it discovered or why it believed the collective was operating at a profit.

Proposition 215 legalized medical marijuana in 1996. A 2004 amendment permitted the formation of nonprofit collectives. The Law Puente Collective began operating last year. City council banned the shops in January and gave them until February to cease operations. Many have filed for extensions.

The newspaper reported that deputies seized about two pounds of marijuana, including edibles and concentrates. Customers who arrived at the facility during the raid were unable to purchase medical marijuana and were turned away.

The owner of the collective had an application rejected earlier this year by the City of Twentynine Palms.
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December 9, 2010

Ruling against Anaheim medical marijuana dispensary ban withstands court challenges

By Cannabis Law Group

Medical marijuana patients scored a significant legal victory this week when a court ruling withstood appellate and supreme court challenges. The case found that federal law does not preempt state law regarding the rights of medical marijuana collectives.

Our Anaheim medical marijuana defense lawyers hail the ruling as one more victory on the road to forcing local governments, and the amateur politicians who run them, to stop trying to enact bans and ordinances that violate the rights of collectives and patients under state law.

As we have reported on our Marijuana Lawyer Blog, many local governments, including Rancho Mirage, had been waiting on the court ruling before deciding how aggressive they could be in violating the rights of marijuana collectives, dispensaries, patients and growers.

This is at least the fourth court ruling affirming that federal law does not preempt California’s medical marijuana laws. Local governments had tried to circumvent state law by arguing marijuana remains illegal under federal law.

“We agree with plaintiffs the trial court erred as a matter of law in concluding federal regulations of marijuana in the Controlled Substances Act preempted California’s decision in the (Compassionate Use Act) and the (Medical Marijuana Program Act),” the court wrote.

The case was brought by a dispensary in the wake of an Anaheim City ordinance that banned all medical marijuana dispensaries within the city. The Los Angeles Times reports the case will likely now head back to trial.

The appellate court refused to rule on the issue and the supreme court decided not to review the trial court’s decision.
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December 2, 2010

Outcome of Los Angeles medical marijuana ordinance of interest statewide as Lassen County enacts ban

By Cannabis Law Group

Lassen County became the latest California county to ban medical marijuana dispensaries when council voted 4-1, according to the Lassen County Times.

Council did not vote on a proposal that would have attempted to regulate dispensaries in much the way Los Angeles’ controversial ordinance does. Our Los Angeles medical marijuana dispensary attorneys are now representing more than a dozen collectives and dispensaries against local ordinances. We believe the ones that survive will be the ones willing to fight for their rights under state law. As far away as Lassen County, local politicians are watching the outcome. And from one end of the state to the other, a willingness to fight will be the best defense.

Lassen County’s basic response to patients who will not be able to obtain medical marijuana legal under state law: Grow your own. The only county supervisor to vote no said he did so because neither county staff, nor its elected officials, even bothered to meet with marijuana businesses or patients before unilaterally deciding what’s best for the local population.

We have a word for that: Scary.

“It’s one thing to vote no intelligently, and it’s one thing to vote no because I don’t want to listen to what the facts are,” Supervisor Jim Chapman was quoted as saying in the Times.
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November 29, 2010

Rancho Mirage delays decision on medical marijuana dispensary ban

By Cannabis Law Group

Our Rancho Mirage medical marijuana defense lawyers continue to follow the debate over a dispensary ordinance in that city that has led to council delaying the issue three times.

The Desert Sun reports the latest delay comes in the wake of Anaheim’s decision to appeal a court ruling that city officials believe could force them to permit at least some medical marijuana dispensaries to operate.

A moratorium on medical marijuana dispensaries is in place but set to expire on December 15. Council plans a special session on Dec. 14 to revisit the issue. The city attorney has indicated he will recommend a year-long moratorium.

Our Southern California marijuana dispensary attorneys do not believe the moratoriums are any more lawful than the bans. What is the difference between repeated moratoriums and a ban, aside from the obvious reluctance to make a decision they have every reason to believe will not be legally valid?

As one medical marijuana patient told the newspaper: “The reality is the city attorney said in the last meeting that they’re not for medical marijuana in Rancho Mirage; the only reason they’re looking at it is they don’t get sued.”

What these politicians fail to address is the fact that voters approved medical marijuana nearly 15 years ago. This issue has been decided in their favor and, we believe, will be decided in the favor of patients and legally operating marijuana businesses yet again.

In the meantime, city politicians will spend millions of dollars defending indefensible legal positions instead of addressing the real issues facing their communities.
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November 25, 2010

Politicians move to ban medical marijuana dispensaries in Los Angeles, Orange counties

By Cannabis Law Group

The unincorporated areas of Los Angeles and Orange counties have both moved to ban medical marijuana dispensaries from operating. the L.A. Times reported.

Our Orange County medical marijuana defense lawyers continue to monitor the status of local bans throughout Southern California and are representing more than a dozen dispensaries against the overreaching arm of local government.

The latest bans affect 1.5 million people in Los Angeles County and 120,000 in Orange County. Bot counties voted 4-1 to approve the ban. Orange County Supervisor Shawn Nelson voted against the ban, saying it would exacerbate the black-market drug problem.

Not only do the ordinances prevent medical marijuana patients from seeking treatment, they prevent businesses from legally operating under state law. Dispensaries could face a fine of up to $1,000 a day.

Meanwhile, county officials could not even provide a count of the number of operating dispensaries.

Previously, Orange County had never regulated medical marijuana. Los Angeles County had previously allowed the dispensaries with strict regulations regarding location. At least officially. However, it had not approved a single dispensary.

The bans will go up for final approval this fall and are expected to go into effect at the end of the year.
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