California Marijuana Dispensaries

November 23, 2010

L.A. medical marijuana attorneys watching dispensary ordinances in Los Angeles and Orange counties

The Los Angeles County Board of Supervisors is set to consider a ban on marijuana dispensaries at a hearing today, the L.A. Times reports.

Our Los Angeles medical marijuana defense attorneys are representing more than a dozen marijuana dispensaries in the Los Angeles area. We believe there is strength in numbers and that fighting these local ordinances will be required for many of these businesses to survive.

In the wake of the City of Los Angeles’ marijuana dispensary ordinance — which has been so disastrous city officials recently delayed enforcement for another six months while the administration attempts to get its act together — the county now seeks to ban medical marijuana dispensaries in unincorporated Los Angeles. The ordnance would impact a population of about 1.5 million.

The county’s four-year-old policy had permitted dispensaries. However, the county has never approved one. That ordinance also forbid them from being located within 1,000 feet of churches, daycare centers, libraries, playgrounds or schools.

Despite never having approved a dispensary, county officials have now apparently decided that time and tax dollars need to be taken up with the kind of political grandstanding the issue always brings to the table. Apparently, our elected politicians believe no other issues of substance would be better served with their talents and attention.

Our Orange County marijuana dispensary lawyers are also monitoring a similar ordinance being debated there.
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November 20, 2010

City grants delay in enforcement of medical marijuana ordinance in wake of poor handling by Los Angeles officials

By Cannabis Law Group

Medical marijuana dispensaries have been given six more months to comply with the city’s ordinance, which seeks to close all but about 50 of the 500 dispensaries, while limiting who can manage the remaining dispensaries and where they can be located.

As our L.A. medical marijuana dispensary lawyers have reported, the extension has nothing to do with a softening of the city’s position. Essentially, its creation and management of the ordinance has been so flawed and disastrous that it had not choice but to extend the deadline.

The Los Angeles Times reports a requirement a dispensary be under the same management has been dropped. That requirement dropped the number eligible to continue operating below 50 — even the city had expected at least 75 of the dispensaries would remain in business.

Dispensaries had until Dec. 4 to comply with the ordinance. But more than 5 months after it went into effect, the city had not approved a single dispensary. The biggest issue was a requirement in the ordinance that dispensaries be under the same management as they were three years ago when they registered with the city clerk. Many have changed or added managers, just as many businesses would over a period of years.

The city eliminated the controversial requirement but did leave a requirement that at least one of the original owners is still involved with a dispensary’s operation.
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November 18, 2010

Long Beach tightens restrictions on medical marijuana dispensaries

By Cannabis Law Group

Nine more Long Beach medical marijuana dispensaries will be forced to shut down under amendments supported Tuesday by City Council, the Contra Costa Times reported.

Our Long Beach marijuana dispensary attorneys reported recently here on our Marijuana Lawyer Blog that local politicians were set on toughening the rules, despite shaky legal ground for doing so. The attorneys and staff at the CANNABIS LAW GROUP believe most of these local ordinances violate the rights of medical marijuana patients and dispensaries. There is strength and numbers and those who survive are those who are willing to fight against the amateur politicians with nothing better to do.

Council compromised by not implementing the full range of proposed restrictions backed by three of its members. It did not restrict marijuana cultivation to industrial zones but it did create buffer zones around parks. The 7-2 vote to rewrite the law — which it just approved in March — added to existing restrictions that prevent activity within 1,000 feet of schools, residential areas or other marijuana-related businesses.

The city also requires the marijuana be grown within the city limits, despite a state law permitting medical marijuana to be legally grown throughout California.

Other proposals not adopted would have also prevented collectives from operating within 1,000 feet of libraries and child care centers.

Collectives must also submit audited financial information and state sales tax reports to the city. They are permitted to operate from 9 a.m. to 7 p.m. — a slight increase in hours over the previous requirement that they close by 5 p.m.

Security cameras will also be required for the outside of collective buildings. And a one-year moratorium on new collectives will go into effect.
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November 17, 2010

Conviction of Corona medical marijuana dispensary operator on tax evasion charges offers fair warning

By Cannabis Law Group

A 31-year-old operator of medical marijuana dispensaries in Perris and Corona is awaiting sentencing on tax evasion charges.

Our Los Angeles marijuana dispensary lawyers think more dispensary owners are likely to be targeted with tax evasion and other federal charges. The government has long used such tactics against organized crime and will likely use it on dispensaries and marijuana farmers as a way of cracking down on activities legal under state law. Such roundabout enforcement makes it all the more critical to make sure you are complying with state and federal tax laws.

In this case, the 31-year-old operator was arrested during a crackdown in July 2007. The Internal Revenue Service and the Drug Enforcement Administration claims his dispensaries took in more than $1 million.

The Southwest Riverside News Network reports he was charged with conspiracy to possess, with the intent to distribute, marijuana; maintaining a drug establishment; distribution of a controlled substance; and willful filing of a false income tax return.

Federal prosecutors allege he claimed less than $30,000 in income, despite earning more than $165,000 from his Healing Nations Collective. Authorities seized his home, a Lexus, a Mercedes-Benz, $75,000 in cash and 15 pounds of marijuana.

Prosecutors dropped the other charges after he agreed to plead guilty to tax evasion. He is expected to be sentenced to home detention and probation.
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November 11, 2010

Long Beach marijuana dispensary law cited as both absurd and not absurd enough

By Cannabis Law Group

Despite having what medical marijuana advocates are calling one of the most prohibitive ordinances in California, three Long Beach city council politicians are calling for tougher restrictions, the Press-Telegram reports.

Our Long Beach medical marijuana defense lawyers continue to report on the antics of amateur city and county politicians, who continue to insist upon jumping into the debate — as if their cities don’t have more pressing problems. Most of these ordinances clearly violate the rights of dispensaries and patients under state law and we believe they will ultimately be defeated by those willing to fight for their rights. The politicians, on the other hand, are apparently hoping the vast majority will just allow themselves to be blindly trampled.

The Long Beach law is attempting to require marijuana cultivation occur within the city limits. Yet it also limits activities near residential areas, near schools, or within 1,000 feet of other dispensaries or growing operations.

Now several members want to restrict collectives from locating within 1,000 feet of parks, libraries or child-care centers, to restrict cultivation to industrial zones and to restrict the number of collectives permitted citywide to 18.

The proposed changes would force the closure of many of the 32 Long Beach collectives. Council members are meeting in closed-door session with city attorneys to discuss the legal ramifications of their actions.

The basic problem is that they are likely to act anyway — even part of the problems with the ordinance in Los Angeles is that council has too often not followed the advice of its own attorneys, thereby opening the city up to millions in legal fees for little purpose other than political grandstanding.

Watchers say the Long Beach law is unusual in requiring that the marijuana be grown within the city limits.
Safe Access identifies 139 cities and 9 counties that have enacted laws banning marijuana. Another 103 cities and 15 counties have passed temporary moratoriums on collectives.
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November 9, 2010

Lake Forest marijuana dispensary lawsuit shows value of fighting for your legal rights

By Cannabis Law Group

As our Orange County Marijuana Dispensary Lawyers reported earlier this year on our Marijuana Law News Blog, the CANNABIS LAW GROUP was able to win a temporary stay in the case against Lake Forest Wellness Center & Collective. The firm and the dispensary are appealing an Orange County Superior Court decision in May that required the business to shut down.

Lake Forest closed dozens of dispensaries but Forest Wellness Center & Collective has thus far been successful in fighting for its survival with the help of the CANNABIS LAW GROUP.

The firm has filed its opening brief in the case and is awaiting the city’s brief in opposition. Oral arguments will likely be heard next year. In the meantime, this dispensary has been allowed to remain open while about a dozen others in Wake Forest were forced to close.

Meanwhile, the city has filed a motion for clarification, which asks the appellate court if the city can go back to superior court and seek an enforcement of the shut down order. As we have reported here previously, it is at the appellate level that much of the success is likely to come against the small town ordinances created by amateur politicians. We believe the businesses are operating legally under state law and that our legal arguments will ultimately prevail.

The requested enforcement of the shut down order is in connection with two other dispensaries, which have not filed for court relief but have refused to close. They very well could be forced to close. The staff at the CANNABIS LAW GROUP stands ready to help medical marijuana businesses fight for survival; and we believe those that remain standing will be the ones who asserted their legal rights.

Additionally, the city may also seek to shut down new collectives, which are also not party to the litigation but have opened up in recent months.
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November 7, 2010

Costa Mesa will not pursue criminal penalties against dispensary owners after Appeals Court ruling

By Cannabis Law Group

Our Costa Mesa medical marijuana dispensary attorneys have reviewed the latest city ordinance attempting to regulate the legal business of providing medical marijuana to patients. Our Los Angeles marijuana defense attorneys believe fines and civil lawsuits are the most likely sanctions for violating the ordinance.

The Orange County Register reports that the city will not seek criminal prosecution against those that violate the ordinance. While city law still classifies operating a dispensary as a misdemeanor or infraction, the new law says the city has never sought criminal prosecution and does not intend to do so in the future.

The move was in response to a ruling in August by the Fourth District Court of Appeals, which frowned on criminalizing dispensaries solely based on medical marijuana activities. As our attorneys at the CANNABIS LAW GROUP have frequently reported, it is going to be a fight to force the amateur politicians and local municipalities to recognize the rights of these businesses, which are operating legally under state law. Many of the victories may come at the appeals level. But we believe in the rights of marijuana dispensaries to do business in accordance with California law.

In this ruling, the state rejected the argument of a conflict between state and federal law, saying such a conflict would only exist if the government required people to possess marijuana. “The city may not justify its ordinance solely under federal law, nor in doing so invoke federal preemption of state law that may invalidate the city’s ordinance,” the court wrote.
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November 6, 2010

Los Angeles declares marijuana dispensaries illegal … just not too illegal to tax

By Cannabis Law Group

Currently in litigation with our Los Angeles medical marijuana defense lawyers after having created an arbitrary ordinance in an attempt to close the vast majority of the city’s marijuana dispensaries, the City of Los Angeles has decided it wants tax what is left.

The L.A. Weekly reports that a city councilwoman has proposed a 5 percent tax — or $50 for every $1,000 brought in by dispensaries for pot.

The CANNABIS LAW GROUP currently represents more than a dozen marijuana collectives in the Los Angeles area against a city ordinance that seeks to force the closure of more than 90 percent of the area’s medical marijuana dispensaries.

Now council has voted 9 to 3 to put the tax idea before voters in March. If passed, it will have to be affirmed in a second vote on Nov. 17.

The city’s own attorney told council it was a bad idea and would essentially seek to tax an activity it has already sanctioned as illegal.
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November 4, 2010

Failure of Proposition 19 highlights need to fight for the rights of medical marijuana patients and dispensaries

By Cannabis Law Group

The marijuana legalization effort is not going away. But Tuesday’s defeat of Proposition 19 makes the fight against the assault on California’s legal medical marijuana industry all the more urgent.

Our Los Angeles medical marijuana collective attorneys urge anyone with a stake in the fight — whether patient, grower or dispensary — to aggressively stand up for their rights under the laws that have made medical marijuana legal in this state for 15 years. With those laws also under attack, the only defense is an aggressive offense. Unless we let it be known that those who enforce the laws must also obey the laws, then it doesn’t matter how many different ways we legalize marijuana.

The Los Angeles Times reports that supporters of the effort to legalize marijuana in California plan to be back on the ballot in 2012. The measure was defeated 54 percent to 46 percent.

As we have reported before here on our Marijuana Lawyer Blog, the fight would have likely just begun with the passage of Proposition 19.

The federal government could have challenged the law. And even the Los Angeles County Sheriff said he would ignore it and continue to make arrests, apparently for activities that were no longer illegal (yes, good luck with that sheriff).

With the legal medical marijuana industry under attack in Los Angeles, we need to convince the politicians and bureaucrats to obey existing laws before the creation of new ones will ensure the protection of a citizen’s rights.
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October 30, 2010

Los Angeles sheriff continues his bizarre campaign against marijuana by warning parents to check trick-or-treat bags

By Cannabis Law Group

What is it with the Los Angeles sheriff’s obsession with marijuana?

Our Los Angeles marijuana dispensary lawyers have reported on our Marijuana Lawyer Blog that the sheriff has blamed legal medical marijuana businesses for being victimized by crime. And we also noted the sheriff spent his resources conducting raids for pot-laced suckers,brownies and rice treats.

Now the department has issued a warning to parents to watch out for such treats in their trick-or-treat bags, the L.A. Times reports.

We think that is about as likely as someone tossing six packs of Budweiser or prescription medication into children’s treat bags. Sheriff Lee Baca opposes Proposition 19, California’s legalization effort, and has said he will continue to arrest growers even if it’s approved. Meanwhile, his department has issued the warning claiming the marijuana snacks and candies, similar to those confiscated from legally operating marijuana dispensaries, could end up in the treat bags of children.

The department has never received reports of such an incident actually happening, the Times noted.

And, if Proposition 19 passes, and the sheriff continues his crackdown, he will be breaking the law. The sooner he gets used to that reality, the better it will be for everyone.
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