California marijuana legalization

January 20, 2014

Decriminalization of Marijuana may be the way Forward

Although the United States, and indeed, some foreign countries have dramatically shifted their views on marijuana there are still many places in the United States were possession of marijuana is a criminal offense.

Our Los Angeles marijuana lawyers know that even in California, the first state to allow medicinal use of marijuana, it is still not legalized for recreational use.

The public and legislators in California are sure to be watching how Colorado and Washington State handle the recent legalization of marijuana. Recent surveys have shown that public opinion is shifting in favor of legalized pot.
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January 4, 2013

American Public in favor of legalizing marijuana

By Cannabis Law Group

A 2013 Field poll revealed that a higher percentage of California voters are in favor of making marijuana legal to purchase and possess.

Our Los Angeles marijuana attorneys know that public opinion is shifting when it comes to marijuana policy in California.

According to the field poll, which is conducted on an annual basis, 47% of respondents were in favor of legalizing marijuana with controls such as age and consumptions limits, similar to alcohol, while another 8% of those that responded were in support of legalizing cannabis without any restrictions at all.
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June 30, 2012

Retired LAPD Deputy Chief Supports L.A. Marijuana Legalization

By Cannabis Law Group

When it comes to medical marijuana in Los Angeles, prohibition is not the answer. It’s never worked for anything and it won’t work now. The solution is three-fold: Legalize, regulate and control.

And that’s not just the opinion of our Los Angeles marijuana lawyers – that’s coming from a retired L.A. cop.

A former Los Angeles Police Department deputy chief who once oversaw the Administrative Narcotics Division, Stephen Downing was recently profiled in the Los Angeles Times.

It might strike some as odd that any ranking officer would cop to such a stance, let alone one who is a lifelong Republican. What it illustrates is that these are not radicals and hippies. Legalization and regulation are common sense.

From Downing’s standpoint, it’s an issue of public safety. What it boils down to, he says, is that the war on drugs is ineffective. The way he puts it, drug lords and law enforcement have been at odds for the last four decades, each trying to top the other in terms of weaponry – at the expense of funding for education and other social services. And despite the violence, neither the demand nor the supply is down.

While Downing advocates for the legalization and regulation of all drugs, what we of course focus on is medicinal marijuana, which has been legal in California since 1996. But Downing’s message is particularly relevant here. For all the arguments made by politicians and prosecutors about how crime is perpetuated by the presence of dispensaries, the truth of the matter is that dispensaries keep crime in check. That’s not to say that the state couldn’t do a better job of regulation. But as it stands right now, there is no uniformity in that regulation.

The heart of any problems with California’s medical marijuana system is not rooted in the fact that marijuana is legal, but rather in the reality that there is no clear policy that is uniformly applicable throughout the entire state. Just about every municipality has been left to make their own interpretations. But for those, like Los Angeles, who have considered a ban or have already implemented a ban, the alternative is underground access – with all the seediness that carries. We’re with Downing: Keep it above board and you not only treat ailing patients, you greatly reduce the money flowing into the pockets of violent drug lords, who inevitably will step in to fill the gap.

Downing is part of an advocacy group called Law Enforcement Against Prohibition, which presses for drug reform that will aim to treat the whole cycle of addiction as a public health crisis, rather than a war to be fought with weaponry.

This is an officer who joined the force in 1960, saw the rise of the Bloods and Crips, was with then-President Nixon when he first declared this war on drugs and watched police departments become mini-militaries.

And for what?
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March 23, 2012

Medical Marijuana in Los Angeles Frowned Upon by Feds 40 Years after First Congressional Commission Assessment

By Cannabis Law Group

Recently (on March 22nd), our country celebrated forty years since the first and only Congressional Commission assessed policies regarding medical marijuana in California and elsewhere.

The assessment was the result of requests to Congress to lighten up on the country’s law so that the use of small quantities and possession of marijuana by adults would no longer be punished as a criminal offense, according to NORML.

On March 22nd in 1972, the National Commission on Marihuana and Drug Abuse concluded that the offenses associated with minor possession of the drug should be “decriminalized.” Recommended by the Commission was that states should follow in these guidelines and should throw out the criminal penalties for minor offenses.

Our Los Angeles medical marijuana lawyers remember when the Commission declared that the penalties of criminal law were too harsh to be used to punish personal possession of marijuana. Nixon’s administration was to head this assessment and determine how to go about dealing with marijuana-related charges. When all of this went down, the Commission recommended that marijuana possession for personal use should no longer fall under the list of criminal offenses. It was also then when the Commission determined that marijuana should no longer be considered as a Schedule I drug under federal law. The Commission felt that there was no correlation between the dangers associated with heroin use and the use of medical marijuana.

Still, in July of 2011, President Obama’s administration decided to keep the classification of marijuana as a Schedule I drug saying that the risks of use do not appear to outweigh the benefits.

Forty years after the Nixon administration rejected the findings and the recommendations of the National Commission on Marihuana and Drug Abuse the use, the possession and arrest population has grown to more than 20 million Americans. What’s alarming is that about 80 percent of the people who were arrested were charged with possession-related offenses, not trafficking or sales. In other words, innocent users are facing the wrath of this enforcement.

Allen St. Pierre, NORML’s Executive Director, says that since our nation neglected to take hold of the recommendations that were set forth by the National Commission on Marihuana and Drug Abuse, minor marijuana offenses and charges have cost American taxpayers billions and billions of dollars and has needlessly ruined the lives of millions of otherwise law-abiding Americans.

Still, nearly half of Americans feel that marijuana should be legal in the country, if not only for medical purposes. More than 10 percent of residents say that they’ve used it at least once in the last year and feel that it should be regulated and legalized.

It has now been forty years since the Nixon administration could have created and enforced a rational policy regarding marijuana throughout the country. They were offered the truth about the substance, but failed to take it into consideration. Laws regarding medical marijuana were set and that’s all they cared about. It seems not much has changed, federally speaking, since then.
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March 10, 2012

California Medical Marijuana Supported by Wide Range of Celebs

By Cannabis Law Group

In recent weeks, a number of celebrities – from the rap group Cypress Hill to former talk show host Montel Williams – have come out in support of medical marijuana in California and across the country.

The wide range just further illustrates what our California medical marijuana attorneys already recognize: the vast array of benefits this drug provides for patients who are suffering form a variety of ailments.

The battle for the right to peacefully distribute, purchase and use marijuana for medicinal purposes is being fought on several fronts throughout the state right now. It’s been ongoing since California became the first state to legalize the drug in 1996. Since then, 16 other states have followed suit.

Sometimes, patients feel it’s a constant dance of one-step-forward, two-steps-back.

Last year, the Obama administration gave directives for federal prosecutors to focus efforts on matters other than medical marijuana. But last fall, prosecutors began moving forward anyway with a host of crackdowns across the state, shutting down dispensaries and collectives that it said were ballooning to unmanageable proportions.

Then pot proponents claimed victory a few weeks ago when an appeals court ruled that local governments couldn’t utilize nuisance laws simply for the purpose of shutting down dispensaries that were operating legally.

But there were again setbacks when a federal judge in Sacramento refused to even hear a case brought by medical marijuana patients and operators claiming that federal prosecutors are ignoring the presidential directive. The judge essentially said the president’s orders aren’t binding.

Last week, Cypress Hill front man B-Real headed a march from Los Angeles City Hall to the Edward R. Roybal Federal Building at 4:20 p.m. in an effort to voice opposition to the crackdown and send a message that the state’s medical marijuana laws should be defended. The rapper told LA Weekly that he was pleased with the turnout for what essentially equals a fight for civil rights. He followed up that effort with a “Smokeout Festival” headlined also by Sublime, Korn, Rusko and Wiz Khalifa. The event, B-Real said, is part of a greater movement.

“The goal of its inception was to use the power of music to build a platform for supporters, advocates and fans to congregate and take a stand toward decriminalization,” he told AllHipHop News.

All artists involved, he said, were chosen for their talent, as well as their pro-medical marijuana advocacy.

Also publicly voicing a pro-marijuana position in recent weeks is former talk show host Montel Williams. He recently held a news conference in Maryland on the issue and additionally appeared on the Dr. Oz show. The 54-year-old has been dealing with multiple sclerosis since 1990. He said he has suffered with pain in his face, side and lower extremities for years. Marijuana, he said, is the only substance he has found that has provided him with relief. On Dr. Oz’s program, he said since he began using medicinal marijuana, plaque has stopped forming in his brain – leading him to believe it is the pot that has halted the disease’s progression.

He said while it may not be a solution for everyone, medical marijuana has allowed him to have his life back.
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March 9, 2012

Medical Marijuana in California and Elsewhere Reducing Suicide Rates, Study Says

By Cannabis Law Group

Some refer to marijuana as a “magical drug,” while others say that it’s continuing to do more harm than good. While it doesn’t exactly give you magical powers, it does help patients in treating nausea, back pain and a plethora of other medical conditions.

Now, there’s even more evidence proving that the “miracle” drug is helping to make our world a better place. According to a new study that started out of Germany, medical marijuana in Los Angeles and elsewhere in California is helping to reduce the rates of suicide. Researchers used this study to examine areas that have legalized medical marijuana and their rates for suicide.

According to the LA Times, suicide is oftentimes triggered by events that are stressful. Through a number of studies, medical marijuana has been proven to reduce these stresses and therefore has the ability to reduce the risks of suicide. Still, there are those that will actually argue to the death, saying that marijuana has no redeeming medical or social value. That’s not what recent studies are saying, according to researchers.

Our Riverside medical marijuana attorneys understand that the recent study noted that California law states that qualified patients are permitted to use medical marijuana to treat anxiety. Both New Mexico and Delaware allow residents to use this drug for the treatment of post-traumatic stress disorder. Researchers with the Institute for the Study of Labor (IZA) are helping researchers at the University of Colorado’s Department of Economics to pinpoint the use of medical marijuana and its effects on suicide.

This newly-published study is titled “Medical Marijuana Laws and Suicide“.

The results of the study illustrate that by making a law in favor of medical marijuana areas will experience an approximate 5 percent reduction in the current suicide rate. More specifically, researchers predict a reduction of more than 10 percent in the rates among males aged 20- to 29-years-old and a reduction of about 9 percent reduction among males aged 30- to 39-years-old.

Some of the researchers have made the assumption that the use of medical marijuana has the ability to help patients to reduce their alcohol intake. As we all know, alcohol can be a downer, too.

The association between suicide and alcohol intake discovered by other researchers proves that if there’s a law legalizing marijuana, then it would in turn help to reduce suicide rates.

In a similar study, animals were injected with low doses of synthetic cannabinoid. The result was “a potent anti-depressant effect.”

Other scientists, like Dr. Drew Pinsky, say that marijuana and depression are as closely associated as peanut butter and jelly.

Still, researchers say the evidence is clear — states that legalize the use of marijuana have lower rates of suicides.

All in all, the German study concludes that “the legalization of medical marijuana leads to an improvement in the psychological well-being…an improvement that is reflected in fewer suicides.”
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March 8, 2012

Medical Marijuana Case Struck Down Without Hearing

By Cannabis Law Group

A federal judge in Sacramento recently dismissed a California medical marijuana lawsuit against the recent clampdown on medical marijuana dispensaries by federal officials.

Our Los Angeles medical marijuana attorneys are disappointed, though not surprised. We anticipate this is a fight that may continue for some time before the civil rights of patients are fully recognized.

The Sacramento decision follows a recent state appellate court’s ruling to disallow local governments to use nuisance laws to shut down medical marijuana dispensaries.

February 28, 2012

Could Oakland Regulation Benefit Los Angeles Medical Marijuana Industry?

By Cannabis Law Group

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 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 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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