California marijuana legalization

January 30, 2012

Show Your Voice And Stand Up to Los Angeles Medical Marijuana Ban

As the Marijuana Lawyer Blog reported earlier in January, Los Angeles officials are planning on implementing a “gentle ban” on medical marijuana citywide.

And The Weed Blog reports that city officials are planning a January 31 meeting to take a final vote on the ban. Bloggers are urging medical marijuana businesses, patients and others to come together to show their frustration with these developments.

Our Los Angeles medical marijuana lawyers also urge supporters of this industry to show your voice by speaking out against this ban. City officials are simply playing into the hands of the federal government, which is trying to intimidate them into banning this industry. Medical marijuana in Los Angeles is a legitimate business that has been hit with a negative public relations campaign.

The facts show that alcohol abuse and prescription drug abuse is a much more prevalent problem. But for some reason, the government only wants to make a big deal about medical marijuana. When people suffering from debilitating illnesses want pain relief, it makes more sense to give them a safer mode of treatment than one they can become addicted to and potentially abuse. Somehow, that hasn’t gotten across to many government types.

According to the blog entry, industry officials are hoping to put together a united front to discuss the matter with city leaders. The city’s planning commission has already voted to ban the “medical marijuana business” within city limits. The matter has now been passed on to the city council, which is planning to take a final vote. It’s expected they’re leaning toward going with the ban.

If medical marijuana business leaders come together and show that regulations are welcomed, but shutting down businesses is not, it’s possible leaders could be persuaded not to go forward with this plan. It’s believed that even if new businesses are banned from coming into the city, businesses that are already in place will be grandfathered in and will be allowed to continue operating.

How to show your voice:

The meeting is set for 10:30 a.m. January 31 or may be moved to 10:30 a.m. Feb. 1
It’s at Los Angeles City Hall, 200 North Spring Street, Room 340. Bring an ID
Prepare a 2-minute or 1-minute talk about why you’re opposed to the ban
Make the story personal and tell why this is bad

Anyone can help fight this poorly considered city plan. It’s the hope of Los Angeles medical marijuana lawyers that patients as well as owners of collectives and dispensaries will stand up to city hall and attempt to stop this ban. It is happening simply because officials are afraid of what the federal government may do and they are unsure of how court cases could affect them.

Tell city leaders how important these businesses are and why Los Angeles should stand out and not back down to federal pressure.
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January 28, 2012

Obama Wages War on Los Angeles Medical Marijuana Industry

By Cannabis Law Group

As our Los Angeles medical marijuana lawyers have said from the beginning, the recent explosion of interest by federal prosecutors in California’s medical marijuana industry has to be a political issue.

Most medical marijuana dispensaries in Los Angeles are operating legitimately and following the law. And despite the perception that local political leaders and law enforcement officials try to spread on the public, these business aren’t trying to avoid regulation.

In fact, because of recent efforts by cities and counties throughout California to shut down the medical marijuana dispensary industry, rogue dispensaries are opening up, not paying local permit fees and can undercut prices as a result. It’s bad for business and it gives all legitimate businesses a bad name.

And along with that kind of bad publicity, federal prosecutors have used their power of intimidation in recent months to threaten medical marijuana users and businesses into shutting down. The pressure has gotten to landlords, who have kicked out legitimate businesses based on threats of civil or criminal prosecution by the feds.

Local leaders, not wanting any problems with the federal government, have bowed down to the pressure as well, agreeing to suspend permitting practices and ban new dispensaries in their cities or counties until court cases that are still up in the air are settled.

Counter Punch, a political web site, recently wrote about the battle between President Barack Obama and the medical marijuana industry. The author writes that the recent pressure directed from federal prosecutors is part of a “shock and awe’ campaign from the president, who is gearing up for a re-election campaign.

The article is critical of California’s medical marijuana industry, writing that the problem is that there isn’t enough regulation, which has brought out loopholes and court case challenges that has caused mayhem in the industry.

The author writes that criticism that California’s laws are too broad, such that he obtained a medical marijuana card outside a medical marijuana festival without showing any medical history to a physician, though he admits he has had cancer and has been treated with chemotherapy. His partner, with no serious illness history, also has a card.

The author, a lawyer and supporter of marijuana for recreational or medicinal use, states that nearly one million people are arrested and prosecuted for marijuana use or possession each year. He argues that the drug should be made legal so that the country doesn’t have to have this debate in the first place.

But he warns supporters of the medical marijuana industry not to be upset about what’s going on because the system has been played by many people — “patients” getting medical marijuana cards without real proof and rogue dispensaries opening up shop without permission. This was bound to make the government suspicious and bring on unwanted scrutiny.

The author does make some points and those are the same points medical marijuana supporters are trying to make today. Many want regulation. The more legitimate the industry is, the less critics and disruption there likely is to be. Prescription pain medication has become more of an issue than medical marijuana, yet that industry is not facing the same scrutiny.
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January 24, 2012

Riverside Medical Marijuana News: California Supreme Court to Review City’s Ban

By Cannabis Law Group

The Press-Enterprise is reporting that the California Supreme Court will review a case out of Riverside after an appeals court ruled that cities and counties have the right to ban medical marijuana dispensaries.

This is huge news because if justices rule that cities and counties don’t have the right to ban medical marijuana dispensaries in Riverside and elsewhere, there could be fewer restrictions in place for medical marijuana dispensaries to start up.

Our Riverside medical marijuana lawyers have been following this issue as we represent many medical marijuana dispensary owners throughout California. We are dedicated to reporting the latest news on our Marijuana Lawyer Blog as soon as it comes out.

There have been court cases throughout California challenging medical marijuana dispensaries, as well as city and county bans and ordinances that create systems for where and how these small businesses can operate. It has been a mess because a 2003 law put in place in Sacramento allowed cities and counties to determine their own way to regulate these businesses.

So, instead of creating a formalized rule, lawmakers in each individual city or county are left to make their own rules. As a result, many of these local rules have been challenged in court and they are still in court today.

A November ruling by the Fourth District Court of Appeal has led many local leaders to shut down medical marijuana clinics, including throughout Riverside. That court ruled that neither the 1996 vote or the state’s medical marijuana program strip cities from the power of banning the facilities.

Along with a Riverside case, the Supreme Court will look at a Long Beach case that looks at the illegality of marijuana under federal law and whether that preempts local leadership from regulating these businesses. A Dana Point case looks into who should be able to decide when disputes arise between dispensaries and local ordinances that regulate them. Upland’s ban is similar to Riverside’s.

At its core, the issue come down to whether local governments can ignore state law and whether state law trumps local government authority. However, all of these cases will have a major impact on medical marijuana dispensaries in Riverside and throughout the state.

There are no conflicting appellate court rulings, so the fact that the state’s high court has decided to take up these cases show that they are dedicated to clarifying this highly controversial law that has been so disruptive. Without a clear ruling from the top, there will continue to be challenges in local courts for years.

Most medical marijuana dispensary businesses simply want to follow the law. They are small business owners and don’t mind regulation as long as they are able to work. But for cities to start banning new dispensaries or trying to shut down others based on a court case is just wrong.

Medical marijuana businesses want to follow the laws and they want the rogue dispensaries and illegal drug trade stopped. Federal government interference has muddied the issue and struck fear in the hearts of local leaders, who have panicked and tried to ban these legitimate businesses without understanding their importance to the community in terms of providing a medicine and tax help.

Our Riverside medical marijuana lawyers will be following these cases closely and will bring any new information as it becomes available. We are dedicated to providing legal representation to those involved in the medical marijuana industry.
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January 4, 2012

Court Rejects Medical Marijuana Suit; Others Fighting Back on Behalf of Growers, Distributors and Users

By Cannabis Law Group

To say the fight in support and against medical marijuana in Los Angeles is heating up would be inaccurate because that would imply it ever cooled down.

But watching the news both in California and in other states shows that supporters of this legitimate business industry, including our Los Angeles medical marijuana lawyers, are making some strides in dispelling the incorrect rumors about the industry and getting other states to follow California’s lead.

In Arizona recently, a U.S. District Court judge dismissed a lawsuit filed by Arizona officials that sought to clarify whether it’s voter-approved medical marijuana law trumps federal drug laws. It was an unusual request by the governor, who was seeking clarification about whether the state’s law or the federal law should rule supreme.

Los Angeles medical marijuana supporters should be happy that a judge refused to consider the issue because had she not tossed the lawsuit, a ruling in favor of federal law could be applied to every state that has medical marijuana laws in place. Often, one case can be cited as a reason to apply it to other cases, even if they are in different states. And there are plenty of people in California, as well as Washington D.C., who want to step on the will of the voters.

In dismissing the lawsuit, the judge said the state wasn’t able to show that its workers were at risk of federal prosecution based on the proposition passing or if state officials had intended to fully implement the law.

The law just passed in 2010 and would require state workers to issue identification cards to people who have medical conditions that require marijuana use. The state’s health department also gained authority to issue permits for dispensaries.

Officials are now deciding whether or not to appeal the ruling or begin licensing medical marijuana dispensaries. The state strategically filed the lawsuit in May, just days before the permit process was set to begin.

Although dispensaries have yet to be authorized, nearly 18,000 people statewide have gotten permission to use marijuana for various medical ailments. About 15,000 of them have asked for permission to grow the plant themselves.

The state’s lawsuit came at a time when federal prosecutors in all 15 states that have legalized medical marijuana, including California, began their politically based move of threatening federal drug charges against those involved in the industry.

Throughout Los Angeles, this led to those renting space to dispensaries kicking them out for fear they would be brought up on federal drug charges. Many businesses that serve the most sick residents were forced to close as a result.

Civil rights leaders have called on Arizona’s leadership to begin implementing legislation that was handily passed by voters. Would-be dispensary owners also have civil lawsuits pending against the state because of the calculated delays.

Our Los Angeles medical marijuana lawyers hope that this situation gets resolved in Arizona soon so the nearly 20,000 patients who need medical marijuana as a prescribed drug can begin getting help for their illnesses.
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December 31, 2011

Other States Attempt to Follow California’s Legal Medical Marijuana Path

By Cannabis Law Group

For the second straight year, medical marijuana supporters in Florida are attempting to get legislators to push through legislation that would allow for the legalization of medical marijuana in that state, the Florida Center for Investigative Reporting says.

As our Los Angeles medical marijuana lawyers well know, simply legalizing medical marijuana doesn’t end all of the problems. In recent months, federal prosecutors have threatened to shut down dispensaries by charging people criminally simply for running their businesses. The landlords who allow these companies to rent from them have also come under fire and many have succumbed to pressure.

While legalized medical marijuana in Los Angeles certainly has had its benefits for growers, distributors and sellers — who have seen their profits grow — and users — who have been provided with lower-cost medicine to ease the pain of difficult ailments — it hasn’t come without its headaches.

Other states throughout the west that have legalized marijuana have also dealt with the issues that resulted in these new state laws. Unfortunately, that has meant some harassment from federal agencies.

A report out of Florida shows that companion bills filed by a state senator and representative aim to legalize marijuana, the first time that bills have been filed in both chambers, the news source points out. But the piece questions whether it is a serious effort by lawmakers to help Florida join other states that have made the leap or simply for show.

The article points out that Florida prides itself on being opposite from California in many ways — conservative vs. liberal, cold California mountains vs. warm Florida beaches, young vs. old, Disneyland vs. Disneyworld and earthquakes vs. hurricanes. But a recent poll in Florida shows that 57 percent of residents support medical marijuana.

And given that the state does have a large older population that suffers from various medical ailments, including harsh forms of cancer, medical marijuana could be beneficial to many residents. But Republicans control the governor’s office and both chambers of congress in Florida and that party typically is anti-marijuana.

But coverage of the effort in Florida has been relegated to college newspapers and pro-marijuana blogs rather than larger newspapers and television stations. But some supporters are attempting to collect enough signatures that it could get the issue on the ballot without lawmaker approval.

If seniors, who would likely be the prime beneficiary of the drug, would get involved, it’s possible it could gain some traction. But our Los Angeles medical marijuana lawyers would warn Floridians to be careful of how to word the law and how to implement it.

California’s marijuana industry has been attacked by federal and local leaders who have sought to shut down these legitimate businesses because of political agendas. If Floridians pass legal medical marijuana, they may too find themselves battling these same issues.
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December 27, 2011

Medical Marijuana Patients Still Being Harassed By California Police

By Cannabis Law Group

Our California medical marijuana attorneys have long supported patients who legally are able to purchase, carry and smoke marijuana for personal use.

And while California’s voters 15 years ago approved marijuana for legal use, there have been no shortage of controversies and problems. As a recent article out of Canada shows, legal marijuana users there, too, have been running into issues with law enforcement, who can’t keep straight who is legally using marijuana and who is breaking the law.

Unfortunately, people who legally use medical marijuana in California often get mixed up in problems because of miscommunication or overzealous police work. While police are still geared toward fighting the “War on Drugs,” they must sit back and recognize that California’s laws allow for medical marijuana use and they can’t assume every person who has marijuana on them is an unlawful user.

Such is the case of a Canadian woman recently interviewed by an Ontario newspaper. The woman has a medicinal garden on her property where she grows marijuana for medicinal purposes. She is legally allowed to use marijuana.

The woman spent $30,000 for 17 different prescriptions for painkillers and tranquilizers to ease the pain she was experiencing and that cost didn’t include the bills for hospital stays. That was 10 years ago. Five years ago, she began smoking marijuana and the symptoms went away, easing her pain. She no longer takes any prescription drugs.

She is happy that she no longer has to rely on pricey prescription drugs to mask the symptoms that make her life difficult, but she is still frustrated by the fact that she faces harassment from law enforcement.

Licensed drug users in Canada have an identification card and a packet of paperwork that prove they are able to legally consume marijuana. But healthcare bureaucracy has gotten in the way of helping patients. Health Canada, the government-run health system, requires the stack of paperwork and not simply the card as proof. But police officers typically only want to see the card.

When she is stopped, officers want to know how much marijuana she’s carrying and where she is growing it. She says she is allowed to grow 126 plants, put 6,570 grams in storage and carry about 900 grams of marijuana on her, but she says she doesn’t for fear she could get robbed. But, while that’s a large amount of the drug, it’s meant to act the same as any other prescription drug.

The amount she can have is determined by her physician and she is legally allowed to smoke it anywhere, except where local ordinances prohibit smoking in public. Earlier this year, she was detained after she went outside a bar to smoke a joint. The bar’s bouncer refused to let her back in and he called police. She was detained for hours after proving she could legally smoke marijuana.

Police argue that they must answer calls from neighbors who worry a person is illegally smoking marijuana and must treat it as a drug case. They must verify that the person in question is, in fact, a legal user.

This is a conflict that has no easy answer. If a person pops a pill in public, most people wouldn’t say anything, but marijuana stands out and so people sometimes react by calling police. Even people who are pulled over and can legally possess marijuana must go out of their way to keep officers who are quick to arrest at bay. Our lawyers are prepared to fight for the rights of marijuana users throughout California.
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December 21, 2011

Los Angeles Medical Marijuana Supporters Heading to the Polls

By Cannabis Law Group

Advocates of medical marijuana hope to create a system that licenses, regulates and taxes California medical marijuana dispensaries and collectives as a way of making peace with federal authorities, who seek to shut them down, The Associated Press reports.

Our Los Angeles medical marijuana lawyers think it’s unfortunate that small business owners who are simply trying to make a living feel they must add regulations and taxes in order to stay in business. But, we also recognize that the pressure that has come down from federal and state agencies in recent months has been overwhelming.

In an effort to garner votes in a state that could make a big difference in the November elections, federal authorities have used the threat of prosecution of not only businesses, but the people who rent to them. This threat has caused commissioners and town council members to create ordinances that ban dispensaries and collectives, even though it is legal under California law.

And now, in an effort to get authorities off their backs, medical marijuana supporters are making some concessions and trying to show authorities they just want to be able to operate their businesses.

The Associated Press reports that after months of looking at the issue, medical marijuana activists have proposed an initiative for the 2012 ballot that would create a Board of Medical Marijuana Enforcement that would have authority to oversee businesses and non-profit groups that grow, distribute, sell or test pot in its raw state as well as in finished goods, including food products.

The Secretary of State and Attorney General must clear the proposal before supporters can seek signatures to attempt to get the initiative placed on the upcoming election’s ballot. Supporters feel that by clearing the issue with state leaders and allowing the state to monitor the industry would show the federal government that businesses are serious about ensuring that marijuana goes to those who are authorized, medically, to have it.

A problem in recent years is that some marijuana growers and distributors have used the state’s law to sell to outsiders — even shipping it to other states where it’s not legal for medical purposes — under the guise of legal marijuana business. This has given a bad name to the many legal companies that are simply trying to make a living.

In October, federal prosecutors throughout the state made an effort to shut down pot growers and distributors they believe are acting as a front for illegal drug dealers. Supporters of the measure hope that this effort appeases federal authorities from coming in and attempting to shut down legitimate businesses.

The initiative would also require local governments to allow at least one dispensary for every 50,000 residents so that all medical marijuana patients have access to this important drug. Registration and application fees would fund the board.

The proposal, if it gets on the ballot and becomes law, would be the first legislative change to the state’s 15-year-old medical marijuana law since 2003, when lawmakers required counties to distribute identification cards to patients and set guidelines for how much users could get.
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December 16, 2011

Los Angeles Councilman Talks About Medical Marijuana Dispensaries

By Cannabis Law Group

The Eagle Rock Patch was able to sit down recently with Los Angeles City Council member Jose Huizar and tackle a bevy of topics, including medical marijuana dispensaries in Los Angeles.

Huizar has been in the news recently because he proposed a ban on all marijuana dispensaries in the city. That has led to much criticism from supporters of the medical marijuana industry, as a ban on dispensaries would not only severely limit the ability for people with cancer and other illnesses to get the marijuana they need for treatment, but it would put people out of jobs and cause the city to take a hit in tax revenue.

Our Los Angeles medical marijuana attorneys have followed this news closely as it could have a profound effect on our clients — the legal users, growers, distributors and sellers of this important medicinal drug.

The publication sat down with Huizar in his city hall office recently and asked about a couple topics, but of most import was the topic of dispensaries in the city. Huizar said that he supports the access of patients who need medicinal marijuana.

The city council member, however said that he wishes to strike a balance between people who legally should have access to marijuana and the “ill effects that come with dispensaries.” He said he wants to prevent an over-concentration of dispensaries and keep them far from churches, schools and other establishments.

Because of a recent court ruling, the city no longer has an enforceable law for dispensaries. He told the media he worries that this will lead to hundreds more dispensaries popping up around the city by people who want to try to make a quick dollar, even if they get shut down.

Huizar says he wants to ban all dispensaries so that the city can get direction from the California Supreme Court about what to do to control dispensaries. He believes the the court can give guidance on the law, which he calls “very flawed.”

He believes the state’s law is susceptible to loopholes. He pointed to laws in Oregon, where a patient can get a prescription for medicinal marijuana only from a primary care physician. In California, any doctor can make the recommendation, which Huizar says could cause problems.

Oregon’s laws also limit the types of ailments that are eligible for medical marijuana. There are only certain ailments that can require marijuana and the patient must show a history of the ailment before getting a prescription or recommendation for marijuana.

He wants to create safeguards for local communities while still allowing those who need the marijuana to have access, he said. He also pointed to pressures from the federal government, who have recently threatened dispensaries, users and landlords who rent to dispensaries.

Our Los Angeles medical marijuana lawyers believe that a ban on dispensaries is a bad knee-jerk reaction to a murky situation. While there are certainly problems with the state law, local city ordinances, the illegal drug trade and interference from the federal government, a shut down isn’t in anyone’s best interests. We hope that city officials continue working to find a solution good for everyone.

At the end of the day, voters legalized medical marijuana. Period. Any murkiness has been caused by the wrangling of politicians who won’t accept that simple fact.
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December 13, 2011

California Marijuana Growers Shifting Production Tactics, Testimony Reveals

By Cannabis Law Group

A recent article out of Washington reports that California’s marijuana growers have shifted plots from national forests to farmland, according to the Fresno County sheriff, who testified to the Senate Caucus on International Narcotics Control.

Admittedly, medical marijuana in California is a difficult industry because while many small businesses sell marijuana solely for medicinal purposes, others use it for illegal uses. Illegally operating growers sometimes make shipments to legal dispensaries and then ship out of state to illegal users and distributors.

This is why our Riverside medical marijuana lawyers have been so busy helping people throughout California who have faced problems simply for following California’s laws, which were originally put into place more than 15 years ago.

Whether it is law enforcement interference, or problems from federal authorities who don’t respect California’s laws, or the reaction of local officials scared of both groups, these small business owners have been under the gun in 2011. Our marijuana lawyers hope that things simmer down in 2012.

According to the news article, Fresno County has seen a drop in marijuana plots on public land. In 2009, law enforcement identified 81 sites where marijuana was grown on public lands in Fresno County. In 2010, that number dropped to 19 and down to 8 in 2011.

Senators said that the Central Valley is perfect farmland for marijuana because of abundant sunlight, fertilizer and irrigation. While senators were encouraged that marijuana isn’t being grown on public land, the shift has been to private farmland, the article states.

Last year, Fresno’s sheriff told senators that 36 multi-acre marijuana cultivation sites were found on conventional farmland throughout Fresno County. One site found this year by officials was 57 acres.

Officials are also alleging that illegal immigrants are being used on these sites and have been particularly important in the marijuana industry in California. In July, officials arrested 159 people in sweeps through five Northern California counties. About 95 percent of those who were arrested were illegal immigrants. Between 2005 and 2010, 1,437 of the 2,334 marijuana sites seized on federal forest land had illegal immigrants on them.

In that July sweep, more than 632,000 marijuana plants were seized, along with 38 weapons, including assault rifles. During a similar operation in 2010, 432,271 marijuana plants and 33 weapons were seized around Fresno.

Officials believe that the marijuana industry has given Mexican drug trafficking gangs a cover for their operations. And this hurts legitimate businesses. With law enforcement snooping and federal authorities bringing pressure, people who are trying to run dispensaries the right way can unneeded pressures.

If people are illegally operating marijuana farms and illegally distributing it to non-authorized users, it paints all businesses in a bad light. This increases prices, leads to shut downs in businesses and, ultimately, hurts patients.
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December 7, 2011

California City Debates Marijuana Smoking in Parks, Medical Marijuana Dispensaries

By Cannabis Law Group

A San Jose suburb recently had a debate about whether the city should allow medical marijuana dispensaries in the city limits.

It’s amazing that 16 years since medical marijuana was legalized in California, cities are still having debates about whether or not to allow medical marijuana dispensaries in Riverside and elsewhere to operate.

One reason this has become an issue is because in recent months federal authorities have begun going after these small business owners, who are legally operating under California law. Unfortunately, state law conflicts with federal law and in an effort to garner some votes in the 2012 election, the Obama administration is causing problems for these people.

Our Orange medical marijuana lawyers fully support these businesses, which are following the law and providing a key medicine for people who have chronic ailments.

City officials in Milpitas, a city north of San Jose and on the southeast end of San Francisco Bay, recently looked at the possibility of whether to allow medical marijuana dispensaries to operate within the city limits.

The police chief expressed concern over the idea of allowing dispensaries in the city since U.S. attorneys consider them a federal law violation. The chief also told city officials that there are “likely no more than 20 genuine” medical marijuana patients in the city.

The first point that should be made here is it’s likely impossible with medical privacy laws for the police chief of a city to know how many people have legitimate illnesses for which medical marijuana is a viable treatment option.

The second point the chief made to officials is that dispensaries bring the risks of robberies, money laundering, piles of cash and other crimes.

Let’s examine this a little closer. So, the police chief here believes that medical marijuana dispensaries are a haven for crime. What about convenience stores? There are plenty of late-night robberies at stores where violence often occurs. Banks often get robbed and there are piles of cash there. Money laundering? How about illegal drug dealers?

I doubt the police chief is warning officials about the risks of convenience stores and banks, yet he stereotypically slams medical marijuana dispensaries as potentially harmful to the city. These inaccurate facts have no place being presented to a decision-making body. Dispensaries are small businesses just like any other, operating within the laws of the state.

This is another politically motivated attack on people who are simply trying to run a business and earn a living. The chief encouraged city leaders not to allow dispensaries there, but if they do, to limit nighttime hours and ensure they aren’t located near libraries, schools and places where children congregate. The chief also said marijuana use shouldn’t be allowed near dispensaries.

City leaders took the comments and still believed the dispensaries should be considered in the future for “patients that need it.” While court rulings have determined that cities may not be able to issue permits, they can use land use controls and safety regulations to ensure dispensaries can open.
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