California marijuana legalization

October 22, 2010

California marijuana legalization: Whether or not pot is addictive is irrelevant

The Los Angeles Times reported recently on marijuana’s potential for addiction as part of the ongoing debate over its potential legalization via Proposition 19 on next month’s ballot.

Our Los Angeles medical marijuana defense lawyers think it’s a mute point. An argument can be found that points to the addictive qualities of table salt. Alcohol is addictive and can be deadly in excess. Tobacco is addictive and has no redeeming qualities whatsoever. Both are legal and cost the medical establishment millions, if not billions of dollars each year. Neither would stand a chance of being outlawed because of the large, established power brokers who have made their fortunes from it and the politicians who protect them even while screaming about the dangers of marijuana.

Not to mention the fact that any teenager in the land can get you marijuana, which is illegal, much easier than he or she can get you alcohol, which is legal and regulated in much the way supporters of the marijuana legalization effort hope pot soon will be.

The Times follows the story of a 69-year-old woman who said she was addicted to marijuana for 19 years. (Note, again, that she is now 69 as we discuss the possible health consequences).

The Times reports that many health experts are against marijuana legalization, saying it will cause more addiction and more car accidents, and will erode performance in school.

Studies suggest that marijuana is addictive for about 9 percent of adults who use it — compared to 15 percent for alcohol and cocaine. A study by the National Highway Traffic Safety Administration in 1998 found the effects of marijuana on driving were modest but became severe when combined with alcohol.

Another question is how many more people are likely to experiment with marijuana should it become legal — some put the increase at as high as 50 percent. Others say that is unlikely because California’s relaxed laws and the availability of medical marijuana have already made the drug readily obtainable.
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October 18, 2010

Los Angeles marijuana dispensaries have more on their plate than worrying about Marijuana at Walgreens

By Cannabis Law Group

Our Los Angeles medical marijuana attorneys think some of the concerns of dispensaries and collectives over the impact of legalizing marijuana could be unwarranted. As the Daily Titan reports, some in the medical marijuana industry fear that legalization could increase competition to the point that it forces them out of business.

The manager of an Anaheim dispensary was quoted as saying: “How the hell am I going to be able to compete with a local liquor store selling the same exact product I’m selling but for a lower price?”

Of course the impact of legalized marijuana remains uncertain, just as the passage of Proposition 19 is not certain. Just as what impact the federal government could have, in either challenging the law or enforcing federal drugs laws against marijuana, remains uncertain. And, of course, nobody knows how the next local politician with nothing better to do is going to react.

But we think it unlikely that you are going to be able to buy marijuana at WalMart anytime in the foreseeable future. Yes, cities like Oakland have talked about growing marijuana and there are reports of big tobacco buying acreage with the intent to grow crops. But the dispensaries and collectives on the retail end of the equation could still be well positioned. That is part of why it is so frustrating to see cities like Los Angeles attempt to force them out of business ahead of the tax bonanza that will be reaped if local municipalities are allowed to tax all sales of legalized marijuana.

There have been head shops almost as long as there has been marijuana. Specialty stores exist in every industry. If local governments would stop insisting upon trying to legislate the legal medical marijuana business out of business, dispensaries and collectives would have a brighter future than they have seen in some time.

Legalizing marijuana could be an asset. Perhaps green cash will speak louder than the green crop that has some local politicians awake at night.For now, the fear of losing business to CVS or Walgreens, as this article suggests, is the least of the problems faced by medical marijuana dispensaries in Los Angeles.
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October 14, 2010

California marijuana legalization effort: Whitman never lets the facts stand in the way of a good story

By Cannabis Law Group

California gubernatorial candidates Meg Whitman and Jerry Brown sparred over Proposition 19, the marijuana legalization issue. At a recent debate moderated by Tom Brokaw, Whitman said she was opposed to the measure, saying it was also opposed by every single law enforcement officer in the state.

As our Los Angeles marijuana defense lawyers have frequently reported on our Marijuana Lawyer Blog, the initiative has been supported again and again by current and former law enforcement officers, judges, and prosecutors.

“What would happen if tomorrow marijuana were legalized, licensed and controlled by the state,” Brokaw asked. “Because it’s no secret that in this state and across the country people can get it whenever and wherever they want to.”

Whitman said she was firmly opposed.

“Every single law enforcement official in this entire state is against Proposition 19,” Whitman said.

– Here we report on an entire group of law enforcement officers, judges and prosecutors who came out in favor of California’s marijuana legalization initiative.

-Here the Black Police Association voices support for legalized marijuana in California.
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October 13, 2010

Legalizing marijuana in California might not stop Mexican drug cartels, but stopping the politicians could be good enough!

By Cannabis Law Group

Legalizing marijuana in California would not put much of a dent in the issue of violent Mexican drug cartels that smuggle marijuana across the border, the Los Angeles Times reports.

Taking money, influence and power away from such cartels is one of the selling points of Proposition 19. The November ballot initiative would legalize possession of up to an ounce of marijuana by those over 21. Another selling point has been the ability of local governments to tax sales, thereby raising hundreds of millions of dollars in much needed revenue. However, as cities and counties continue to waste valuable resources on banning marijuana dispensaries and throwing other hurdles in the path of California’s legal medical marijuana industry, our Los Angeles medical marijuana attorneys are more and more convinced that one of the biggest benefits to legalization would be breaking the spell the issue has had on amateur politicians throughout Southern California.

Instead of looking to fix the real problems within their community, they are too often worried about who is smoking weed. The absurdity would be laughable if it weren’t for the fact that it is costing these communities millions of dollars to wage a fight that doesn’t need won. The most likely outcome is that cities like Los Angeles will succeed in decimating the marijuana retail infrastructure necessary to take advantage of the biggest tax haul since the creation of the lottery.

The report by the Rand Corp. of Santa Monica reports that legal marijuana could replace Mexican marijuana sold in California, but that it would account for no more than 4 percent of the revenue received by gangs from the drug trade. Only if California’s legal marijuana were sold across the country could it have a major impact on the cartels — a scenario the study found unlikely.

As we reported recently on our Marijuana Lawyer Blog, it is that concern about the impact legalized marijuana in California could have on the rest of the nation’s illicit drug trade that could spur government action under federal drug laws.

Comparing Mexican drug cartels to the American mafia after prohibition, the report also contends that the cartels would find other ways to make money.
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October 3, 2010

California county prohibits marijuana cultivation after rash of farmer robberies

By Cannabis Law Group

A story in the Los Angeles Times illustrates the dangers farmers face in growing and harvesting medical marijuana in California.

While the media so often focuses on the debate surrounding the marijuana collectives and the retail side of the industry, our Los Angeles medical marijuana defense lawyers understand the problems faced by legitimate farmers in the fields of California’s Central Valley. As we reported on our Marijuana Lawyer Blog, Proposition 19 would not only legalize marijuana and allow local governments to tax its sale, it also has cities like Oakland considering ways to better regulate its growth and sale at the wholesale level.

The Times tells the story of a farmer who killed a 17-year-old suspected gang member during what was allegedly the attempted robbery of a marijuana farm. While the farms have medical marijuana cards to shield them from law enforcement, they are still subjected to the constant threat of robbery, particularly in September and October when most crops enter harvest season. In the past month, at least five confrontations with growers have been reported in the Central Valley, two of them fatal.

In response, Fresno County passed an emergency ban on outdoor marijuana cultivation, just another example of local government policies infringing on the legal rights of California’s marijuana industry.

Not until city and county governments treat the marijuana industry as the legal, legitimate businesses that they are will we begin to move past small-minded bans and prohibitions that have no chance of success. This is another example of punishing the victim — just as the Los Angeles sheriff recently blamed collectives for being robbed. In this case, farmers are prohibited from harvesting a legal crop because they are at risk of being robbed? Where is law enforcement?
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October 1, 2010

Possession of less than an ounce of marijuana reduced to infraction status in California

By Cannabis Law Group

Possessing up to an ounce of marijuana in California has been reduced from a misdemeanor to an infraction and is now no more serious than getting a speeding ticket, the Associated Press reported.

Our Los Angeles marijuana defense attorneys recently reported on our Marijuana Lawyer Blog that the legislature passed the law, which reduced possession of marijuana from a misdemeanor to an infraction. The maximum fine remains $100.

In signing the law, Gov. Arnold Schwarzenegger said he does not support decriminalization of marijuana but noted the new law will save the state courts millions of dollars in processing misdemeanor marijuana offenses.

“In this time of drastic budget cuts, prosecutors, defense attorneys, law enforcement and the courts cannot afford to expend limited resources prosecuting a crime that carries the same punishment as a traffic ticket,” the governor said in a statement.

The change in legal status comes as voters prepare to weigh in on Proposition 19 this November. That ballot initiative would legalize possession of up to an ounce of marijuana by adults over 21.

California Department of Justice records show that authorities made more than 60,000 misdemeanor marijuana arrests in 2008.

“The governor made a good decision,” Los Angeles Marijuana Defense Attorney Damian Nassiri said on his Marijuana News Blog. “The last thing we need is to clog up our jails with people who use marijuana medicinally or recreationally.”

Nassiri noted the cost savings is a given because the state will not “have to spend money paying prosecutors and law enforcement to fight a senseless war on marijuana.”
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September 25, 2010

Schwarzenegger slams union over pensions, support for marijuana legalization issue

By Cannabis Law Group

While Proposition 19 has won over some heavy duty supporters, Gov. Arnold Schwarzenegger will not be among them after striking out against California’s marijuana legalization initiative, the New York Times reported.

Our Los Angeles medical marijuana defense attorneys have reported on our Marijuana Lawyers Blog a number of high-profile supporters, including former police chiefs, prosecutors and judges and the California NAACP.

But in an opinion article in the Los Angeles Times, the Governor said the legalization issue would make California a laughingstock, cause legal nightmares and risk public safety. He also criticized the Service Employees International Union, which has also supported the measure.

The state’s biggest union, and its 700,000 members, say support for the measure, and its resultant tax income, could help avoid cuts to healthcare, home care, education and elderly programs.

The governor says the $1.4 billion in estimated tax revenue is only a small fraction of the state’s budget deficit. Instead, the governor said changes to pension plans, which the union opposes, would be a far better and more sustainable way to fix the state’s finances. Schwarzenegger said the $550 billion in unfunded retirement debt is costing the state $6.5 billion per year.

He said the notion that we must legalize drugs to fund health care and education is false. However, the governor signed into law a bill that decriminalizes possession of up to an ounce of marijuana. The new law lowers the crime from a misdemeanor to an infraction. The maximum penalty is a $100 fine.

The governor cited cost savings in the court system and law enforcement as a primary reason for supporting the measure. But when it comes to the legalization issue, it is readily apparent that support for Proposition 19 will not be coming from the governor’s mansion.
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September 15, 2010

Law enforcement officers, judges, prosecutors, come out in favor of California marijuana legalization effort

By Cannabis Law Group

A group of former police officers, prosecutors and judges became the latest group to support legalizing marijuana in California when they gave Proposition 19 the peace sign this week, according to the Associated Press.

Our Los Angeles marijuana dispensary attorneys continue to watch the progress of Proposition 19, though we remain concerned about its practical application in cities like Los Angeles, which has been unable to refrain from attacking its legal medical marijuana industry despite state law. We believe the incredibly poor administration of the city’s marijuana ordinance, which is forcing the closure of nearly 500 marijuana collectives, will ultimately be addressed in court. But it remains to be seen what city leaders will do should marijuana become legal. Their current and past track record certainly leave it far from certain that they will respect the law.

And, as we reported earlier this week on our Marijuana Lawyer Blog, the Drug Enforcement Administration is pushing the federal government to take action against the state’s marijuana industry should Proposition 19 pass into law. Our Los Angeles marijuana dispensary lawyers believe there is strength in numbers and encourage you to prepare for a long fight to protect your rights. We encourage business owners to call now to set up a consultation and join the fight.

The career law enforcement and criminal justice professionals said they were supporting the measure to take the power out of the hands of drug cartels and to reduce the burden on the state’s court system. Former LAPD Deputy Chief Stephen Downing said the nation’s drug policy has failed — comparing it to cutting off one leg of a spider.

California’s Proposition 19 is on the fall ballot and would permit adults to possess up to one ounce of marijuana. Local governments would be permitted to generate tax revenue by taxing its sale.

Not Los Angeles County Sheriff Lee Baca though — he has vowed to lead the fight against Proposition 19. As we reported at CANNABIS LAW GROUP, the sheriff is even blaming dispensaries for being crime victims.
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September 14, 2010

Regardless of whether marijuana legalization issue passes, legitimate Los Angeles marijuana businesses need aggressive legal help

By Cannabis Law Group

As CNN is reporting, California’s marijuana legalization initiative has made for some strange bedfellows; law enforcement officers in favor while some marijuana growers are opposed, just to name two examples.

As our Los Angeles medical marijuana defense lawyers frequently report, all one has to do to understand the motivation of the various players is to follow the money: Until the marijuana industry is legitimized, the criminal element will continue to reap the majority of the benefits, while law enforcement and local governments will be forced to foot the bill.

We have reported on our Marijuana Lawyer Blog regarding some of the issue’s high-profile supporters, including the California NAACP (disproportionate number of African-American arrests) and the United Food and Commercial Workers Union, which hopes to recruit new members.

Some grow operations, which produce the medical marijuana now legally sold in the state, fear they will be pushed out by large grow operations started by big tobacco and even some cities –Oakland is exploring the possibility of operating an industrial growing operation.

Meanwhile, federal officials are warily eying the possibility of passage.

“We have a federal Controlled Substances Act. Marijuana is on that list,” said Gil Kerlikowske, director of the Office of National Drug Control Policy.

Some are concerned that the feds, who have taken a hands-off approach to enforcing federal anti-marijuana laws when it comes to states that have passed medical marijuana initiatives — could become more heavy-handed if California straight-up legalizes the drug. Such a move would not only throw sand in the face of the federal government, it could provide a legitimate supply of marijuana within the United States, which in turn would fuel the illegal marijuana market in the other 49 states.

One thing is certain: whatever the outcome of the ballot initiative in November, the fight will be far from over. Los Angeles continues to try to outlaw the legal medical marijuana business and that ballot initiative has long-since become law. Legitimate marijuana businesses will need an aggressive and experienced law firm to protect their rights, whatever the outcome of November’s vote.
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September 13, 2010

DEA chiefs push feds to take action should California legalize marijuana

By Cannabis Law Group

The current and former chiefs of the Drug Enforcement Administration called upon the Obama Administration on Monday to block California’s marijuana legalization initiative if it passes in November, according to CNN.

Our Los Angeles marijuana criminal defense attorneys anticipated this move by the federal government some time ago, when we wrote on our Marijuana Lawyer Blog that legalizing marijuana in California could cause a number of challenges for the federal government.

While marijuana remains illegal under federal law, the Justice Department has not made a priority of pursuing cases in states that have passed medical marijuana laws. But Proposition 19, which would legalize recreational marijuana in California, could force the federal government to take a tougher stand for a number of reasons — not the least of which is that creating a legitimate source of marijuana production within the United States could fuel the illegal marijuana trade in the remaining 49 states and Canada.

Supporters of California’s legalization measure claim it will increase tax revenues, take the earning power out of the hands of the criminal element and reduce the cost of enforcement. Former DEA Chief Peter Bensinger disputed those assertions on Monday.

“Anybody that sells marijuana and then pays tax is going to declare themselves a violator of federal law” and subject to prosecution, he said.

We think that is a real weak argument as far as it goes — unless the government plans to hire several hundred thousand pencil pushers to chase down taxpayers for pouring millions of dollars into government coffers. But it does highlight how at odds the measure would put California with the rest of the nation.

Bensinger joined eight other former chiefs of the DEA in writing a letter to U.S. Attorney General Eric Holder, urging him to take action against the law should it pass in November. The action, which would come under the federal “supremacy clause” would be similar to the lawsuit the federal government recently filed against Arizona over that state’s controversial immigration measure.

“All of us are very gravely concerned with Proposition 19,” Bensinger said, “which if passed would legalize the distribution, sale and cultivation of marijuana in direct conflict with the Controlled Substances Act, federal law, and treaty obligations approved by the U.S. Congress.”

Late Monday the Justice Department released a statement saying it remained committed to taking enforcement action against significant traffickers of all drugs, including marijuana, but that “It is premature to speculate what steps we would take in the event that California passes its ballot measure.”
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