California Marijuana

March 23, 2012

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

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 12, 2012

California Medical Marijuana Patient Denied Liver Transplant

By Cannabis Law Group

A cancer patient undergoing treatment at a Los Angeles hospital is being denied a liver transplant due to his use of medical marijuana in California.

Our California medical marijuana lawyers are outraged, as are a number of patient advocates and marijuana rights groups.

A number of news sources are reporting the following:

The cancer patient had been on the short-list for a liver transplant at Cedars-Sinai Hospital in L.A. But his pain was becoming unbearable. Medical sources say symptoms of liver cancer can include fatigue, fever, jaundice, joint and muscle aches, vomiting, nausea, pain and swelling in the abdomen and a decreased appetite.

His oncologist then prescribed medical marijuana, to help alleviate some of these symptoms. The man filled the prescription, as ordered by his doctor.

That, in turn, got him booted from the liver transplant list. The hospital sent the patient a letter, saying that his marijuana smoking had made him an ineligible transplant candidate.

Now, his cancer has returned. Without a new one, he will die.

“It’s only my life that I’m fighting for,” he said bitterly.

While the hospital declined media requests for interviews, a clinical social worker at the transplant program at the University of California in Los Angeles said that marijuana use of any kind is considered substance abuse. The legality of it, she said, is not at issue.

The social worker’s statement is a head-scratcher. First of all, legality shouldn’t be an issue at all because marijuana was legalized for medicinal purposes by California voters in 1996. Secondly, it is true that prescription drugs can be abused, as we’ve seen as an epidemic problem with certain painkillers such as Oxycodone or anti-depressants, such as Xanax. Use, however, is very different than abuse. And if the use of a drug is prescribed and overseen by a physician – a specialist, nonetheless – how is that abuse?

Clearly, these institutions are deciding who gets to live based on some perceived morality, because while we debate semantics, real people are dying.

What makes this even more infuriating is that within the medical community, the benefits of medical marijuana have long been known. In fact, an archive story from The New York Times that was published in 1999 reported that the active ingredient in marijuana was found to be beneficial for use in treating nausea, pain and severe weight loss. Do those symptoms sound familiar?

Further, the Times reported that while there was concern that allowing sick patients to use the drug would soon mean use would spread to those who only wanted to use the drug for recreation. But no evidence of that could be found (nor has it been found since the drug was legalized). What’s more, the study found that marijuana is not a gateway drug that would entice patients to seek out harder drugs like heroin or cocaine.

This was all according to a study by 11 independent experts at the Institute of Medicine, an arm of the National Academy of Science. This was 13 years ago. Why is it taking so long for some in the medical and legal community to catch up on this issue?

March 7, 2012

Bans on Medical Marijuana in Los Angeles in the Future?

By Cannabis Law Group

Supreme courts should stop allowing all dispensaries to operate, says Long Beach City Attorney Bob Shannon. He says that they should stop operating until an appeal to the Supreme Court is decided. He’s talking about the appeal to provide more guidelines to cities regarding the governing of medical marijuana in Long Beach and elsewhere.

There’s a similar proposal in front of the Los Angeles City Council, too. Authorities are falsely claiming once again that these dispensaries are bringing crime into our communities and want them shut down until there are more regulations, according to Los Angeles Daily News.

For some reason there was confusion with the state appeals court ruling that said cities were able to ban their own medical marijuana outlets. State appeals say all areas should be governed with permits. Our Los Angeles medical marijuana attorneys previously told you about the permit processes that cities like Long Beach and Los Angeles already use to regulate the current industry.

Apparently, these regulations are too tough for Shannon to handle, as he’s asking everyone to be shut down in the meantime.

Long Beach City Council won that one though, allowing nearly 20 dispensaries (operating under permits) to continue operations for another six months. Still, with that small victory the Council also voted to place a ban on dispensaries that don’t have a permit. It all just seems like the City Council is wasting time until the state’s Supreme Court makes a decision. That decision may not come for another year. Then it would be determined if permitting these companies would be legal or not.

Officials estimate that it could be another year or so until the 35 or so dispensaries operating without a permit in Long Beach are shut down. And the LAPD has already worked to cut off operations at most all of the operations in San Fernando Valley that didn’t have a permit. Officers say that one dispensary was even recording thousands and thousands of dollars in profits, which is illegal under state law. State law says that dispensaries must operate as nonprofit organizations.

As we’ve been saying for years, regulation is good. It helps to form a bond within this industry. It helps us to fight for the rights that have been granted to us by the state of California. But a total ban is completely uncalled for and unjust.

What officials fail to realize is that patients won’t be prevented from getting their hands on the drug if these shops are shut down. They’ll be forced to be purchase it on the street, from real criminals, endangering our entire city, state, economy and safety.
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January 16, 2012

Los Angeles Proposes “Gentle Ban” on Medical Marijuana Dispensaries

By Cannabis Law Group

Los Angeles’ city attorney wants the council to create a “gentle ban” that would put medical marijuana dispensaries in Los Angeles out of business.

According to the Los Angeles Times, the city attorney and staff are asking council members to revoke the ordinance that is currently in place, which creates a lottery system to determine which dispensaries to allow into the city. The reason for the request is that a court ruling in Los Angeles recently found that Long Beach, which had a similar lottery system, violated federal law.

Our Los Angeles medical marijuana lawyers believe this is far from a “gentle ban,” but more of an outright abuse of power by these city officials. Voters clearly spoke in 1996 when they approved marijuana for legal, medical use in California.

Now, city leaders are abusing the power given to them under a 2003 law by trying to ban these legitimate businesses altogether. This is another form of discrimination.

In October, an appeals court in Los Angeles ruled that Long Beach’s lottery system violated federal law. The decision was made based on the grounds that the city was essentially sanctioning the distribution of an illegal drug.

Luckily, Long Beach is appealing to the state Supreme Court to find out what limits cities and counties will have to control dispensaries. City leaders say Los Angeles’ medical marijuana ordinance has been challenged more than 60 times through lawsuits, costing the city millions of dollars in legal fees.

The city attorney and staff told city leaders that it is just a matter of time before the city’s ordinance is struck down by courts, just like the Long Beach city ordinance was. Under the new proposal, patients or caregivers who grow their own marijuana wouldn’t face criminal prosecution as long as no money was being exchanged and there were no third parties involved.

Medical marijuana supporters say the move is simply one based on political motives, as city attorney Carmen Trutanich is planning a run for district attorney. Others attribute the move to “rogue” dispensaries that have popped up in recent years, giving a bad name to legitimate businesses.

Police officers gave testimony to city leaders recently, saying that crime is up in areas where there are medical marijuana dispensaries, brushing all businesses with the same broad stroke. It’s the same rhetoric police and anti-medical marijuana people have been using for years.

Many medical marijuana patients don’t have the time or means to grow their own drug, so what’s going to happen if there is a ban on dispensaries? They’re going to find illegal drug dealers to fill the void and that’s going to lead to more crime, more arrests and more problems.

Instead of creating a ban, maybe city leaders should work with a group of legitimate medical marijuana dispensaries in the city and come to an agreement on workable terms. That would be more productive than an outright ban.
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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 19, 2011

Medical Marijuana Dispensaries In Riverside County Require Legal Representation

By Cannabis Law Group

The hits just keep coming for hard-working medical marijuana dispensaries in California, especially those in Riverside County where authorities have announced they are going to try to shut them down, The Desert Sun is reporting.

Ever since California voters agreed to legalize marijuana some 15 years ago, it has been a constant struggle. In recent months, federal authorities have cracked down, forcing a political agenda on the many companies that have operated — legally — under California law. But that pressure has created problems on a local level. Many timid local officials have succumbed to federal pressure and begun going after these businesses, too.

Our California medical marijuana lawyers are well-versed in the controversy going on not only in Riverside County, but also in other communities throughout California. We are willing and able to represent these businesses who are hard-working and who are just trying to run their companies.

The Desert Sun reports that the Riverside County Board of Supervisors has given its attorneys permission to sue pot shops in the unincorporated county as well as property owners who allow them to operate. The only alternative, county officials say, is for the shops to close down.

The county passed ordinances banning medical marijuana dispensaries in 2006, the newspaper reports, though officials last year considered an ordinance last year that would allow for a regulated form of dispensaries. They later decided to uphold the ban and keep it in place.

County officials, though, estimate that about 50 medical marijuana dispensaries popped up last year in the county’s unincorporated areas in response to the demand of its residents who legally have cards to purchase marijuana for medical use. These residents typically have various forms of cancer or other ailments that require marijuana for medicinal purposes.

County attorneys told the newspaper in 2010 that the reason some dispensaries were operating was because of “vaguely written laws” by state lawmakers that have allowed them to operate.

A majority of voters made it pretty clear that they supported legalizing marijuana for medicinal purposes — that wasn’t vague at all. And even though state law allows for these small businesses to operate, they conflict with federal drug laws, which is why there is an ongoing conflict.

Federal authorities, in an effort to garner political favor apparently, have made it a point in the last year to say they would prosecute businesses and the people who rent to them. That is a powerful threat and has led to hundreds of dispensaries shutting down or not registering with the counties or cities where they are operating for fear of being shut down.

Our medical marijuana lawyers are prepared to take up the fight on behalf of these small business owners and the patients they serve. They serve an important function in our communities and must be well-represented in their fight against the government.
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December 3, 2011

Medical Marijuana in Los Angeles Not Cool Enough for Teen Recreational Use

By Cannabis Law Group

A common misconception is that medical marijuana in Los Angeles and elsewhere is used by undeserving individuals and leads to drug abuse. The truth is that medical marijuana is a much-needed treatment for roughly one million patients in the state. Despite what opponents of the drug say, the legalization of medical marijuana does not influence teenagers to smoke more of the drug. A couple of recent studies compared the use of marijuana among teens in both Massachusetts and Rhode Island after the Rhode Island legalized the drug, according to TIME. Medical marijuana was legalized in Rhode Island back in 2006. During this time, Massachusetts opted not to. These two states were compared because researchers saw that they had so many similarities, including population, geography, etc.

Our Riverside medical marijuana attorneys understand that the study collected data from 1997 to 2009 from the Centers for Disease Control (CDC) and the Youth Risk Behavior Survey. Nearly 15,000 young individuals from Rhode Island and nearly 30,000 in Massachusetts were surveyed. During each year, the study concluded that nearly 30 percent of youth admitted to using the drug at least once if the past 30 days. What that illustrates is that there was virtually no difference in the use of the drug in these individuals before and after the legalization of it.

Mitch Earleywine from State University of New York-Albany reached the same conclusion in the Marijuana Policy Project. He also discovered that between 1996 and 2004, the number of admitting users of pot among 9th graders actually declined by nearly 50 percent, which illustrated a little bigger decline than the national average.

These studies, said Earleywine, confirm his theory that the legalization of the drug does not increase drug use among state’s youth.

Yes, legalization increases access to the drug for some, but only a small portion of the population uses it for therapy. Typically, these users are people who teens would not be likely to mimic. Users are typically the older generations or those who are extremely ill.

Choo’s study findings were recently presented to the American Public Health Association’s at their yearly meeting held in Washington D.C. She says she’s going to look at these figures in even more states in the future.

Both studies are consistent with state, national and international data. Researchers have concluded that drug use among teens does not correlate with marijuana arrests or legalization.

Some researchers would even go as far as saying that the use of medical marijuana comes with an “uncool” connotation as teens associate the drug with “old” and “sick” people.

Regardless of who does or who doesn’t see the use of marijuana as cool, the truth of the matter is that medical marijuana is a vital treatment for many patients in the state. This is but another study that proves medical marijuana has no negative affect on the state’s population, more specifically the youth in California.
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November 27, 2011

West Hollywood Medical Marijuana Dispensary Robbed at Gunpoint

By Cannabis Law Group

A West Hollywood medical marijuana dispensary was recently robbed at gunpoint. The Los Angeles County Sheriff’s Department was able to locate and arrest three men in a nearby city who they believe robbed this shop, according to KTLA.

According to police reports, three men went to the Farmacy Medical Marijuana Dispensary, located on Santa Monica Boulevard, around 8:00 p.m. The men reportedly closed the front door behind as they entered the shop. One of the men used a gun to hold up six of the store’s employees while the two other men tied their hands up. After tying the employees up and forcing them to the ground, the manager was marched to the back of the store where the manager was ordered to open the safe. The robbers took the dispensary’s cash in addition to employees’ belongings and other store property.

Our Los Angeles medical marijuana attorneys understand that the Los Angeles Sheriff’s Department and other local law enforcement agencies oftentimes blame dispensaries for being robbery victims. The funny thing is that victims aren’t blamed in many other crimes. You don’t see law enforcement officers pointing the finger at convenience store clerks for store robberies, and medical marijuana robberies should be no different. These employees deserve the same protection and should have the same thorough investigations as any other company in the event of a crime. The industry is legal under California state law and these shops should be treated equally and fairly.

The three robbers allegedly stole medical marijuana, money and the employees’ cell phones. The three men left the shop and fled the scene after obtaining the property. No injuries were reported.

After a short investigation, the Los Angeles County Sheriff’s deputies determined that the three men were on their way to the Lancaster area. Sheriff’s at the station in Lancaster later found the men at a home in the city. Information regarding the location of that home has not been released.

The three men have been arrested on suspicion of kidnapping and robbery. One of the men is being held without bail as he was also arrested for violating parole. The other two are being held on $100,000 bail.

After obtaining a search warrant for that Lancaster home, officers located some of the employees’ property inside that house. The weapons used in the robbery were also reportedly discovered on location.

Medical marijuana shops are oftentimes blamed for attracting bad business and crime. This isn’t true. Recent studies have proven that the locations of pot shops do not alter the amount of crime in an area. These shops deserve to be protected and treated as any other business in the city. Medical marijuana was legalized by voters back in 1996 under Proposition 215 and shops have every right to operate in the state, meaning the same business practices and protection should be offered just as any other company would receive.
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November 25, 2011

Transplant Patient Kicked off Waiting List for Using Medical Marijuana in California

By Cannabis Law Group

A California man has been fighting cancer for the last two years and is in need of a new liver. He’s been on the Cedars-Sinai Medical Center’s transplant list for about a year and was recently removed because he didn’t show up for a drug test. He’s a user of medical marijuana in California. Because of this particular medicinal treatment, his name has been removed from the transplant list.

Doctors said that if he wants to get his name back in the list, then he has to stop using the drug for at least six months and has to undergo counseling. In the meantime, he’s still undergoing radiation and chemotherapy for the cancer. The cancer returned after being in remission, according to the Los Angeles Times. He asked the hospital to reconsider adding his name back to the list.

Our Los Angeles medical marijuana attorneys understand that medical marijuana users endure frustrating stereotypes and discrimination for turning to this medicinal treatment to treat a plethora of conditions, but this is by far one of the worst repercussions. These patients turn to this treatment because others have been proven ineffective to treat their specific condition. These patients have the same rights as any other and should not be discriminated against over their doctor-prescribed treatment.

“It’s frustrating,” said Norman Smith, the cancer patient. “I have inoperable cancer. If I don’t get a transplant, the candle’s lit and it’s a short fuse.”

A lawsuit against the Cedars-Sinai Medical Center is pending.

Currently, there is no policy in writing regarding medical marijuana users and transplants. According to the United Network for Organ Sharing. Centers that administer transplants make their own decisions on which patients are the best candidates for receiving organs.

Currently, there are nearly 20,000 people who are signed up and waiting for a new liver. The typical wait for this organ is just about a year.

Dr. Goran Klintmalm with the Baylor Regional Transplant Institute says that doctors are required to prioritize which patients need the transplants first. He goes on to ask if it’s right to offer a transplant to a patient who has a history of medical marijuana use. He says that you can argue all day if it was social or medical use, but the bottom line is that it was use of some sort.

Doctors say they’re concerned with the post-treatment medications and their side effects combined with medical marijuana use.

Dr. Jeffrey Crippin, who was the former president of the American Society of Transplantation, says that if patients are stoned, high or drunk that they may forget to take their medicine. Medical professionals try to claim that they’re not passing judgment on those who are users of medical marijuana, but say they’re looking out for the safety and health of the patients.

Smith says he’s going to continue on in this fight against the system and fight to be put back on the list for a new liver, if not for him then for the next guy. All patients deserve the same treatment, regardless of if they’ve turned to medical marijuana or not.
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November 19, 2011

Presidential Candidate Offers Support for Medical Marijuana in Los Angeles and Elsewhere

By Cannabis Law Group

According to GOP presidential hopeful Herman Cain, the medical marijuana industry should be regulated by each individual state, reports the SF Gate. Medical marijuana in Los Angeles abides by its own governing laws, which differ from many other city and county regulations statewide. The difference in these local laws and the conflicting federal laws is putting many dispensaries in legal limbo.

“If states want to legalize medical marijuana, I think that’s a state’s right,” said Cain.

Our medical marijuana attorneys in Orange County understand how beneficial government support is for the pot industry. Right now, Texas Rep. Ron Paul, former New Mexico Gov. Gary Johnson and Cain are among some of the most popular political supporters of the industry. Right now, 16 states and Washington, D.C., have legalized medical marijuana. According to a recent Pew Research study, more than 60 percent of Republicans support medical marijuana legalization. This is up from less than 40 percent in 2006. A Washington Post/ABC News survey concluded that more than 80 percent of residents support medical marijuana. With all this support, the federal government is still pushing on with its nationwide crackdown.

While all of this support may raise the spirits of advocates across the country, many have reverted back to the fact that former President George Bush and Obama once claimed the same perspectives, yet converted their beliefs against the industry and tried to send it packing.

Many political experts believe that Cain may gain the support of medical marijuana advocates around the country after the Justice Department’s crackdown on marijuana dispensaries.

Cain has made some questionable claims including a proposal to electrify the border fence and taxing the working/middle class at a much greater rate, but he appears to be sympathetic with the marijuana nation.

Cain’s opinion on the marijuana industry was voiced most recently at his campaign stop in Iowa, according to HuffPost.

Republican presidential candidate Gary Johnson already came forward and expressed his support for the legalization of marijuana. He says it’s only a matter of time before it’s legal everywhere.

“The fact that mainstream presidential candidates…are saying that their administrations would respect states’ rights to implement medical marijuana laws shows just how far this debate has come,” said Tom Angell of the Law Enforcement Against Prohibition.

While these candidates may only be seizing the opportunity to feed off of advocates’ frustration with Obama’s empty promises, it’s important for voters to see past the political jargon and to choose a presidential candidate who can maintain a hands-off approach toward marijuana shops that abide by state law.

As shops and advocates continue to sue the federal government, claiming the Department of Justice overstepped its constitutional authority, shop owners, patients and doctors are urged to seek legal representation to ensure that your rights are preserved in this battle.
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