Articles Posted in California Marijuana

It’s about that time for another round of the costly, drawn-out legal brawl over how to control medical marijuana dispensaries in Los Angeles. Two new lawsuits are stepping up to join the fight and continue to challenge the city’s latest ordinance.

Both filed in the Los Angeles County Superior Court in attempt to hinder the city’s ill-conceived attempts to establish a lottery to decide the winners and losers of its disastrous ordinance. The new lawsuits may launch another series of judicial hearings and thwart the city’s bid to enforce its ordinance, according to the Los Angeles Times.
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The Los Angeles medical marijuana lawyers at the Cannabis Law Group represent some of the 64 dispensaries that have filed lawsuits against the city. The ordinance is aimed at closing about 450 legal businesses. The group offers reasonable legal fees and urges marijuana dispensaries to join the fight by calling today for a legal consultation.

In the middle of April, some of the oldest medical marijuana collectives in Los Angeles sued the city as they tried to overturn the ordinance. The ordinance chooses the dispensaries to be entered into a lottery, a process the lawsuits mock as “a euphemism for a municipal game of ‘Russian Roulette.'”

More than 20 dispensaries that are currently suing the city are among those that the City Council let operate when, in 2007, it adopted a moratorium on new stores. The city’s first ordinance would have allowed them to stay open if they complied with restrictions on locations. A judge ruled that key aspects of the law were unacceptable. In addition, the City Council passed a second ordinance that relied on a random drawing to select 100 dispensaries that will be allowed to stay open.

Our Los Angeles marijuana defense attorneys do not believe that any city has the right to create laws against legal businesses in direct violation of the laws of California, including the Medical Marijuana Act and the Compassionate Use Act. We also do not believe that it is fair to only target marijuana dispensaries that opened their doors after November of 2007. The city’s law is grossly unfair to one set of businesses, while favoring similar businesses with reduced competition and the legal means to remain open.

Our lawyers at the Cannabis Law Group remain dedicated to protecting the rights of legally operating medical marijuana growers, distributors and their patients against the overreaching actions of cities throughout the Los Angeles area. No city should be allowed to enact restrictions, ordinances or other hindrances to business operating legally under California law.

Even after following all previous ordinances in good faith, dispensaries are being forced to place all their luck in a lottery in hopes of being chosen to remain open. After being pushed around for so long, companies are now fighting back against the city as more and more lawsuits pile up.
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As CNN Money reported, the medical marijuana millionaires are conspicuously absent from the economic landscape of the 21st century. Despite it being a multi-billion industry, abuses by state regulators and local politicians can cripple or kill a dispensary. And, as we reported on our Marijuana Lawyer Blog, the IRS can create tax and accounting nightmares for legitimate businesses operating under state medical marijuana laws.

Our Los Angeles medical marijuana attorneys believe there is something more sinister at work than the commonplace ineptness of politicians. We believe the greed factor will continue to ensure dispensaries and collectives are hounded by local, state and federal officials. Those who have sought legal help have enjoyed some recent court victories. Many businesses that have tried to go it alone have been forced to close or have been run out of business by red tape and regulations.
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A decade after medical marijuana became essentially legal under Colorado law, legislatures enacted tough new laws that made owning a Medical Marijuana Center no more profitable than running a corner liquor store. In California, the effort remains primarily among local politicians, who are spending millions of tax dollars in ill-advised, shoot-from-the-hip attempts to regulate, tax, and force legitimate businesses to close.

If you want to see what could be in store, look at Colorado, where lawmakers have passed detailed surveillance requirements and inventory tracking systems and are considering a ban on edible marijuana products, like brownies. Typically, these bills are “sponsored” by an amateur politician who is seeking the limelight. In most cases, he or she knows next to nothing about the issues.

Colorado is the only state with a for-profit medical marijuana system. License fees can cost $18,000 and the rules require the shops to grow at least 70 percent of their own marijuana — leaving their survival susceptible to crop failure.
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The San Francisco Weekly reports President Obama recently addressed the issue of marijuana legalization.

Sort of.
 

 
As our Los Angeles medical marijuana defense attorneys reported on our Marijuana Lawyer Blog last year, the Drug Enforcement Administration was in favor of a crackdown had California’s marijuana legalization effort become law. However, the Obama Administration’s Justice Department has not targeted medical marijuana for enforcement action in states where it is legal under state law.

“I think it’s an entirely legitimate topic for debate,” said Obama of whether all drugs should be legalized. “I am not in favor of legalization. But I am a strong believer that we have to think more about drugs as a public health problem.”

It’s worth noting that questions were selected via a national online poll following the State of the Union Address. For the third straight year, the War on Drugs made the cut.

The question was submitted by MacKenzie Allen, a retired L.A. sheriff’s deputy, who called the fact that Obama even answered the question a huge step forward.

“I was pleasantly surprised [that Obama took the question],” Allen told SF Weekly. “But I think the president gave short shrift to the enforcement issue. We are never going to legislate away people wanting to intoxicate themselves, regardless of substance. It’s not realistic on his or any other politician’s part to think that we can throw more money and manpower away and that drug dealers and cartels are going to go away.”

The federal government still classifies marijuana as a Schedule 1 drug, meaning it has high potential for abuse and no medical value. Medical marijuana has been legal in California since 1996.
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You can rest a little easier this week after our fearless sheriff reported seizing cereal and candy bars laced with marijuana, the Los Angeles Times reported.

As our Los Angeles marijuana dispensary lawyers reported recently on our Marijuana Lawyer Blog, the Los Angeles County Sheriff blamed the dispensaries for being crime victims after a spate of robberies that left several employees dead. To illustrate the disconnect, we have never heard, nor do we know anyone who has ever heard, a law enforcement officer blame an all-night convenience store for a robbery. Even though such stores are probably the most often-hit targets in Southern California.
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In this raid, the Los Angeles County Sheriff’s Department arrested 11 people and seized drugs and cash.

The crackdown included dispensaries in Los Angeles, Orange, Riverside and San Diego counties and was assisted by the U.S. Drug Enforcement Agency and state tax authorities.

According to the official statement, police found pot-laced crisped rice treats, orange drinks and “cannabis-laced cereal similar to Froot Loops or Apple Jacks.”

No word on whether the dispensaries were operating legally under the state’s medical marijuana law. But, as law enforcement and local politicians continue to act in violation of state law, the CANNABIS LAW GROUP encourages dispensaries and collectives to seek quality legal representation to protect their rights. We believe there is strength in numbers and are currently representing more than a dozen collectives in the Los Angeles area that have been subjected to harassment by local law enforcement or local ordinances.
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OOPS!

Comic Ralphie May was detained on a flight from Los Angeles to Guam after petting a pair of drug dogs at a custom’s checkpoint while carrying medical marijuana in his bag, AHN reported.

Okay, it’s funny. And the incident was made laughable by the mild mannered Guam authorities, who permitted May to pay a small fine and continue on to several scheduled performances on the island. But it’s also a reminder that marijuana — medicinal or not — is illegal in much of the rest of the world. Our Los Angeles medical marijuana defense lawyers are often called upon to represent clients who ran afoul of the law, either because they operated outside the bounds of California’s medical marijuana law, or because they ran afoul of federal laws or the laws in another state.

May, who shot to fame as the runner-up on the first season of “Last Comic Standing” in 2003, has a medical marijuana card. He told TMZ that he didn’t realize he had pot in his bag went he went up to pet the drug-sniffing dogs at the custom’s checkpoint. The dog sat down, an indication to the handlers that marijuana is present. Pretty soon, another dog came up and sat beside May.

“I petted that dog, too,” May is quoted as saying. “I was thinking these dogs love me, they can tell I’m a dog person.”

The customs agents let him go on to perform a serious of shows on the island after paying a small fine. They told him they knew he was not trying to smuggle drugs into Guam because nobody would be stupid enough to walk up to the dogs and start petting them.
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The fight over Long Beach’s marijuana law is heating up as collectives and patients have lined up to sue the city, according to the Contra Costa Times.

Our Long Beach marijuana dispensary lawyers and Los Angeles marijuana collective attorneys are representing more than a dozen legal marijuana businesses in Los Angeles and the surrounding area. The CANNABIS LAW GROUP believes there is strength in numbers and offers confidential appointments to businesses and patients who have been harmed by restrictive marijuana ordinances enacted by city or county officials.

In the last six weeks, five marijuana collectives and two disabled marijuana patients have sued the city over its medical marijuana law, which attempts to restrict the number and location of collectives.

The collectives are asking a Los Angeles Superior Court judge to declare the restrictive city ordinance unconstitutional and to bar it from shutting down collectives. Two of the collectives are also requesting the return of nearly $15,000 in non-refundable application fees required as part of the city’s permitting process.

A city attorney acknowledged that the court has rejected requests by collectives that they be permitted to continue to operate until the court cases are resolved, which the city believes is an optimistic sign that it will ultimately prevail.

However, we recently reported that a Los Angeles judge issued a restraining order preventing the City of Los Angeles from taking legal action against landlords that rent to collectives while litigation challenging the Los Angeles ordinance is ongoing.
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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.
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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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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.
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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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The California General Assembly voted 43-33 along party lines to decriminalize marijuana possession on Tuesday.

Our Los Angeles marijuana defense attorneys applaud the move; we just hope local municipalities have the good sense to not spend their time throwing up additional laws, ordinances and other needless roadblocks.
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Current California law provided for a fine of up to $100 for possession of less than an ounce of marijuana but violation of the law still constituted commission of a misdemeanor offense. Such classification led to mandatory court appearances and a criminal record. It was the only misdemeanor under California law that had a set maximum fine and not jail time.

The legal change now classifies a violation as an infraction — similar to a traffic ticket. Not as a misdemeanor offense. The maximum fine remains $100.

The San Francisco Democrat reported that the misdemeanor offenses were clogging the court system. Marijuana possession offenses numbered 61,388 in 2008,
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