Articles Posted in Federal Enforcement/ California Marijuana

Despite growing public support for medical marijuana in California, federal officials are calling for more regulation. According to a recent news article from the LA Times, U.S. Deputy Attorney General James M. Cole stated during an interview that California should strengthen its regulation of the burgeoning cannabis industry.

Cole is leaving the Department of Justice along with his employer, the Attorney General, but says that he takes pride in his efforts to take a softer approach to how the federal government has enforced marijuana laws during his tenure.

Last year, Cole issue memo to all federal prosecutor’s offices that had aggressively targeted the medicinal marijuana industry, requesting that they show restraint in states such as a California that have legalized medical marijuana.
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In the ever-changing climate of marijuana legalization and medical marijuana legislation, it is sometimes hard to predict what police will do in any given situation. According to a recent news article from 760 AM KFMB News in San Diego, three defendants were arrested in a marijuana grow bust operation.

Authorities have stated that police executed a search warrant and seized hundreds of marijuana plants, several rifles classified as high-powered, handguns, thousands of dollars in cash, and some quantity of opium. At the scene, police allegedly found indoor grow lights, an irrigation system, and an emergency generator to be used in the event of a power outage.

It has also been alleged that one of the defendants, who is though be the leader of the group, used a screen printing business as a front for the marijuana growing operation. Two of the defendants were on scene at the time of arrest, apparently caring for the plants.
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The conflict among state lawmakers, legal growers, and the federal government continues as the U.S. Department of the Interior has declared that legal marijuana growers cannot use federal water systems for their crops. The agency asserts that it must be in accordance with federal law when managing federal water resources. Contracts administered under the agency will be compliant with the Controlled Substances Act of 1970, including those states where marijuana growing has been decriminalized.

Representatives of the agency went on to say that any inconsistent uses of federal resources will be investigated and potentially prosecuted by the Department of Justice. Our Los Angeles marijuana defense lawyers are dedicated to advocating for the rights and interests of legal marijuana businesses throughout the state. In addition to advocate for individual and entity rights involving the possession and use of marijuana, we are also abreast of legal issues that may impact growers in the state of California.
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The federal government has indited 37 people as part of an alleged marijuana grow operation that spanned multiple counties. The government accuses defendants of using the medical marijuana laws in the state of Michigan as a cover for harvesting $3 million of marijuana. According to Michigan Live, the grow was a family operation, with husbands, wives, a father and son arrested.

The growing operation was called Medical Marijuana Team, or MMT, and growers took pride in the high-grade marijuana that they produced. The federal government suspects direct sales of marijuana to customers and recruiting individuals to become patients. The government’s actions are part of a string of operations targeting medical marijuana growers and distributors, with federal authorities also shutting down some Denver-area medical marijuana facilities according to the Denver Post.
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There is already plenty of discussion about marijuana legalization in the United States but there has been a lack of discussion regarding how legalization should be approached.

Our marijuana lawyers in Los Angeles have seen marijuana advocates fighting for legalization for many years and know that its still and uphill battle.

A recent article from a professor of public policy at UCLA argues that Colorado and Washington may be pursing the most obvious legalization method (and many states are sure to follow) but that this method is creating a monster.
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The medical necessity defense could be a way forward for those facing marijuana charges. This post is not intended to replace individualized legal advice but to educate generally.

Our Los Angeles marijuana lawyers know that there can be many different options and avenues for defending against marijuana charges. The medical necessity defense may be an option depending on the jurisdiction and specific facts of the case.

While states throughout America enact laws which allow the use of marijuana for seriously ill individuals, a majority of states have not enacted such statutes and all marijuana use is still illegal under federal law.
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The current policy of the Transportation Security Administration is to abstain from searching for marijuana. The final decision as to whether to allow items on a plane still rests with the Transportation Security Administration.

The marijuana lawyers of Colorado are committed to informing members of the public about various policies surrounding medicinal marijuana.

The announced policy on the Transportation Security Administration’s website is somewhat ambiguous. However, according to a report there have been instances of TSA leniency when it comes to passengers boarding planes with medicinal marijuana.
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Our Los Angeles medical marijuana lawyers have written a great deal about the trials dispensary owners and operators have faced in the showdown with the federal government, which seeks to prosecute these individuals as criminals.

However, a verdict out of Montana has ominous implications for similar cases in California, underscoring the need for medical marijuana clinics and patients to secure experienced legal representation when sought by federal authorities.

Back in 2004, Montana voters approved a measure that legalized marijuana for medicinal purposes for people with debilitating medical conditions.

However, for the last two years, much like in California, federal authorities with the U.S. Department of Justice have been targeting dispensary owners under the U.S. Controlled Substances Act, which classifies marijuana as a Schedule I narcotic – the sale of which is accompanied by steep penalties.

In all, federal authorities arrested 34 people, including Chris Williams and former University of Montana quarterback Jason Washington. In all, the government raided the warehouses, offices and homes of 26 providers. Those involved with at least 12 of those providers were indicted.

So far, the vast majority of those arrested struck plea deals in an effort to avoid a lengthy prison sentence. Their sentences have ranged anywhere from probation to five years in prison. Others are still awaiting sentencing, and a few are seeking to change their plea.

Three of those, including Williams and Washington, opted to take their cases to a jury.

However, prior to Williams’ case being heard, three federal judges separately ruled that because federal law trumps state law, these individuals could not use the defense that they were simply following state law.

As one Montana defense attorney put it, the fact that these people were acting according to state law and not hiding anything, they were essentially sitting ducks for the federal prosecutors.

Now, Williams has been convicted. He plans to appeal, but it remains unclear whether Washington and the other defendant will press for plea deals in light of this, or whether they will try to press forward with their right to a jury trial.

The accusations are serious: conspiracy, drug trafficking and weapons charges.

This crackdown has unfortunately brought Montana’s burgeoning medical marijuana industry to a screeching halt.

Williams was convicted on eight charges, including conspiracy to manufacture, possess and distribute marijuana, as well as firearm charges. He previously operated the Montana Cannabis’ Helena greenhouse. Back in March 2011, federal investigators seized nearly 1,000 plants.

The hope is that on appeal, a higher court will determine that the lower courts were flawed in their decision not to allow dispensary operators to argue their clear adherence to state law.

No one should be punished for simply doing their job, especially when functions as a critical service to chronically and acutely ill patients.

Right now, voters in Montana have another choice before them. There is an initiative to finalize the enhanced restrictions on Montana’s medical marijuana sale that were passed last year. If voters reject them, the state will revert back to the more relaxed guidelines that were part of the 2004 law, which was repealed in favor of the new measure. As of right now, patients or a designated provider is allowed to grow patients, but providers are limited to providing for just three patients at a time. The law also prohibits providers from accepting anything of value in exchange for their goods or services. It also established a very specific set of standards that must be met in order for a patient to qualify to receive medical marijuana.

But again, this measure is not only economically harmful, it takes the decision of treatment out of the hands of doctors and patients and puts them in the hands of legislators who can not possibly predict every scenario.

If federal judges in California take these rulings as a precedent, it appears we are in for a fight.
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Before the federal government began flexing its muscle and coming down hard on lawful medical marijuana dispensaries in California, we were in a recession.

You probably noticed.

What you may not realize is that the crackdown on the medical marijuana industry has had severe economic consequences that have reverberated throughout our cities, our state and even our country.

Los Angeles marijuana lawyers know that this significant toll involves thousands of jobs lost and a great deal of tax revenue up in smoke.

You may recall that officials with the U.S. Justice Department announced their crackdown of medical marijuana dispensaries operating within a certain distance of schools. This was almost a year ago now, and of course, federal prosecutors did not keep their scope limited to those operations breaking state laws.

Not only has the economy taken a direct hit, but you also have a loss of productivity from patients who require the drug to function. It’s either now unavailable or much more difficult to obtain.

The National Organization for the Reform of Marijuana Laws (NORML), indicates that the average medical marijuana dispensary employed anywhere from six to 10 people. Gross revenues at these operations ranged from about $500,000 to $1 million annually. Shutting down just a handful of these means the loss of tens of millions of dollars in tax revenues and legal jobs.

A recent study by the Americans for Safe Access, which promotes legalization, indicated that sales of medicinal marijuana have the ability to generate more than $100 million in tax revenue for California. That’s each year.

Let’s consider some other facts:

• California as a state is running a $16 billion deficit.
• Gov. Jerry Brown has said that if voters don’t approve significant increases in taxes, schools and public safety services will suffer severe cuts.
• Three California cities have filed for bankruptcy in the last few months, including: Stockton, Mammoth Lakes and San Bernadino.

This is not the time to be implementing further cuts to revenue!

And yet, the federal government pressed forward with its “war on weed.” Rather than simply targeting those locations that were breaking state law, they went on to seemingly make up reasons why certain shops couldn’t operate.

For example, Oakland’s Harborside Health Center, which was hailed as the country’s biggest pot shop, was targeted because, “It was too big.” What other business are you aware of that is forced to close simply because it is successful? This was an operation that by itself raked in $20 million annually and employed more than 100 workers. Plus, Oakland had a five percent tax on marijuana sales, which meant more than $1 million in annual revenue for the city. That’s money that covers police, firefighters, teachers and more.

Now, you have the U.S. Attorney’s office requesting information on every single dispensary operating in San Francisco. This is despite the fact that half of those shops have already closed in the last year anyway.

Meanwhile, you have President Barack Obama on the campaign trail, claiming neither he nor his administration is out to shut down dispensaries that are operating according to the legal letter of state law.

However, the disconnect is clear and the economic impact is staggering.
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