Los Angeles Marijuana Dispensaries

February 9, 2012

California Medical Marijuana Supporters Aim For Ballot Initiative

Frustrated by continued attacks on California’s medical marijuana industry, supporters will now try to get voters to approve a ballot initiative that aims to keep the federal government from continued interference.

Los Angeles medical marijuana dispensaries are important businesses in the community because providing this drug is important to patients suffering from these debilitating medical ailments.

Pharmacies do the same, yet they are under much less scrutiny and regulation than medical marijuana businesses. History has shown us that doctors and pharmacists have been known to abuse the laws and over-prescribe powerful narcotic pills. Yet it’s medical marijuana businesses that are being raided and forced to close. Los Angeles medical marijuana lawyers may be required in these situations to ensure that patients and businesses are treated right.

According to The Sacramento Bee, medical marijuana industry officials are hoping the November ballot initiative will keep federal regulators and prosecutors from continuously sticking their noses into California’s business.

Growers, dispensaries and union leaders are rallying together to push for the initiative, which would regulate the state’s medical marijuana trade, which is valued at an estimated $1.5 billion. They are hoping to raise the $2 million needed to get the measure on this year’s ballot. The voter drive could start soon.

The industry is mostly governed by local politicians. Often municipal governments have different rules that can conflict with state law. The initiative would largely allow state lawmakers to regulate the industry instead of having fragmented rules from county to county and city to city. A Department of Consumer Affairs enforcement bureau would be created and would include a majority of people from the medical marijuana community. The board would determine who gets licenses, set standards for the industry and also oversee enforcement.

Since October, the number of medical marijuana dispensaries statewide has dropped by 25 percent from 1,200 to 900. This is due to police raids, a federal crackdown by government prosecutors and reaction from court cases that said some city and county rules for regulating medical marijuana dispensaries were unconstitutional.

Local union leaders believe that the initiative, if passed, would help save many jobs in the medical marijuana industry. Medical marijuana industry officials also largely support the change.

Federal regulators have sent threatening letters, forced legitimate businesses out of their spaces and otherwise harassed people who are just trying to get by.

The initiative would tax businesses 2.5 percent to fund the new regulations. Counties and cities would be forced to allow one dispensary for every 50,000 residents and prevent banning dispensaries without voter approval. Users, advocates, policy specialists, researchers, union members and people with experience in the industry would be on the board.

The supporters of the initiative are also encouraging lawmakers to create policies and legislation that solves problems and doesn’t create new ones. Industry officials are hoping that the initiative, ultimately, will keep federal regulators from butting in. But the other hope is that illegitimate businesses might not be able to operate, thus keeping out bad apples.
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February 7, 2012

LAPD Shuts Down Medical Marijuana Dispensary, Files Charges

By Cannabis Law Group

Local police recently arrested three people and also shut down a medical marijuana dispensary in Chatsworth, which stood in an area that once held many medical marijuana shops, the Los Angeles Times reports.

Our Los Angeles medical marijuana lawyers are always skeptical of an arrest involving medical marijuana shops because law enforcement agencies often try to harass these business owners, who are operating within the law.

Medical marijuana in Los Angeles has long been a controversial topic, mainly because state laws conflict with federal laws. Because of that, patients and business owners have had to deal with the fallout.

In recent months, federal prosecutors have sent threatening letters not only to business owners, but also their landlords and politicians, aiming to shut down as many businesses as possible, even though it is legal in California and has been since 1996, when voters approved marijuana to be sold for medical purposes.

In the wake of several recent court rulings, cities and counties throughout the state have begun shutting down their permitting processes for new businesses and causing problems for long-established medical marijuana dispensaries and grow operations. Law enforcement has been skeptical of these businesses because they view them as a front for illegal production and distribution of the drug.

While patients can get permits to grow and use the drug on their own, many are physically unable to do so or don’t wish to deal with the upkeep and work. Many medical marijuana patients in California are old and using the drug as a substitute for other prescription drugs, which are often more expensive, but have the same general effects.

Because of the political nature of marijuana and its long history in the U.S., states that have legalized the drug have come under much more scrutiny than places like Florida, where prescription drug “pill mills” have allowed people to get hooked on prescription drugs through prescriptions from doctors with low standards. Pain clinics have sent out prescriptions by the pad, and some doctors have been indicted on criminal charges for exchanging drugs for sex.

Yet in California and other western states, the government seems to want to come down hard on these businesses, even though there is less information to suggest that abuses are going on. Marijuana is considered more difficult to get addicted to than many prescription drugs used to fight pain.

In this case, the newspaper reports, three people were arrested on suspicion of possessing marijuana for sale. About 50 pounds of marijuana, 156 plants and more than $6,000 in cash were seized. The Devonshire Division used to have more than 60 medical marijuana stores as late as 2008, but the Herbal Medicine Care was the last one in that area, the newspaper states.

Police investigations have led to dozens of arrests and the seizure of drugs and guns. The investigation reports that money laundering, tax evasion, drug crimes and witness intimidation have been documented by shops in the area.

Legitimate medical marijuana businesses believe that these shops give legitimate businesses a bad name. The same goes for the Florida “pill mills.” There are good doctors and bad doctors as well as good dispensaries and bad ones. Unfortunately, authorities are painting with a broad brush, putting everyone under scrutiny.
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January 30, 2012

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

By Cannabis Law Group

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 30, 2012

San Luis Obispo Medical Marijuana Cases Dropped By D.A.

By Cannabis Law Group

The district attorney in San Luis Obispo recently dropped charges against a dozen people charged with providing medical marijuana, the New Times is reporting.

Our Los Angeles medical marijuana lawyers fight for the rights of anyone involved in the medical marijuana industry in California. Often, medical marijuana dispensaries in Los Angeles get shut down because of bad politics or uninformed people.

Sometimes, though, users — the reason these laws were put into place at the beginning — face harassment or violated rights by police and others. For some police officers, a person having a medical marijuana card still isn’t good enough. Despite clearly written laws that allow some people to possess, grow and use marijuana for medicinal purposes, law enforcement sometimes still try to make arrests.

While the laws are constantly changing based on court rulings and common sense decisions, there are some basic truths in California’s medical marijuana laws. And though some law enforcement officers disagree with them and believe the drug is illegal for everyone, those laws must be upheld just like every other law.

In San Luis Obispo, more than a year after charges were initially filed, 12 local medical marijuana providers were arrested and charged with violating drug laws, the charges have been dismissed.

At the time, the newspaper reports, the head of the now-defunct SLO County Narcotics Task Force said there was “concrete proof” there would be 12 full convictions for the charges. Recently, after more than a year of court hearings and motions, a prosecutor admitted that there is insufficient evidence against six of the nine remaining defendants.

Charges against six were dropped, while another co-defendant had a similar hearing. Charges ranged from possession of marijuana to child endangerment. But the state said it intends to appeal the cases to a different court to see if another judge will agree with their interpretation of medical marijuana laws.

The newspaper reports it could take years for the appeals court to make a decision on the matter and in that time frame, the defendants remain in limbo. For many, cash, medical marijuana, access to bank accounts, computers and other possessions are being held by police. While charges were dismissed, the prosecutors could re-file if they get a favorable ruling by the appeals court.

Their attorneys vow to file motions to return their property, but it could be difficult for them to get that ruling since the cases are still considered legally open. The defendants feel as though the prosecution is playing a game with them — trying to disrupt their lives rather than do justice.

The major delay in the case was based on argument over proposed jury instructions. Prosecutors trying to convince a judge not to include language of “medical marijuana” and “collectives” in the instructions a jury would hear. But the defense prevailed, which led to the state dropping the charges.
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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 26, 2012

Garden Grove Stops Orange County Medical Marijuana Dispensary Registration

By Cannabis Law Group

Another city in Orange County is sticking it to medical marijuana dispensaries, The Orange County Register reports.

It’s been like watching dominoes for our Orange County medical marijuana lawyers, who have seen city after city and county after county bow down to federal authorities and terrified city attorneys, who are trying to put an end to this legitimate industry.

Many local governments throughout California have done their best to disrupt the medical marijuana industry by shutting down medical marijuana dispensaries in Orange County and throughout the state. Some have cited federal pressure, which has been rampant throughout the year and others have pointed to court rulings.

Either way, patients who are desperate for medical marijuana in order to heal the pain of severe illnesses and small businesses that are simply trying to follow the law and run a business successfully are feeling the pinch.

Garden Grove is the latest city to fall victim to independent thinking, when city council members recently voted to suspend the registration of medical marijuana dispensaries, saying they aren’t a “marijuana-friendly city.” The city has banned medical marijuana dispensaries since 2008, but officials estimate that about 30 have opened up inside the city limits, despite the ban.

As a result, city council members voted last year to approve a registration process to better monitor medical marijuana dispensaries. The city received 60 applicants. But then the city abruptly decided to end that program, leaving those applicants up in the air.

The newspaper reports that the decision was made based on two recent legal developments — the California Supreme Court has decided to hear four medical marijuana cases after appellate courts made key rulings on the regulation of medical marijuana — as well as federal pressure from prosecutors who aim to criminally prosecute people under federal drug laws despite following California law.

According to the news article, city officials say they want to “partner” with federal agents to reach a “lawful and fair solution” to medical marijuana in the city. This sounds like language that means the city is ready to do whatever the feds tell them. That doesn’t necessarily bode well for those who are trying to provide legal medical marijuana in the city.

But Garden Grove isn’t alone in reviewing its city ordinances and local laws. A case out of Long Beach, where an appeals court ruled their lottery system for allowing or rejecting medical marijuana dispensaries was unlawful, is spurring many communities to change their rules or ban the practice altogether until there’s some clarity on the matter.

The California Supreme Court recently decided it would take up the issue of medical marijuana, looking at four separate case, including the Long Beach case, in deciding how best to regulate medical marijuana dispensaries within cities while not violating federal drug laws.

Our medical marijuana lawyers just hope that actions by these city leaders, as well as other leaders who are shutting down or not allowing new dispensaries will go by once court rulings clarify the situation in California. We believe that the will of the people is clear and that medical marijuana is here to stay in Orange County.
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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 22, 2012

Anaheim Extends Medical Marijuana Ban For Another Year

By Cannabis Law Group

It’s been a trying year for those involved in the medical marijuana industry in California. Federal pressure and threats of criminal prosecution have caused many businesses to shut down, while that same pressure has caused local leaders to buckle down on Orange County medical marijuana dispensaries and those statewide.

That has happened in Anaheim, where city leaders recently extended a year-long ban on medical marijuana dispensaries, The Orange County Register reports. Our Orange County medical marijuana lawyers are disappointed that local leaders have decided to ignore the will of the people, who clearly believe that this medicine is good for California. 299648_thats_lame_bad_andor_stupi

While the original vote in 1996 allowed medical marijuana cultivation, distribution and use, the 2003 law passed by lawmakers gave the industry some direction, including giving local governments more power.

That’s why Anaheim city leaders were able recently to continue a ban that was already in place. The newspaper reports, however, that this only bans new medical marijuana dispensaries and doesn’t affect businesses already in place.

At a recent council meeting, city leaders heard from several medical marijuana supporters who urged them to consider not extending the ban. But leaders listened and then, without any debate among themselves, extended the ban.

The ban has been in place since 2007, after the city’s law was challenged by patients who argued that it unfairly limited their rights guaranteed by state law. A judge ruled in August that the city’s law doesn’t conflict with either the 1996 vote or the 2003 law, but that case is now being appealed, leading officials to keep the ban in place until the court case is ruled on and settled.

There are still many medical marijuana dispensaries operating in Anaheim, but new dispensaries are not able to get permits to open businesses. Some critics say city leaders are being hypocritical on the issue, having hosted medical marijuana conventions and other gatherings at city-owned venues in the past.

Recent court cases also boosted the city’s decision to keep the ban in place. Late last year, a court of appeals ruled that cities have the legal right to ban medical marijuana dispensaries. In a different case, a court ruled that cities can’t create laws to permit and regulate businesses.

So, the court cases show that these matters are unsettled and it may still be some time before city and county leaders really have a good grasp on what to do. In the meantime, businesses are coming under scrutiny at a time when patients are forced to pay more in order to get their medication based on supply and demand. Our leaders should submit to the will of the people and not to the will of those who put on the most pressure.

Our Orange County medical marijuana lawyers are prepared to represent those involved in any area of the medical marijuana debate, whether users, distributors or cultivators. We believe that this state law is important to providing medicine for the sick and we will help those who face interference.
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January 20, 2012

Report: Medical Marijuana in California Reduces Traffic Fatalities

By Cannabis Law Group

A recent report by economists determined that states with medical marijuana laws in place have seen a drop in deadly vehicle crashes, The Hartford Courant is reporting.

It is certainly good news for the Los Angeles medical marijuana industry, and researchers are looking at the benefits of medical marijuana aside from the medical advantages.

Our Los Angeles medical marijuana lawyers recognize the benefits of medical marijuana not only for local tax revenue and small business growth, but also the intended purpose of helping people with major medical ailments get the pain relief they deserve.

The research also revealed that people who might regularly drink and drive are smoking marijuana instead, though the study doesn’t show whether would-be drunken drivers are driving while high with less-deadly results or they’re simply not driving as much.

Research was done by professors in Colorado, Montana and Oregon. They looked at traffic deaths in all states, including the 16 that have legalized marijuana. The data, from 1990 to 2009, shows that in states where marijuana has been legalized, there has been a 9 percent decrease in traffic fatalities.

The numbers show that DUI incidents have been dropping in this country for decades, but the state-by-state data seems to suggest that states with legal marijuana use are seeing bigger drops. Connecticut is one state that is considering the use of marijuana for medical purposes in its current legislative session.

It would make sense that people who are suffering from major medical ailments would use alcohol as a way to cope with their problems. Often, that leads to drinking and driving. But marijuana use is more likely done at home and not in public, for fear of being arrested. So, if the person is already home, they are less likely to get behind the wheel while they are high on the drug.

The study asserts that states with medical marijuana laws in place allowed some people to have marijuana for recreational purposes either through illegal means because of law-breaking distributors or for those posing as would-be patients.

Either way, researchers believe recreational drug users are drinking less alcohol. Based on national surveys about drinking habits, states where marijuana is legalized showed a 9- to 12-percent drop in mean number of drinks consumed by month for men and women.

Beer sales, on average, dropped by about 5 percent in states where medical marijuana is legalized as well. Researchers found there was no change in sales of spirits or wine, which correlates with young people using more marijuana as a substitute for beer, the most popular alcoholic drink for young people.

Opponents will look at this study and use it to prove that in states where medical marijuana laws exist young people are getting more access to illegal marijuana. But supporters will use it to show that traffic fatalities being reduced is a major benefit of implementing medical marijuana laws.

To argue that young people are getting access to marijuana for illegal use only in states where it is legal for medical purposes would be ignorant. But to argue that use of alcohol by young people is more dangerous than marijuana would be a sound point. Far more people die in DUI-alcohol accidents each year than in DUI-marijuana accidents.
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January 18, 2012

From California to Colorado, Feds Move in and Try to Disrupt Medical Marijuana Industry

By Cannabis Law Group

While Los Angeles medical marijuana dispensaries have felt the pressure recently from the federal government, the discrimination isn’t limited to California.

The Denver Post recently reported that federal prosecutors are now going after medical marijuana dispensaries there, threatening to shut down these businesses if they are within 1,000 feet of a school.

Our Los Angeles medical marijuana lawyers think it’s a shame that state laws that have been on the books for years are now being ignored with little warning by federal authorities, who are trying to assert their own influence over day-to-day operations of these legal businesses.

Federal prosecutors don’t go to prescription drug companies and make their businesses move if they’re within 1,000 feet of a school, even though prescription drug abuse is much more rampant and much more dangerous than medical marijuana abuse. The sad truth is that because this is a hot-button issue and has been for years, there is more scrutiny and more discrimination.

According to the news article, prosecutors in recent weeks sent letters to 23 medical marijuana dispensaries, each located within 1,000 feet of a school. The letters informed these small business owners that they have 45 days to close down or they could end up facing criminal prosecution and asset forfeiture.

Federal prosecutors and local law enforcement officials are working to find more dispensaries that may be within 1,000 feet of schools so they can send out more threatening letters. The number is significant because federal drug penalties can be increased if they are committed within that distance of a school.

Federal officials had previously said they wouldn’t use their resources to go after people who were operating in compliance with state medical marijuana laws. But then during the summer, authorities clarified their position to state that they would come after dispensary owners, regardless of whether they are following the law or not.

So what’s going to happen here is people who legally rented or purchased office space are going to have to take on major debt to move to a new location, assuming they can find one, and perhaps be put at risk of enduring a lawsuit simply because federal authorities are trying to interfere. Rather than give business owners a normal amount of time to negotiate or try to work something out, federal prosecutors are bullying these people.

The same thing happened in California and is sure to happen in every state that has legalized medical marijuana, unfortunately. With pressure from the feds, landlords and local leaders will crumble and shun medical marijuana businesses, which, in turn, shuns the patients that this industry is aiming to help.

It’s a bad cycle that starts with officials looking to garner votes in the current election cycle. It’s no coincidence that this has begun happening at a time when political season is heating up and there are major political campaigns going on. It’s unfortunate that these business owners and their patients are being used as pawns.
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