Los Angeles Marijuana Dispensaries

January 16, 2012

Los Angeles Proposes “Gentle Ban” on Medical Marijuana Dispensaries

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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January 14, 2012

Riverside County Dispensaries, Others Come Under Fire For Medical Marijuana

By Cannabis Law Group

The Associated Press recently reported that many states, including California, have had to deal with conflicts because while voters have sought and lawmakers have approved medical marijuana, the laws have given individual communities the right to lock them out or shut them down.

Such has been the case recently in Riverside County, where authorities continue to try to shut down medical marijuana dispensaries despite the state law legalizing them. We recently reported on our Marijuana Lawyer Blog the struggles these business owners are having.

Our Los Angeles medical marijuana lawyers are dedicated to helping those who are involved in this industry.

But it has been a difficult road for those involved with medical marijuana in California because of the backlash that some people have displayed on this industry. There has been pressure from federal prosecutors, who have threatened to file criminal charges against those involved in the industry.

Even though it’s legal to run these businesses in California after getting clearance from local and state officials, the threat of criminal charges and jail or prison time has done unending damage. Many landlords have threatened to kick out medical marijuana dispensaries after they were told by law enforcement that they could face charges for harboring criminals.

These threats worked. Many landlords who rented space to people who were legally operating these businesses succumbed to the pressure and quickly kicked them out, even in cases where leases were in place. This caused medical marijuana dispensaries to lose money and business, requiring they find a new office as well as reconnect with their customer base.

On top of that, many people had to pay more for rent the second time because in order to take the risk of prosecution, some renters used that threat as a way to jack up rental fees. Everyone’s looking to make a buck.

As the Associated Press reports, not only have landlords taken these threats to heart, but so have local lawmakers. After the threat of prosecution and the reminder that California’s state laws and the federal government’s drug laws vary, some local politicians began putting pressure on local medical marijuana businesses.

As the article states, statewide, there are 185 cities and counties that have banned dispensaries entirely. In other states, including Colorado, New Jersey and Maine, honest businessmen and businesswomen have struggled to run their businesses while finding governments that are willing to let them in.

Sadly, local leaders believe this is going to solve the problem of illegal marijuana use. But, actually, it’s hurting their cause. For many patients who have the legal right to use marijuana, they are turning to the black market to get their medicine of choice.

The story reports that 60 governments in California have local rules for dispensaries, including where they can be located. A 2003 law left much of the power for this industry up to local leaders. Medical marijuana supporters believe that many cities have used this power to essentially ban dispensaries, despite the law in place on the state level.
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January 12, 2012

Bay Area County Stops Medical Marijuana Program Based on Court Case

By Cannabis Law Group

Mendocino County officials have suspended a program to distribute medical marijuana cultivation permits based on a Los Angeles court ruling that challenges whether permits should be issued by local governments for activities that federal law says are illegal, the Associated Press reports.

This is major news for the Los Angeles medical marijuana industry because if other cities and counties follow suit, this could be especially disruptive for not only the businesses dealing with this drug, but also the patients who rely upon it.

It’s likely that experienced Los Angeles medical marijuana attorneys will be needed to step in and fight on behalf of the patients, collectives and dispensaries that are threatened by this action. Mednocino County is north of San Francisco Bay.

According to the news report, the permits in that county allow medical marijuana collectives to stock up to 99 plants under a structure that requires inspections and identification for each plant with zip ties. The permit application and inspection cost $1,500 and each zip tie issued costs another $50. Sheriff’s officials conduct monthly inspections and those cost between $300 and $600 per month.

The county sheriff raked in $660,000 during a six month period based on the program, the report states. But county officials told the sheriff to suspend the program this year after a case out of Los Angeles — Pack v. Superior Court of Los Angeles. A state appellate court ruled that the Los Angeles local governments lack the authority to continue permitting medical marijuana. The California Supreme Court has a deadline of Feb. 8 to decide whether it will hear the case.

The dispute is based on challenges to officials in Long Beach, who created an ordinance that requires permits for medical marijuana collectives. As in this county, it charged fees for permits, but it has paid back about $700,000 in fees since then.

Given that medical marijuana in California is such a big issue, it would seem logical that the supreme court would look at the case and make a ruling either way. The additional pressure from federal prosecutors in the past year makes this is a legal topic subject to much debate.

“The Pack court also stated that Cities could be in compliance with Federal law if they passed laws which “further restrict” the medical marijuana laws of the State,” said CANNABIS LAW GROUP Attorney Damian Nassiri. “Such as restricting their hours of operation from 10am to 6 pm or restricting their location. These types of laws would not be preempted by Federal law because they are not in conflict with the federal laws.”

If the state’s high court rules that local governments don’t have the authority to regulate medical marijuana cultivation or distribution, it could derail the entire industry. It may be more likely that the court could rule that governments simply can’t charge fees to these businesses.

And that could actually be good for the industry. If fees are waived, these businesses may end up better able to survive and serve patients. Prices would go down for patients and everyone would benefit.

But anytime there is a court case hanging in the balance, one has to wonder what will happen and what affect it will have on the entire industry. One case can affect thousands of people throughout California.

The smart thing for cities and counties would be to continue doing business as usual until a final ruling is made on this case. Other courts could have different opinions and what is a decision in one court could change within a matter of months. Our Los Angeles medical marijuana lawyers will continue monitoring this case and bring the latest information to our Marijuana Lawyer Blog.
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January 10, 2012

California Man Gets Flak In Trying to Set up Medical Marijuana Dispensary

By Cannabis Law Group

A Northern California man has been tapped to supervise a new program in Maine to begin opening dispensaries, but has faced political and logistical problems, Mainetoday.com is reporting.

Los Angeles medical marijuana lawyers have seen that experts in this field have gone on to help officials in other states get their programs started and that’s a good thing. While this industry has had its ups and downs in California, that’s in large part due to the resistance of being such a ground-breaking operation.

Since 1996, while there has been plenty of pressure put on by politicians and law enforcement officers alike, medical marijuana in Los Angeles and statewide has largely been a success. There is a strong base of support and it’s growing.

So, it’s no wonder that many people involved in the cultivation and sale of legal medical marijuana have gone on to help others throughout the state as well as in other states learn the pitfalls and problems with the craft.

Maine followed California and in 1999 legalized medical marijuana in limited possession cases. But the law lacked any means for growing or distributing the drug. In 2009, voters approved a bill that now provides dispensaries for medical grade marijuana for people who have debilitating and chronic illnesses. It became the fifth state to to do.

So now a Northern California man has been slated to supervise a program after it was awarded four dispensary licenses by the state. He believes one of the four sites requires a 10,000- to 20,000-square-foot building in order to grow enough marijuana for the four dispensaries they operate in Maine.

As three other dispensaries are set to open, the one location scheduled to be the base dispensary only is a 3,300 square foot building. He says in a good year, he could yield about 300 pounds of marijuana at that site with a maximum of 500 pounds using an elite grower with a high-yield and short-flowering strains.

But, he believes the site is “inadequate” given the number of patients in the area and whom they want to serve. Based on Maine law, which allows growers to grow six plants for every patient, he won’t be able to stack small plants toward the ceiling to maximize space. But based on the state’s laws and requirements, he said he’ll have to provide a healthy vegetative space for each plant.

Space and access is often a problem for California medical marijuana dispensaries. Given the recent pressure from federal prosecutors to shut down these operations, many landlords have kicked people to the street even though they are operating legal businesses.

This added pressure has encouraged local leaders to cut down on the favor they provide these businesses. So, even though there are many California residents with a need for this drug for pain purposes, their representatives in government aren’t willing to help.

Instead, they are more focused on how to find favor with the anti-medical marijuana vote by putting pressure on this industry, cutting down on permits and seeking to put restrictions on dispensaries opening up. However, through continued work and pressure to lawmakers, this industry will continue to thrive.
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January 8, 2012

More Bad Press For California Medical Marijuana Won’t Stop Industry

By Cannabis Law Group

A recent mobile home fire in Michigan is catching heat after authorities say it was the site of a medical marijuana operation. The fire killed seven pets, the Detroit Free Press is reporting.

Bad press like this is the type of thing that hurts the Los Angeles medical marijuana industry because it gives uninformed people more reason to question the validity of the industry.

But while the naysayers continue their conquest to try to shut down this legal and helpful industry, our Los Angeles medical marijuana lawyers will continue to be dedicated to helping those who are trying to conform to the laws that California voters approved more than a decade ago.

According to a newspaper report, the house fire broke out one recent morning in a mobile home park in a town called Harrison. Fire department officials said that two grow lights were plugged into an outlet, which created an overload situation. The 34-year-old man who lived at the residence had a valid medical marijuana card.

The man and a woman, 50-years-old, were both able to escape once they smelled smoke. Two dogs, three ferrets and two cats died in the fire, officials said. A dog, which was found hiding inside the home survived after firefighters were able to put out the blaze. The trailer was destroyed in the fire.

In other cases of a house fire, people likely would feel sympathetic for homeowners who lose possessions in an accidental blaze. But if medical marijuana is mentioned, some in the community will look to the incident with a different point of view.

Others might chime in that it is a prime example of what is wrong with the medical marijuana industry, that clearly that was the reason for the tragedy and therefore all medical marijuana should be eradicated. There are extreme opinions on both sides of the issue. But our medical marijuana lawyers know that industry officials and patients alike will continue fighting for what’s right.

What’s right is that California voters overwhelmingly wanted medical marijuana legalized and did so in 1996. Since then, the industry has come under fire not only from anti-marijuana groups, including the federal government, but also local leaders who are misinformed about the facts of marijuana and its uses for cancer and other debilitating diseases.

But supporters will continue to fight for their rights, which include the legal cultivation, dispensary and use of marijuana for those who have the prescribed right to do so. While there is an ugly black market for drug sales and use, the same can be said for prescription drugs, gun manufacturing and other industries that don’t come under the same pressure.

Hopefully we will see the day when lawmakers, law enforcement personnel and others in power see medical marijuana not only as a legal business, but one that has enormous benefits for its citizens. Through major tax contributions and helping the sick, this industry does far more good than bad.
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January 6, 2012

Have a Los Angeles Medical Marijuana Prescription But Arrested Out-of-State? You’re Like Snoop Dogg

By Cannabis Law Group

California music icon Snoop Dogg was recently arrested by border patrol agents in Texas after marijuana was found by a drug-sniffing dog on his tour bus, the New York Daily News is reporting.

The 40-year-old, whose real name is Calvin Cordozar Broadus Jr., told authorities that the marijuana belonged to him. While he has a prescription to possess medical marijuana in Los Angeles, Texas officials say they have a zero tolerance policy in that state.

Our Los Angeles medical marijuana lawyers have seen this problem time and time again and there is not a good answer. For patients who require medical marijuana to ease the pain of cancer and other serious ailments, traveling out of state can be a difficult situation. We recently reported the case of a woman whose medical marijuana was seized by TSA agents, though she was allowed to proceed.

This can even be problematic for those people who travel from California to states where people are allowed to have medical marijuana with an identification card. In such cases, it is often illegal to transport your legal marijuana in California to another state where you don’t have an identification card. It can be even more difficult for those who travel to states where marijuana is considered an illegal drug, even with a proper prescription and identification card.

In Snoop Dogg’s case, he was pulled over during the weekend in a small Texas border town called Sierra Blanca, the New York Daily News is reporting. According to sources, authorities found a half ounce of marijuana and several joints inside a prescription bottle that was in a trash can in the back of the bus.

In Texas, there is a zero tolerance policy in place for people who are found to have been in possession of drugs, even such a small amount. Given the minor amount, he was issued a citation for misdemeanor drug possession and he was released by authorities.

The rapper has gotten in trouble with the law before for his use of marijuana. In 1998, 2001, twice in 2006 and 2007, he has been arrested for marijuana possession. Mr. Dogg has made a career off lyrics that highlight his use of the drug.

Cases like this go to show the unfair treatment medical marijuana gets in other states compared to others types of painkillers. If a person shows an officer their prescription for Oxycodone or Percocet, the officer in most cases would simply let the person go on their way.

But because of the stigma involved with medical marijuana, law enforcement treats it not as a prescribed drug, but as an illegal drug. Yet, people illegally abuse prescription drugs all the time. In fact, it has become a major epidemic in this country — people convincing doctors through fake pain that they require heavy dosages of prescription drugs. In many cases, the doctors are involved in the scheme by working with distributors to profit off of this illegal act.

And yet people who simply use marijuana as a pain killer are being arrested out-of-state for trying to ease their pain. Sadly, there are few ways around these charges. Most law enforcement aren’t going to turn away from their state’s law for another’s state’s law. It’s just not going to happen. Medical marijuana patients must be diligent in avoiding these types of charges.
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January 4, 2012

Court Rejects Medical Marijuana Suit; Others Fighting Back on Behalf of Growers, Distributors and Users

By Cannabis Law Group

To say the fight in support and against medical marijuana in Los Angeles is heating up would be inaccurate because that would imply it ever cooled down.

But watching the news both in California and in other states shows that supporters of this legitimate business industry, including our Los Angeles medical marijuana lawyers, are making some strides in dispelling the incorrect rumors about the industry and getting other states to follow California’s lead.

In Arizona recently, a U.S. District Court judge dismissed a lawsuit filed by Arizona officials that sought to clarify whether it’s voter-approved medical marijuana law trumps federal drug laws. It was an unusual request by the governor, who was seeking clarification about whether the state’s law or the federal law should rule supreme.

Los Angeles medical marijuana supporters should be happy that a judge refused to consider the issue because had she not tossed the lawsuit, a ruling in favor of federal law could be applied to every state that has medical marijuana laws in place. Often, one case can be cited as a reason to apply it to other cases, even if they are in different states. And there are plenty of people in California, as well as Washington D.C., who want to step on the will of the voters.

In dismissing the lawsuit, the judge said the state wasn’t able to show that its workers were at risk of federal prosecution based on the proposition passing or if state officials had intended to fully implement the law.

The law just passed in 2010 and would require state workers to issue identification cards to people who have medical conditions that require marijuana use. The state’s health department also gained authority to issue permits for dispensaries.

Officials are now deciding whether or not to appeal the ruling or begin licensing medical marijuana dispensaries. The state strategically filed the lawsuit in May, just days before the permit process was set to begin.

Although dispensaries have yet to be authorized, nearly 18,000 people statewide have gotten permission to use marijuana for various medical ailments. About 15,000 of them have asked for permission to grow the plant themselves.

The state’s lawsuit came at a time when federal prosecutors in all 15 states that have legalized medical marijuana, including California, began their politically based move of threatening federal drug charges against those involved in the industry.

Throughout Los Angeles, this led to those renting space to dispensaries kicking them out for fear they would be brought up on federal drug charges. Many businesses that serve the most sick residents were forced to close as a result.

Civil rights leaders have called on Arizona’s leadership to begin implementing legislation that was handily passed by voters. Would-be dispensary owners also have civil lawsuits pending against the state because of the calculated delays.

Our Los Angeles medical marijuana lawyers hope that this situation gets resolved in Arizona soon so the nearly 20,000 patients who need medical marijuana as a prescribed drug can begin getting help for their illnesses.
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January 2, 2012

“Blair Witch” Actress Was Involved in Los Angeles Medical Marijuana Industry

By Cannabis Law Group

The Blair Witch Project was a ground-breaking type of movie in 1999 when the style of videography shocked moviegoers for its realism despite its low-budget cost — the movie grossed nearly $250 million on a $600,000 budget.

Reuters recently caught up with the main actress from the movie, who recently published a book in which she detailed her time as a medical marijuana grower. Medical marijuana in Los Angeles has been legal since 1996 and yet it is still embroiled in controversy today.

Our Los Angeles medical marijuana attorneys are constantly amazed at how often this controversy tends to come into the spotlight. Every day it seems there is a new group either trying to shut down medical marijuana dispensaries, stop them from opening in a certain city or authorities threatening criminal charges.

But the thing about this industry is it has been helpful not only to the many patients who require this as a medication, but it has been been an economic boon to many communities and neighborhoods. No one is protesting doctors who give out pain pills like they’re candy (ok, almost no one), but these hard-working people face problems every day.

Heather Donahue recently told Reuters that she got into the industry after meeting a man at a meditation retreat. The man ran a marijuana cultivation business and he invited her to check it out, so she did.

She told the news service that she believes prohibition is doing a lot more to damage our citizens than allowing the free trade of the drug. She said she has faced some criticism for writing about her experience, but she said the names of those involved were disguised to protect their identities. She said she anticipated the problems some people might end up having based on the topic.

The reporter asked whether she had any regret or feelings of guilt for being involved in an industry that is still considered illegal under federal law, even though it’s legal under California law and has been for more than a decade. She gave an interesting answer.

“No I actually feel like what I was doing was putting something really positive out into the world,” the former actress said. “I think the problem is with the policy, not with the plant. So there was never a moral quandary for me in those terms.”

And there are many people throughout California who feel the same way. This is a legal drug, just like Oxycotin, and it is available with a prescription the same way. There are certainly problems with illegal growers and sellers, but that shouldn’t be taken out on honest businesses who are simply trying to follow the law as it is written where they live.

It’s unlikely that this conflict will go away any time soon, but our Los Angeles medical marijuana lawyers are prepared to represent and defend anyone who is wrongly accused or harassed for growing, consuming of distributing this legal medicine.
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December 29, 2011

“Weed Wars” Reality TV Show Depicts Dangers of Los Angeles Medical Marijuana Dispensaries

By Cannabis Law Group

The new reality television series “Weed Wars” on the Discovery Channel, which aired its first season finale recently, gives viewers an inside look at the legal operation of marijuana dispensaries in California.

The program has depicted the real life workings of a Bay-area marijuana dispensary and the problems that not only the company faces, but its growers and the patients who rely upon the business to get the marijuana they need to ease their pain.

Our Los Angeles medical marijuana lawyers hope that this show will continue to make believers out of skeptics who believe this legal business is somehow bad for society. While prescription drug companies — who, essentially, provide the same type of service — routinely put out dangerous drugs with wild side effects, marijuana dispensaries are simply using grown plants to act as painkillers to people with chronic illnesses, including forms of cancer.

The Los Angeles Times reports that “Weed Wars” brings viewers inside access to the Oakland-based Harborside Health Center, a marijuana collective its owners says is the biggest in the country. The series shows how its owner tries to run a business that is legal in California, but illegal in the eyes of the federal government, which has sought to remove these businesses as part of a political agenda.

The Discovery Channel also premiered a show about illegal alcohol distillers in the backwoods of the Appalachian Mountains and both series have done well in key demographics, the newspaper reports. The topic of illegal activities has been popular with viewers, with more than a million watching each episode.

And “Weed Wars” isn’t the only marijuana-based television show hitting the air. Others are on the way. And while networks are quick to point out they’re not picking sides in the political battle, it shows that the American people are interested in these topics.

“Weed Wars” brings people inside the company’s laboratories, where testing of the substances that make up marijuana, including the difference between THC — which brings the drug’s psychoactive ingredient — and CBD — which provides the medical benefits.

The show’s creators hope that exposing people to the inner-workings of the medical marijuana industry will help them understand that it isn’t an underground, seedy business, but a legitimate enterprise under California law that is designed to help people suffering from various ailments. The dispensary owner fully recognizes, however, that by taping a show, they are exposing themselves to federal authorities, who tend to frown upon people they believe are flouting an illegal trade. Federal drug laws fly in the face of California laws that allow this business to thrive.

Ultimately, our Los Angeles medical marijuana lawyers hope that this show and others like it continue to educate the public — and the government — about what is really going on in California’s medical marijuana industry. They must realize that not every user, grower or distributor is doing so illegally and that the right answer to a perceived problem isn’t shutting down every marijuana business that is operating legally.
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December 24, 2011

Three Arrested in Connection With West Hollywood Marijuana Dispensary Robbery

By Cannabis Law Group

Three men were recently arrested in connection with the armed robbery of a West Hollywood marijuana dispensary recently, the Los Angeles Times reports.

Los Angeles medical marijuana dispensaries are always at risk for a potential robbery because while legitimate businesses are simply trying to adhere to the law and work legally, there are still illegal drug dealers who try to steal the drug so they can profit on the black market.

And while some people try to use these random reports of criminal activity at pot shops as a reason why cities and counties shouldn’t allow dispensaries to operate. But what they don’t mention, our Los Angeles medical marijuana lawyers point out, are crimes that happen at convenience stores, liquor stores and other “hotbeds” for criminal activity. No one is pushing for these businesses to be closed, yet medical marijuana small business owners are targeted unfairly.

In this case, the newspaper is reporting, the suspects entered a medical marijuana dispensary in the 7000 block of Santa Monica Boulevard during a recent Saturday night. The three men walked into the store with guns and tied up the six employees and were made to lie down in the back of the store.

The newspaper reports that the store’s manager was forced to open the safe, according to the Los Angeles County Sheriff’s Department. The men got off with an unspecified amount of money, cell phones from the employees and an undetermined amount of marijuana.

Sheriff’s detectives report that they were able to find the three men after tracking them to a home in Lancaster, where victims identified them as the culprits. After authorities searched the home, they were able to find the marijuana, money and cell phones as well as the guns that were used in the crime.

Arrested were a 29-year-old from Compton, a 30-year-old from Los Angeles, and a 35-year-old from Lancaster, the newspaper reports. They are being charged with suspicion of robbery and kidnapping, major felony charges that could end in prison sentences under California law.

Our medical marijuana lawyers are grateful that the police were able to track down the people they believe are responsible for this terrifying robbery. We recognize that illegal drug dealers see marijuana dispensaries as an easy target for crime, but the same could be said for any small business that has a cash register and expensive goods.

We encourage local leaders not to assume that these marijuana businesses are bad for the community or “attract” crime because that’s simply a mischaracterization of the truth. These small business owners are trying to simply follow state law and run their companies like any other form of business. Sadly, they are stuck in the middle of a political war that keeps them from truly enjoying a free working environment. Hopefully, as the issue of medical marijuana in California evolves, so, too, will the acceptance of these needed businesses.
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