Los Angeles Marijuana Dispensaries

June 10, 2011

Case Dropped Against Oldest-Running Southland Medical Marijuana Dispensary

A case was recently dropped against the longest-serving medical marijuana dispensary in Los Angeles, and the owner publicly vowed to continue to cultivate marijuana in his own backyard for seriously ill HIV/AIDS patents.

The Los Angeles County District Attorney’s Office dropped a criminal case against the owner just days before it was due to go to trial, according to the Los Angeles Wave.

Paul Scott, the founder and executive director of the Inglewood Wellness Center and the Los Angeles Wellness Center was arrested and charged last June for the cultivation of marijuana and the possession of marijuana for sale. He no longer faces any of these charges.

Our Los Angeles medical marijuana lawyers understand that in many cases, law enforcement can’t back up their zealous raids in court. They can, however, cause a defendant years of headaches, delays and confusion. Oftentimes these cases may leave a defendant eligible to pursue a civil recovery or other means of redress in return for inconvenience.

“There was a ‘ghetto bird’ over head, I’m in handcuffs; they go through to the back garden and pull up the plants and put them in big bags,” Scott recalled. “I was trying to tell them who I am … that I am a founder of a medical marijuana collective and that I have all the paperwork. They just sit me on the sofa asking me questions about money and bank accounts and search the house from top to bottom. They also rip the lights out from the indoor green house.”

Scott compared his arrest at his South Los Angeles home to that of a Hollywood movie scene.

The founder reportedly spent $30,000 on the services of a Santa Monica-based attorney. The District Attorney eventually offered a deal to dismiss the case in exchange for a 90-day jail sentence.

“Jury selection was becoming imminent … there were some pre-trial procedures, but had we not succeeded in the pre-trial phase, we would have been picking a jury,” Scott’s attorney said. “My first thought when Paul approached me to take the case was … is there a legitimate medical marijuana collective? And as we did our investigation it became clear that Paul’s collective, the Inglewood Wellness Center, is probably the most legitimate collective I’ve ever seen.”

The defendant received plenty of support from members of the community who Scott had helped. He didn’t only help them with medical marijuana, but he also created Thanksgiving and Christmas baskets, and backpacks for school children in the area. To his supporters, he wasn’t just a pot dealer, but a true member of the community.

“Their dilemma is that the rules are not clearly established in distinguishing between legal and illegal distribution of marijuana. If it is done for medical marijuana purposes and on a collective basis, it’s not illegal, but the lines are not clear,” Scott’s attorney said. “It’s difficult for lawyers advising collectives; it’s difficult for the courts to enforce the rules because they are so vague. It’s hard for police to know when someone is acting illegal or not. But the facts in Paul’s case came down very clearly on the legal side of the equation.”

Scott believes that had the officers known then what they know now, he may not have been arrested. Officers often fail to use logic during these raids and focus on the bust.

Scott now plans to help those who may not be able to afford medical marijuana. He would like to help them grow their own plants in his backyard. All he asks is for their help watering and caring for the medicinal plants.
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June 8, 2011

Yet Another Tax Aimed at Medical Marijuana Dispensaries — This Time in San Francisco

By Cannabis Law Group

Many government officials are contemplating new sources of tax revenue as they learn about the cash that could be collected from San Francisco medical marijuana dispensaries.

Currently, every other major Bay Area city enlists a gross-receipt tax on their medical marijuana dispensaries. Every California medical cannabis company pays 9.5 percent in state sales taxes, and Los Angeles and San Jose require an additional tax in which local officials collect an extra 5 and 7 percent from these companies, according to San Francisco Weekly.

The tax has reportedly been paying off, as San Jose officials brought in $290,000 during the first month of taxing.

Our Los Angeles medical marijuana lawyers understand that officials throw around these companies like rag dolls and seek to obtain all they can if they’re going to allow these companies to continue operations. Often new laws, regulations and taxes virtually force these businesses to shut down, proving a win-win for government.

“On these types of issues, San Francisco tends to lead, and in this instance, we’re way behind,” says Phil Ting, San Francisco’s potential mayor, who says he’s not officially backing a tax at this time. “It’s a bit controversial, but we want to think out-of-the-box in these tough budget times.”

This marijuana tax would have to be approved by the voters, which would stir up a cluster of opposition among medical marijuana providers and patients.

“The response will be overwhelmingly negative,” says David Goldman, a patient advocate who sits on the city’s Medical Cannabis Task Force.

Marijuana companies currently run as nonprofits. An increase in the cost of business would only be passed on to customers.

A new legislation, sponsored by Sen. Ron Calderon, a Democrat from Montebello, originally favored to increase the taxes on medical cannabis. A study of how to tax these companies raises the eyebrows of many officials, according to San Francisco Weekly.

“The reason that’s important is because medical cannabis exists in a very complicated legal framework,” says Don Duncan, California director for Americans for Safe Access. “Most people see there’ll be some taxation scheme around medical cannabis in the state of California both at the local and state level; but how we can do that and still protect patients and protect providers and cultivators is still really unclear.”

Americans for Safe Access are backing the proposed law, SB 626, as they believe that any and all taxation that is applied to medical cannabis should be justified and necessary — not a source of income for state legislators in a bind.

“What we’re concerned about is that cities and the state are looking towards medical cannabis as a revenue source in tough economic times. And that’s not necessarily how we look at [it],” says Calderon.

Our state lawmakers continue the debate on taxing these companies, but cities such as Oakland and San Jose already tax their local industry. San Jose officials reportedly collected nearly $300,000 in collectives throughout the city. The city predicts that this tax could reel in as much as $3.5 million a year.

“The conversation that SB 626 will facilitate is going to be very important for finding a tax structure that works,” Duncan says. “At least until federal law changes.”

He continues to stress that he’s not fighting for legalization of marijuana, but instead fighting for the fair use and regulation of something that is already legal in our state.
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June 4, 2011

Advocates Join to Protect the Rights of San Diego’s Medical Marijuana Dispensaries, Users

By Cannabis Law Group

San Diego’s medical marijuana advocates collected thousands of signatures to have a say in the fate of new restrictions on pot clinics, according to Mercury News.

Citizens for Patient Rights collected 46,000 signatures for the ballot initiative. The city only requires that 31,000 signatures be collected for an issue to proceed.

The issue is a recently ratified ordinance that seeks to limit medical marijuana dispensaries in San Diego to commercial and industrial zones. It also looks to prohibit them from operating within 600 feet of schools, playgrounds and other related facilities.

Our Southern California medical marijuana lawyers understand that if we want change, we must rally together and stand up for the rights of medical marijuana patients statewide. It is critical to take actions against state and federal government to protect the industry and the rights of legal users. Without voiced opposition, government will continue to place rules and regulation on these companies until they’re all forced to shut their doors.

Citizens for Patient Rights recently told The San Diego Union-Tribune that the newly proposed law amounts to a de facto ban on these marijuana collectives.

If the signatures are certified, the city council is required to either overturn the ordinance altogether or issue it to a ballot within the next 11 months. Depending how long the city takes to tally the signatures, this new measure could end up on the ballot in June of next year.

“The people have made a statement to City Hall that they need to take care of the citizens’ needs and not just City Hall’s needs,” Randall Welty of the Patient Care Association of California told the Union-Tribune. “This effort speaks exactly to patients’ needs in San Diego.”

The new ordinance was ratified in April, along with another measure that requires local dispensaries to operate as nonprofit organizations, hire security guards and curtail their business hours.

The city could make the change to avoid a pricey special election that could cost more than $3 million.

Medical marijuana collectives create millions of dollars in economic activity to the city and hundreds of thousands in tax revenue. In this economic downturn, many advocates believe that the city will see the wisdom of increasing economic activity rather than hindering it.

Earlier in the year, the city council voted to repeal its own ordinance that restricted retail supercenters after the local Walmart collected enough signatures to call for a special election.

“To put $3 million toward this effort wouldn’t be a priority for me relative to restoring library hours,” said Councilman Todd Gloria.
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May 26, 2011

Two More Medical Marijuana Dispensaries in Whittier Shut Down

By Cannabis Law Group

Less than a week after two medical marijuana dispensaries in Whittier were raided by police, advocates plea to City Council to allow more than one legal facility. Those pleas were unanimously rejected. A new ordinance, recently approved by the council, will only allow one legal dispensary in the area, according to Wittier Daily News.

Protesters picketed the possible decision before the meeting. They were even granted the opportunity to speak with members of council and voiced their complaints regarding last week’s raids and the cap of the new ordinance. These efforts proved ineffective.

Our Los Angeles medical marijuana attorneys recognize that laws against monopolies were decided a long time ago. These types of ordinances continue to illustrate amateur politicians “at work.” If you are a patient, a grower or a dispensary owner fighting the state regarding medical marijuana “violations”, you are urged to seek an experienced attorney to help you fight for your right in the court of law.

“We’re not asking to flood this city with dispensaries,” said Laura Kaplanian, owner of GreenReleaf Healing Center, that was one of two dispensaries shut down on May 18. “We’re asking not to cap it at one. This is not for the money. It’s for the patients.”

Another common complaint from these dispensary owners is the tactics used by police officers during these chaotic raids of their business.

“Our rights were violated,” she said. “We were terrified. They broke the door and shattered the glass. They shoved two men to the floor, one with a cane. Is that how you treat your residents? We’re not animals. We’re humans,” said Kaplanian.

Council members back their law enforcement agencies. They continue to make the claims stating that they’re only doing what their country asks by shutting these shops down.

“The reality is this is illegal under federal law and (you) criticize the Whittier Police Department?” said Councilman Joe Vinatieri. “I have great respect for these police officers. We need to remember something here. One of these dispensaries was across the street from East Whittier Middle Advertisement School. The other dispensary was right next door to a church and down the street from another.”

The Police also defend themselves against the claims. Whittier Police Chief Jeff Piper has said that his raids were launched because law enforcement were lead to believe that these companies were committing criminal violations, acting as for-profit organizations essentially selling drugs.

Owners of the two raided dispensaries deny these allegations and stand by their nonprofit status.

Council members react in surprise as they claim to be one of few cities that still even allow medical marijuana dispensaries.

“It kind of catches me off guard,” said Councilman Greg Nordbak. “The council in a 3-2 vote approved allowing them because of the need we feel to be compassionate.”

While many city residents remain against the one dispensary cap, the city planning staff says there is only need for one dispensary because of the limited number of residents that currently hold state-authorized medical marijuana cards in the area. Records show that there are only 22 residents that meet this criteria, but council member report that there were more than 600 residents who were members of that GreenReleaf Healing Center.

Many are worried that residents will now have to look for their product on the streets once again.

“In one of our local cities nearby, I was amazed to discover they have 16 dispensaries because they don’t regulate them at all,” said Councilman Bob Henderson. “We’re not going to allow that in our city. We’ve allowed one. If the need can be shown, they can bring it back to us.”

The councilman goes on to say that residents should be able to commute to this area for their product as the Dial-A-Ride system is available to make transportation a cinch.

With the shutdown of these medical marijuana dispensaries, residents are now forced to look elsewhere to receive products and services which creates a large inconvenience for not only the patients but for the former dispensary owners who have now been closed up for good.
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May 22, 2011

Police Stop at Nothing to Violently Shut Down Medical Marijuana Dispensaries in Wittier

By Cannabis Law Group

We recently told you about police raids that put two Wittier medical marijuana dispensaries out of business. These raids reportedly used more aggression and force than those of Los Angeles County and the city of Pico Rivera, according to the Wittier Daily News.

Instead of issuing a violation notice or any threats to sue the dispensaries if they didn’t willingly close, a number of members from the local police force and those from the L.A. Impact Task Force abruptly crashed into the dispensary and caused quite a bit of unnecessary damage.

Both of these Wittier medical marijuana dispensaries were operating outside of the area allowed by the city. Our Los Angeles medical marijuana attorneys note that the courts have decided to toss out the criminal element of L.A.’s ordinance. This leaves the city the option to sue in civil court is they want a dispensary shut down, as these raids are prohibited. If you’ve experienced an unlawful shut down in the area, you are urged to contact an experienced medical marijuana attorney to stand up against the city and its thugs.

“They broke in the glass door and shattered it when they came in,” said Laura Kaplanian, owner of GreenReleaf Healing Center. “They trashed our place,” Kaplanian said. “They took all of the patients’ medicine (marijuana) from their hands. It was inhumane. We’re not animals.”

Kaplanian’s dispensary opened back in February, not in a location that the city allows, and said she never received any sort of letter from the city stating that she needed to close her doors.

Michael McGehee, the owner of the Apex – Alternative Patient Dispensary, said that he never received any type of notice from the city either, but was brutally raided and shut down by city police, too.

“Why not give us a cease-and-desist order?” McGehee asked. “We would have just packed up and left. This was a huge raid.”

There were three patients at the Apex facility during the time of the raid.

The Police defend their raid, saying that because the businesses were committing criminal violations and acting as for-profit by essentially selling drugs, the companies were well outside of the Compassionate Use Act.

“We were conducting an investigation and determined there were criminal violations,” said Whittier Police Chief Jeff Piper.

Both dispensary owners still deny allegations and reiterate the fact that they were indeed non-profit organizations and would have cooperated with city requests. They both see the raids as an unnecessary stunt by local law enforcement.
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May 16, 2011

Yet Another Bill Aimed at Regulating Dispensary Operations in Los Angeles

By Cannabis Law Group

An Orange County state senator is backing a new bill that would prohibit medical marijuana dispensaries in Los Angeles and elsewhere from operating near homes. The new bill would forbid a dispensary from opening within a 600 foot radius of any home or residential zone in the area. The bill would also clear the way for other cities and counties to enact even stricter restrictions on the operation locations of dispensaries, according to the OC Register.

The bill was written by Sen. Lou Correa, D-Santa Ana, after a dispensary in Anaheim opened on a residential cul-de-sac last month. The neighborhood protested and police closed the shop down.

Our Los Angeles medical marijuana lawyers recognize that there are a seemingly endless number of restrictions and regulations placed on these dispensaries. As we recently reported on our Medical Marijuana Blog, the city is also planning on enforcing more zoning regulations, land use regulations and punitive actions. They plan on continuing their enforcement aimed at keeping dispensaries away from schools. These regulations are meant to reduce the number of dispensaries in the area. If you are facing charges for operating a medical marijuana dispensary, you are urged to contact an experience attorney immediately as they can fight for your rights as a legal business operation in the state of California.

Correa’s bill is one of at least five authored this year by state lawmakers in an attempt to refine the medical marijuana rules of California. One of the bills looks to place larger taxes on medical marijuana and another would prohibit employers from discriminating against qualified users.

Those bills, that were written 15 years after Californian began allowing medical-marijuana sales, underscore the explosive growth of the industry. Now, medical marijuana dispensaries in cities here and across the state are listed in trade magazines and websites. Still, they remain under attack by the same politicians who often seek to tax them.

Opponents believe that medical marijuana is just a front for drug legalization and recreational use, according to ProCon.org.
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May 14, 2011

City Sues More Medical Marijuana Dispensaries in Los Angeles

By Cannabis Law Group

As Los Angeles continues to force marijuana dispensaries out of business, the city claimed a quick victory earlier this month in a lawsuit forcing a dispensary to shut its doors, according to L.A. Now.

The decision to force the company out of business came after the city’s attorneys forced the landlord to evict Cancare Collective as the operators chose to avoid litigation.

Our Los Angeles medical marijuana lawyers understand the problems that local medical marijuana dispensaries are facing as cities seek to force them out of business. Keeping your business alive and well at a time where local government officials aim to shut down the entire industry means hiring a law firm experienced in handling the issues.

At a hearing earlier this week, Los Angeles County Superior Court Judge James C. Chalfant also issued an injunction demanding that the North Hollywood dispensary halt operations at 11120 Burbank Boulevard or any of their other locations.

In addition to this suit aiming to close seven dispensaries, the city filed four lawsuits earlier in attempt to close other dispensaries.

“We are hopeful that we will be more successful and speedy this time around,” said Asha Greenberg, the managing assistant city attorney who has led the effort.

The San Jose City Council passed an ordinance earlier this month that mandates marijuana distributed by a San Jose medical marijuana dispensaries be grown on site.

MedMar Healing Center, a San Jose medical cannabis provider, claims that this ordinance will place a de facto ban on a majority of the medical marijuana dispensaries in San Jose. They continue to claim that most of these local dispensaries that do have the space and resources to manage on-site gardens won’t be able to keep up the current level of product quality, diversity or quality of their medical cannibus, according to PR Web. They also worry that by hosting the on-site production of their products they will also increase the security risks to all marijuana collectives.
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May 11, 2011

Two Medical Marijuana Providers Sue Government Claiming it Directly Violated Civil Rights

By Cannabis Law Group

The U.S. government is being accused of civil rights violations by two medical marijuana providers in what may be the first lawsuit of its kind, according to the Associated Press.

The accusations come after a federal crackdown on marijuana operations in Los Angeles and across the nation.

As we previously reported on our Marijuana Lawyer Blog, the Drug Enforcement Administration was in favor of a crackdown if the California’s marijuana legalization effort was put into effect and made law. However, the Obama Administration’s Justice Department has chosen not to target medical marijuana for enforcement action in states where it is legal under state law, such as California.

Still, some are accusing the feds of unfair enforcement action. Owners MCM Caregivers and Montana Caregivers Association allege these federal raids on marijuana businesses are unconstitutional and exceed the government’s authority.

Our Los Angeles medical marijuana attorneys understand that the federal government still considers marijuana as a Schedule 1 drug, claiming that it has a potential for abuse and has absolutely no medical value. Medical marijuana however, has been legal in the state of California since the mid 1990s. It is critical that you contact an experienced attorney if you or your company has been the victim of a crackdown and are now facing charges in state or federal court.

“I think it’s an entirely legitimate topic for debate,” said Obama on whether all drugs should be legalized or not. “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.”

Since the raid of MCM Caregivers and Montana Caregivers Association, federal agents have raided two dispensaries in Washington State. In addition, federal prosecutors have sent numerous letters of warning to leaders in a majority of the 15 states with medical marijuana laws.

“I’m surprised nobody’s raised a 10th Amendment challenge,” said New Mexico attorney Paul Livingston. “This is a process going on in all the states that have approved medical marijuana. They’re trying to set limits.”

A lawsuit was filed last week in the U.S. District Court in Missoula against the government, Attorney General Eric Holder, U.S. Attorney for Montana Michael Cotter and the Department of Justice. The plaintiff claims that the intent of the raids were to shut down the medical marijuana industry.

“The federal government has made clear its intent to threaten and eventually eliminate any business or enterprise related to the medical use of marijuana,” Christopher Williams of the Montana Caregivers Association and Randy Leibenguth of MCM Caregivers claimed in the lawsuit.
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May 8, 2011

Los Angeles Doctor Releases Book Advocating Medicinal Use While Government Continues to Fight Against Medical Marijuana Dispensaries in Los Angeles

By Cannabis Law Group

A Los Angeles doctor has been recommending the use of marijuana to patients for nearly a decade now, according to India West. She recently launched a book, “A Comprehensive Guide to Medical Marijuana,” published to share her extensive knowledge in the field and about the medicinal treatment.

The doctor covers topics pertaining to the last 75 years of medical marijuana history, medical conditions treated by marijuana, how the drug works in the brain, actual medicinal value of the medicine, different ways marijuana can be used and a discussion of marijuana and spirituality.

She also addresses the laws for the possession of marijuana and the rights of those locally and those crossing state lines. She covers issues about driving under the influence, marijuana laws in other countries, employment and medical marijuana and conflicts between state and federal marijuana laws, according to Consumer News Today.

Our Los Angeles medical marijuana attorneys understand that as dispensaries continue to help treat deserving patients, they are also required to stay in compliance with strict California law to continue operations. With ever-changing ordinances and constant crackdown from federal and state officials, many businesses face an everyday fight to remain open and offer their services to deserving patients. An experienced attorney should be contacted if your business if being attacked and facing shut down as these laws deprive citizens of safe access to legal medical marijuana.

Many California residents rely on medical marijuana to treat a number of conditions, including back and joint pain, anxiety, insomnia, nausea and depression to name a few. Patients much first visit a California licensed board physician. If needed, the physician writes a prescription for the patient and refer them to medical marijuana dispensaries.

Patients seeking the treatment must obtain a Medical Marijuana I.D. card from the California Department of Public Health. Those who try to purchase from a medical marijuana dispensary without this ID card can face arrest and prosecution.

According to City Clerk June Lagmay, there have been a number of recent reports from the Los Angeles Police Department of an increase in and escalation of violent crime at many medical marijuana dispensary locations in the City of Los Angeles.

Los Angeles houses dispensaries that offer many strains of medical cannabis which are can be suitable for smoking or ingesting with food. Many dispensaries even offer workshops and support groups for their clients. Many of them are equipped with knowledgeable staff that can help direct clients to the most suitable product for their condition.

The city continues to pull out all the stops in trying to close down these medical marijuana dispensaries as companies and their respected attorneys continue to fight for their given rights to provide the medicinal treatment to deserving patients. Dr. Sona Patel and many other medical marijuana advocates continue to fight against ever changing rules as regulations dropped on the industry.
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May 2, 2011

California Medical Marijuana Dispensary Manager Sentenced to 3 1/2 Years

By Cannabis Law Group

A number of defendants have been facing charges after a medical marijuana dispensary raid back in 2007. The manager of that dispensary was sentenced to more than three years in prison, according to an Online Medical Marijuana Resource.

The 38-year-old manager of Nature’s Medicinal Inc. pleaded guilty back in January to conspiring to distribute marijuana charges, according to a news release from the Office of U.S. Attorney Benjamin B. Wagner, Eastern District of California.

Our California medical marijuana lawyers recognize that medical marijuana is in fact legal under state law, but understand that federal law classifies the drug as illegal.

The manager faced a maximum sentence of 20 years behind bar. The former owners of the dispensary have yet to go to trial, as their trial date is set for later this year.

Medical marijuana dispensaries are required to follow a long list of rules and regulations, including operating without making a profit.

After seizing $50,000 in cash from the Nature’s Medicinal’s premises, the DEA accused Nature’s Medicinal of doing million of dollars in business each year.

Three others arrested in the raid of Nature Medicinal have already entered guilty pleas to conspiring to distribute marijuana. They have already been sentenced; 2 1/3 years in prison, 1 year in prison and 1 year 8 months in prison.

The two owners of the dispensary have pleaded guilty to conspiring to distribute marijuana and have yet to be sentenced.

The same raid that busted those involved at Nature’s Medicinal also shut down every marijuana dispensary in Kern County, many shutting down willingly for fear of being raided. Numerous dispensaries have reappeared since then.
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