Articles Posted in Marijuana Lawyer

An appeals court in California has reversed the conviction of a medical marijuana co-op manager, who had been convicted of selling cannabis for profit and sentenced to six months in jail.

Los Angeles medical marijuana lawyers know this sets a positive precedent for similar criminal cases brought in California in the future. Although marijuana sales are still considered legal under federal law, this case could have major implications for future state court criminal trials.

The appellate court found that the San Diego Superior Court judge who had initially ruled on the case had improperly barred the manager from presenting state law as a viable defense option. In fact, throughout the course of the trial, the judge had even gone so far as to call the state’s marijuana law a scam and referred to marijuana as “dope.”

From here, the case could go one of three places: the appellate ruling could stand, or the superior court could choose to retry it. The other alternative is that the California Supreme Court could choose to intervene.

This case is important to others for several reasons. The first of which is that it establishes court’s recognition of the right of medical cooperatives and dispensaries to operate under state law.

Another reason is that it reinforces guidelines handed down in 2008 by the state’s attorney general that a patient doesn’t have to proactively “till the soil” in order for a cooperative to be considered legitimate. Prosecutors have continued to ignore this guidelines in their criminal proceedings. What this appellate court said was that collective and cooperative members, i.e., patients, don’t have to participate in actually growing the plant. This is sometimes referred to as the, “Make ’em grow it” logic. Their contribution, rather, may be in the form of monetary supplements. The fact that this individual had a large number of patients who were not actively participating in the cultivation process should not have prevented him from mounting a defense in line with the Medical Marijuana Program Act, the court ruled.

Just in San Diego, more than 100 collectives have been shut down based on this faulty premise.

This case actually stems from the second time this co-op manager faced charges for marijuana sale.

In the first case, the Navy veteran was acquitted when a judge ruled he could present evidence of the state’s marijuana law as a defense. But the prosecutors couldn’t drop it. They filed another criminal case against him, essentially for the same actions (though different instances, as otherwise it would have been double jeopardy). What happened was the prosecutor was instrumental in setting up the exact same undercover sting that provided the basis for his arrest in the first case, and then had him arrested for his subsequent actions. It’s clear she was hoping to get a more sympathetic judge the second time around, and she did. In that case, the judge would not allow testimony regarding state law to be heard. He was convicted last year and filed his appeal in November.

While law enforcement agencies and prosecutors continue to try to curb storefront facilities via criminal action against those who are simply trying to provide a valuable service to ailing individuals, this case reinforces the right of dispensaries and co-ops to not only exist, but to thrive.
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A local CBS reporter recently profiled a group of Los Angeles moms who consume medical marijuana on a daily basis as an alternative to a cocktail of powerful prescription medications and painkillers.

Los Angeles medical marijuana attorneys know that part of winning over public opinion on the issue is underscoring its normalcy, the fact that it’s, well, kind of boring. Although some are up in arms about the report, saying that a mother’s use of medical cannabis is somehow detrimental to her children, the fact is, this argument has no factual basis.

The moms profiled on the program say that their use of medicinal marijuana actually makes them better parents because they are not consumed with pain or other chronic ailments that might suck up their time and energy away from their kids.

These are women who may take their medication several times a day and still work effectively take their children to soccer practice and attend PTA meetings.

One of those says she has early onset arthritis and anticipates needing surgery at some point in the future. Traditional painkillers, such as Oxycodone or Vicodin, she said, make her foggy and feel unnatural. Plus, they can be powerfully addictive. She says she and her doctor have discussed all the possibilities, and both came to the conclusion that medicinal marijuana was a safer alternative.

In order to avoid exposing her infant daughter to second-hand smoke, she instead chooses to use cannabis oil, which she bakes or infuses into foods like macaroni and cheese. She says really anything made with oil or butter can be instead made with cannabis oil.

Another local mom reports using medical marijuana to alleviate her cancer, chronic pain and asthma. Before she turned to marijuana, she was prescribed 27 different medication. Now, she takes just one, which she chooses to consume in a vaporizer that contains no second-hand smoke. She says she speaks regularly to her teenage daughter about why she takes marijuana, and the difference between using it for medication and abusing it.

While use of marijuana for medical purposes is legal under state law, it is still technically illegal under federal law. Federal authorities in recent months have primarily targeted marijuana dispensaries and facilities for shut down. This inevitably affects medical marijuana patients by limiting their access to medicine. However, patients have also been directly impacted, both by criminal and civil actions across the country – underscoring the need for patients who are facing legal action or who have been discriminated against as a result of their use to seek solid legal counsel.

One example recently was the case of a Michigan man who worked for Wal-Mart. The married father of two was diagnosed with an inoperable brain tumor and cancer and was taking marijuana as prescribed by his doctor. He continued to work as an inventory control manager at the facility, but he was promptly fired after testing positive for marijuana three years ago. Wal-Mart had argued that his use of the drug interfered with the store’s safety policies. Unfortunately, a Michigan appellate court recently agreed. It’s not clear yet whether the man will appeal the case to the state’s federal court.

But as the recent story in Los Angeles shows, the use of medical marijuana is no more an impediment to being a functioning parent, employee and citizen than the use of any other prescribed medication.

If you are facing legal action as the result of your medical marijuana use, we can help.
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The federal crackdown on California marijuana dispensaries continues, the most recent efforts taking place in Long Beach, where local police and agents with the federal Drug Enforcement Administration teamed up to raid 7 dispensaries and make 40 arrests.

Los Angeles marijuana lawyers understand that it’s part of local leaders’ efforts to shut down every single marijuana retailer within city limits, in accordance with ban that is currently in place.

The measure, spelled out in Long Beach Municipal code Chapter 5.89, bans all medical marijuana collectives from operation in the city. However, the measure was deemed by a Los Angeles Superior Court judge to be preempted by state law, and therefore invalid. The judge had said the ban was almost identical to a ban in L.A. county that had already been struck down.

The decision essentially struck down the city’s power to force dispensaries to close. (City officials deny this interpretation of the ruling, arguing that other state courts have refused to issue injunctions on municipal pot shop bans.) Regardless, what the ruling could not do was alter federal law, which identifies the sale and distribution of marijuana for any reason as a crime.

This sets the stage for the continued barrage of assaults by federal authorities on law-abiding dispensaries.

The most recent raid occurred in broad daylight, with two of those locations targeted for alleged illegal cultivation.

One medical marijuana patient, a 54-year-old who suffers from back pain and torn ligaments, said he was present during one of the raids, as police and DEA agents came storming in with riot gear and a battering ram. He was detained and questioned for nearly an hour before he was released. When he asked police if he would be allowed to take his medicine with him, the officers denied him and said they were confiscating everything on the premises.

At least one prior raid at a dispensary in Long Beach resulted in a civil lawsuit filed over the summer, in which the plaintiff alleged the law enforcement employed excessive force. Video of that action showed an officer stepping with both feet on the neck of a handcuffed volunteer with some 300 pounds of pressure. The two-minute long video ends when another officer shatters the camera lens. This occurred at a dispensary that was complying with state law, but reportedly did not have a city permit.

In the most recent case, those arrested face charges of owning and or operating a marijuana dispensary. Three of the locations targeted were reportedly red-tagged by the local fire department as posing immediate life-safety hazards. Anyone caught going inside can be arrested for trespassing.

There was a search warrant for an eighth location, but police reported it appears the operation had been relocated.

Police have issued a warning to all still-operating dispensaries in Long Beach to immediately shut down. Any who do not, the police said, will be targeted for closure and arrest.

Dispensary owners who are struggling to provide for patients in Long Beach need to immediately secure the services of an experienced marijuana attorney who can advise them of the best way to proceed and legally insulate their operation.
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Once again, medical marijuana activists are seeking a measure that demonstrates responsible, self regulation on the industry, which is currently in limbo in Los Angeles, following the recent repeal of council’s pot shop ban.

Los Angeles medical marijuana lawyers understand that this group, Angelenos for Safe Access Committee, recently filed paperwork with the city indicating its intent to put the issue of medical marijuana storefront regulation before voters in L.A. city next spring. Among the measures proposed would be zoning limits and mandated background checks for storefront marijuana dispensary employees.

This is actually one of a few efforts initiated by members of the medical marijuana community. As we previously reported in our Los Angeles Marijuana Lawyer Blog, the Union for Medical Cannabis Patients proposed two alternative regulation plans for council members to consider. That measure included requirements to maintain proper tax records, refund excess cash to members, keep up with building codes, restrictions on hours of operation, have adequate security at night, allow local police inside at any time, restrict access to minors, limit the number of patients to 100 and bar felons from operating a facility.

This was a measure that is intended to before council for a vote. The latest measure would be something that would be put to voters. That is, if it can get enough signatures. The group is hopeful, considering the overwhelming and lightning-fast citizen response received on requests to repeal the initial ban.

The proposed initiative is entitled the Regulation of Medical Marijuana for Safe Neighborhoods and Safe Access. The ultimate goal is essentially to create some semblance of order and clear guidelines for marijuana dispensary owner where a void has been left by the repeal of the most recent ban.

Among those stipulations of the proposal:

• Those operating a medical marijuana collective would pay a business tax of $60 for every $1,000 of gross receipts. (The current tax rate is $50 per $1,000). The gross receipts would include any in-kind contributions, reimbursements or anything else of value obtained by the collective.
• Marijuana collectives would be immune to prohibition, as laid forth in Section 45.19.6.2 and the remedies spelled out in Los Angeles Municipal Code section 11.00, which include criminal prosecutions, so long as they comply with certain requirements.
• Among those requirements mandated are the provision to register with the city. Priority registration would be given to those operations that have abided by local and state laws, conduct background checks on employees and operate with the approval of their landlord.
• The collective would be required to hold a valid and current state Board of Equalization seller’s permit.
• The collective would be barred from operation within 1,000 feet of a school or 500 feet of a public park, library, child care facility, substance abuse rehabilitation center, church, youth center or another collective.

Regardless of which proposal may ultimately be successful, self-regulation is obviously preferable to the overly-restrictive policies previously laid forth by local legislators.
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The fight over medical marijuana took center stage during a recent election in Eagle Rock.

There, a battle for spots on the Eagle Rock Neighborhood Council, which advises City Hall on local issues, was highly focused on the issue, with certain fliers even promising free medical marijuana to those who voted.

Our Los Angeles medical marijuana attorneys don’t believe that backers need to resort to buying votes, considering where we are in terms of the general public’s opinion of marijuana as a legitimate form of medicine to which our ailing populace deserves safe and ready access.

Eagle Rock in particularly has been a hot-bed of controversy over the issue, with the neighborhood council in previous years standing as a staunch opponent to patients rights and petitioning authorities to do more to shut down existing shops. A ban on storefront marijuana dispensaries was supported by the neighborhood council, the city council and was formally adopted and then quickly repealed. The council had also been highly vocal in its support of federal actions to shutter several pot shops in the neighborhood.

But marijuana activists were tired of it, and they got organized. One pro-pot neighborhood council candidate penned a letter to the editor for a local newspaper, calling the entire attitude of the current council close-minded. That candidate garnered the support of the local United Food and Commercial Workers Union.

The union is working with other pro-pot shop backers to draw up a ballot measure to grandfather in the city’s oldest dispensaries. Others are hoping that city leaders can draft their own amenable compromise so it doesn’t have to go before a public vote.

As far as the Eagle Rock neighborhood council, pro-pot candidates did end up scoring two of the seats up for grabs, out of eight total. It may not be enough to turn the tide on the issue entirely, but it is certainly a start.

Candidates said they did not know who sent out the offer for free medical pot to those who voted, but it wasn’t something they supported. The city’s independent election administrator received a complaint regarding the offer and is investigating it. However, there is no indication that the offer was even valid or that it had any sway whatsoever on the election.

A similar issue actually arose in the city several years ago during an election, when neighbors voiced upset over the expansion of a large development that was being planned in the area. In that case, the developer rounded up a number of construction workers to vote in the neighborhood council election. As a reward, he offered up chicken wings and beer. However, no action was taken following that incident.

Last month, federal authorities filed civil asset forfeiture complaints against the owners of three properties in Eagle Rock where medical marijuana dispensaries operate. Raids were conducted at three other marijuana dispensaries in the area.

That move was part of a larger effort by the U.S. Attorney’s Office to crack down on medical marijuana dispensaries, which are legal per state law, but violate federal statutes. In all during the most recent effort, nearly 70 dispensary owners received a warning to close shop.
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It used to be that any call to legalize marijuana for recreational purposes was viewed as an extreme stance, held mostly by so-called hippies and drug dealers.

But now, our Los Angeles medical marijuana lawyers understand that the position is taking hold with a few prominent Republicans.

Right now in Washington state and in Colorado, which already allow medicinal marijuana, there are ballot measures on the table to legalize the drug for recreational purposes as well. And now Republicans from both states are rallying behind those measures.

Reuters reports that Washington State Senate Candidate Michael Baumgartner says he would back the sale of marijuana to people over the age of 21 in stores that are regulated by the state. He advocates that this would reduce the chances of children having access or of it being used in public places.

Additionally, former Republican House Representative Tom Tancredo, who served five terms in that position, said he endorses the legalization campaign currently underway in Colorado. He believes the government should not stop adults who choose to use marijuana.

Oregon, which also has an upcoming vote on the issue, has yet to find any Republican supporters, but advocates have been seeking one.

The issue is particularly contentious because even the use of marijuana for medical purposes has not been approved by the federal government, which deems all uses and sales illegal. While President Barack Obama had previously promised not to interfere with medical marijuana storefronts that were acting within the confines of state laws, those promises have fallen flat as officials with the U.S. Justice Department have actively sought to shutter these operations across the country – particularly in the last year in California.

As a testament to how dividing the issue is, even the top two Republicans right now – Presidential candidate Mitt Romney and his Vice Presidential pick, Paul Ryan, have differing takes on the issue.

Ryan was recently interviewed by a local Colorado television station on the issue of medical marijuana and stated that he personally feels such matters should be left to the states to decide. He said the issue was not high on the list of priorities for the campaign. He says he doesn’t personally support a total decriminalization of the drug, but still feels it’s a matter best left to state officials.

Romney, meanwhile, has been clear that he is staunchly opposed both to medical and recreational legalization. In getting testy with a reporter in New Hampshire recently, Romney said, “I have the same position this week I had last week when you asked the question,” which is that the legalization of marijuana for medicinal purposes leads to legalization of marijuana for recreational purposes. That in turn, he says, results in people being tempted to try the drug, which he views as a gateway for harder drugs, which he says will result in higher addiction rates for young Americans.

For the most part, though, presidential candidates have tried to steer clear of the issue, knowing that it is a highly contentious one that may lose them supporters either way.

However, it’s important to continue to press candidates and officials already in office regarding this issue, as it is one that affects millions of Americans. Our jails and prisons are overrun with people arrested for non-violent, marijuana-related offenses. Even those who have acted legally in the eyes of state law have been punished under federal criminal laws, and this disparity is has bubbled over into a broader public discourse about what kind of society we want to be.
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Berkely, much like Los Angeles, has been involved in a tug-of-war over the rights of marijuana dispensaries.

Los Angeles medical marijuana lawyers understand that both city and federal officials have been cracking down on the local storefront pot shops, who continue to fight back by relocating, addressing code issues and battling zoning arguments.

One case involves the Berkley Patients Group, which is the largest medical marijuana dispensary in the city, with annual revenues estimated to be around $15 million. Like so many medical marijuana operations in the state, the dispensary was targeted by the U.S. attorney’s office. The dispensary’s landlord received a barrage of letters demanding that the operation be evicted because it was too close to two different schools.

The group was forced to shut down and suspend operations in May. But they didn’t give up.

The operators are currently working to spruce up a blight-ridden lot down the street in preparation for their move-in. There has been no date given of exactly when they will re-open, but they’ve been working on the new lot since late August.

But even when they do re-open, they will almost undoubtedly face some opposition from city council, which is now targeting at least one other medical marijuana operation using fuzzy zoning laws.

According to The Daily Californian, the city contends that the Perfect Plants Patient’s Group (also known as 3PG) has been running illegally for months now. A new argument is being drawn up by staff on the Zoning Adjustments Board that the operation is in violation of multiple code violations. Among those, the board contends, is that it is operating in a commercial zone, so the structure is being used for something other than its designated zoning purpose. Plus, officials say, it’s within 600 feet of a school.

The issue of contention here is whether 3PG is operating as a collective or a dispensary. It claims to be a collective, but difference matters in terms of zoning. City records indicate that the building was approved four years ago for zoning use as a retail clothing store.

The storefront has been operational since the fall of last year, but city officials didn’t start exploring the issue until a couple residents nearby began to complain.

It’s one of at least two known collectives operating in commercial areas in the city. Why is this an issue? Back in 2010, voters in Berkley approved a measure that regulates where medical marijuana dispensaries and collectives are allowed to be located in the city. Collectives and dispensaries are not businesses, per se. They are not supposed to make a profit, and therefore, the question is whether they should be allowed to operate in a commercial area.

3PG moved to its new location after becoming aware that its previous home in Vallejo was under a 2006 moratorium that banned licensing for new medical marijuana operations.

Both medical marijuana dispensaries and collectives have a fine legal line to walk, given the sanctions sought by both local and federal officials. But they have a right to operate under state law, and our Los Angeles marijuana lawyers are committed to helping defend that right.
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An historic medical marijuana lawsuit is set to be heard by justices with the U.S. Court of Appeal for the D.C. Circuit this month. The plaintiff’s argument strikes at the heart of the federal government’s classification of marijuana as an illegitimate and illegal substance, regardless of circumstance.

Our Los Angeles medical marijuana lawyers are closely following the case, as the resulting decision could have broad implications for the federal government in its attacks on legal marijuana dispensaries and patients throughout the country.

The case has been brought by a Virginia man who was serving in the U.S. Air Force when he suffered a serious car accident. The crash left him with permanently disabled with severe and chronic pain.

At first, he was given a potent cocktail of powerful prescription drugs.

But several years later, while overseas, he obtained a prescription for medical marijuana. Finally, he found relief.

This should have been the end of the story, but then the Department of Veterans’ Affairs learned of his prescription, they mandated that he undergo a drug test, which he refused. Subsequently, the government denied him access to further treatment. Now, he’s fighting back.

Justifying the government’s stance as marijuana being a dangerous drug with no medical benefit is the Controlled Substances Act. Marijuana under federal law is classified as a Schedule I narcotic.This is the law upon which federal authorities have launched countless attacks on law-abiding citizens and dispensaries that use and provide medical marijuana for a range of ailments.

Despite this classification, a number of prominent physicians’ and medical groups affirm the use of marijuana for medical treatment. Among these are the American College of Physicians, the American Medical Association, the Federation of American Scientists, the American Academy of Family Physicians and the American Nurses Association.

The fight for legitimacy has been protracted, complex and resulted in numerous conflicting rulings at the state level. This will mark the first time the courts will hear scientific evidence as to the medical benefits of marijuana. The chief counsel for the Americans for Safe Access advocacy group has been quoted as saying that this is a rare opportunity to address the political motivations behind the policy decisions regarding medical marijuana.

This case is actually 10 years in the making. That’s when the petition was first filed by the Coalition for Rescheduling Cannabis. Numerous scientific studies have concluded that medical marijuana is an effective form of treatment for a wide range of medical conditions. Patients coping with everything from cancer to AIDS to multiple sclerosis to chronic pain have reported an easing of their symptoms from use of the drug. In fact, many doctors have indicated its an effective and often preferable form of treatment in lieu of a combination of other powerful drugs.

As the disabled Air Force veteran has said, the classification of marijuana at the federal level has caused himself and fellow patients to suffer needlessly. They’ve been hauled off to prison, denied work, refused housing, barred from owning a firearm and removed from vital organ transplant lists.

The U.S. Drug Enforcement Administration is countering the claims by saying that there are rigorous scientific elements required to qualify marijuana as a legitimate medical drug. They are relying on research by the U.S. Department of Health and Human Services, which has stated that marijuana doesn’t have any valid use for any medical condition.

But as the mountain of evidence shows, this is clearly not true.

Our medical marijuana lawyers are looking forward to a impartial review of the matter by the courts, and will be closely following the outcome.
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As the presidential election nears, it remains to be seen whether Barack Obama’s reneged promises to refrain from targeting legal medical marijuana dispensaries will have an impact.

Los Angeles marijuana lawyers realize the only thing that might be in his favor is that his opponent, former Gov. Mitt Romney, hasn’t promised anything better.

Four years ago, medical marijuana advocates, patients and entrepreneurs offered their enthusiastic support of Obama four years ago. But many marijuana voters say it feels a bit like a bait-and-switch.

Despite pledges from both Obama (during and after his campaign) and U.S. Attorney General Eric Holder not to go after medical marijuana dispensaries that were operating within the law, federal prosecutors throughout the state launched a massive campaign to do just that. Most recently, that push has culminated in raids in Los Angeles, accompanied by nearly 70 warning notices ordering downtown dispensaries to shut down.

It’s not clear exactly how much of an impact this could have on Obama. We do know that a number of those who supported him with financial donations four years ago aren’t offering him the same now.

One great example is a former patient of Harborside Health Center in Oakland. A patient interviewed by the San Francisco Chronicle was quoted as saying that in 2008, he donated $500 to Obama’s campaign, and he rallied 10 family members to do the same. Not so this year, after the Oakland dispensary was targeted by officials with the U.S. attorney’s office for being “too big.” As that patient noted, it’s difficult to vote for someone who believes you’re a criminal.

In fairness, the Justice Department did issue a directive to local U.S. attorneys not to prioritize cases in which medical marijuana dispensaries and providers were acting in a manner that was clearly in compliance with state law. But apparently, the U.S. attorneys have lost sight of priorities. That, or they have nothing better to do.

It’s unfortunately not likely that this lack of support will result in the president’s inability to secure California’s 55 electoral votes.

But he should consider that with 17 other states and the District of Columbia having legalized medical marijuana, he may be in for more of a fight than he thinks – particularly in places like Colorado, which is considered to be a battleground state.

The operator of one marijuana dispensary in Denver was saying she was immensely disappointed, after having to lay off some 20 employees due to the fact that her bank had stopped allowing her access to an account.

While Republican Vice Presidential Candidate Paul Ryan had said during a campaign stop that the issue should be decided by state governments, the Romney campaign was quick to follow that up with the assurance that both Ryan and Romney oppose the legalization of marijuana for any reason on a federal level.

Essentially, it comes down to whether Obama is the lesser of two evils. Some have described it as being torn between “disappointment or disaster.”

Take your pick.
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In the wake of the Los Angeles City Council’s ban on storefront pot shops – and its subsequent repeal of that measure – a great deal has been made about previous lost opportunities to regulate.

But Los Angeles marijuana lawyers want to be clear on one thing: It’s never been the dispensaries or the patients who were opposed to regulation. In fact, legitimate patients and operations have always welcomed and even encouraged it.

Just look at the most recent effort by the Union for Medical Cannabis Patients to initiate a replacement ordinance for the one just repealed by council members.

Now, the Los Angeles Times has published an editorial written by Lecturer Amanda Reiman of the U.C. Berkeley School of Social Welfare and a policy manager for the Drug Policy Alliance. In her piece, she addresses the many statements that have been made expressing positive reinforcement to federal authorities that are “finally taking some definitive action” to halt the “uncontrollable expansion” of medical marijuana dispensaries in the city.

She rightly points out that a lot of people see the federal government’s action as a response to the city’s inability to get control of the medicinal marijuana trade. And while it’s true that Los Angeles, like many other municipalities in California, has been snagged by numerous legal challenges, the medical marijuana community itself has been continuously working to ensure both patient access as well as community safety.

Take for example the Greater Los Angeles Collective Alliance, also referred to as GLACA. This was a group of collectives that came together back in 2006 to work out some industry standards of quality control. Among the steps taken by this organization:

• Efforts to protect both patients and the communities in which they reside;
• Efforts to develop and monitor a strict set of safety and operational guidelines for L.A. dispensaries;
• Efforts to educate the local community about what medical marijuana is – and is not.

Still, federal authorities did not recognize this, or other efforts by the industry to self-regulate.

Instead, federal prosecutors with the Central District of California sent out 68 warning notices to dispensaries across the city, demanding that they either shutter their doors in 14 days or face the possibility of a civil forfeiture.

At no point did the federal authorities reach out to GLACA or other self-regulating bodies to see if any of those dispensaries was a member of the group or was adhering to certain guidelines.

Essentially, this was a slap in the face to those dispensaries that had been trying – without provocation or prodding from anyone – to establish safe communities and fair access.

As Reiman worded it, the U.S. attorneys appear to have little knowledge of which dispensaries are good and which are bad, but instead of stopping to try to figure it out, they are essentially plowing over all of them with a bulldozer, thereby violating state law and ultimately, the will of the people of California.
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