Articles Posted in Marijuana Lawyer

With the federal government barreling forward in its efforts to shut down nearly every medical marijuana dispensary in California, it’s now taking on one that has been billed as the world’s largest.

Our Los Angeles medical marijuana lawyers understand prosecutors are now after Harborside in Oakland, which reportedly serves some 100,000 ill patients and has grabbed the national spotlight in the Discovery Channel’s “Weed Wars.”

No doubt, the notoriety has informed at least some of the federal government’s decision to go after the center. And here’s the thing: While it should be perfectly legal to showcase your LEGAL operation and industry on national television or in any other outlet if you so choose, the fact is, the current climate makes it an unwise move at this juncture, legally speaking.

That’s not to say there is no public service provided by this type of programming. In fact, it normalizes what those on the outside might see as some sort of shady, under-the-table, back-alley business. When people have a chance to see what actually goes on behind the scenes, it becomes less scary, more acceptable.

But that exposure has to be tactical and informed by the advice of an experienced marijuana lawyer because by the same token, that show has likely opened up this organization to the unwanted attention from federal prosecutors.

In fairness, that’s not to say prosecutors wouldn’t have come after Harborside anyway (particularly if they were indeed the, ‘world’s largest,’ which we don’t have any independent proof of). Indeed, prosecutors have launched a relentless attack on growers and dispensaries since late last year.

A spokeswoman for the U.S. attorney for the Northern District of California was quoted as saying that the larger the operation, the more likely it is to run afoul of the law, with marijuana falling into the hands of those who don’t have a legitimate need.

Of course, this argument holds no legal weight because nowhere in state law does it say that marijuana grow operations must stay under a certain size. What’s more, prosecutors provided no evidence other than to suggest the facility is breaking any state laws – despite the government’s promises not to go after dispensaries that were in compliance with local ordinances and regulations.

For its part, the clinic has said it has nothing to hide and intends to fight off any legal challenges.

The tactic prosecutors are taking in this case also isn’t uncommon: forfeiture.

Civil forfeiture action has been filed against Harborside’s two properties. Operators of the facility have vowed to remain open and serving patients unless they are physically prevented from doing so.

The closure of this facility would not only impact a large number of chronically and acutely ill patients, it would result in the loss of about $1 million in tax revenue as well as about 150 jobs.

The bottom line is that media exposure can be good for the medical marijuana movement – but you must be informed about what that exposure could mean, and tread carefully.
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The three officials embroiled in a votes-for-cash scandal involving the opening of a marijuana dispensary in a Los Angeles suburb have agreed to guilty pleas on charges of extortion and bribery.

Los Angeles marijuana lawyers understand that each of the three former officials from Cudahy face the possibility of a 30-year maximum prison sentence under federal law.

While this case made headlines, the reality is that such scenarios are not shocking and likely happen far more often than you might think.

What happened in this situation was that a councilman, mayor and acting city manager reportedly pursued and accepted bribes of several thousand dollars in exchange for their support of a local marijuana dispensary, which would have been the first in the city.

It’s an unfortunate case all around because while these three have lost their careers and their freedom, it makes it seem as if the medical marijuana industry is something that can only gain support through ill means.

In actuality, these are operations that cater to those who are suffering from acute and chronic illnesses. The medicinal benefits have been well-researched and documented. There is no need for these back-alley deals.

However, it’s likely given the current tide of anti-marijuana propaganda and legal action sweeping down from the federal government that would-be dispensary operators feel trapped. As it turns out, the politicians were actually soliciting funds from an undercover informant for the Federal Bureau of Investigation. If you own a dispensary or are trying to kick-start an operation, this just further highlights how critical it is for you to have an experienced Los Angeles marijuana legal team on your side. Despite the ongoing federal crackdown, state law has issued the right of dispensaries to operate and of patients to seek their services – but it has to be done within the confines of state law and local ordinances.

In this case, Councilman Osvaldo Conde reportedly approached the dispensary owner with a proposal that would have resulted in a portion of the operation’s proceeds going to himself, as well as Mayor David Silva and acting City Manager Angel Perales – in exchange for support for the dispensary’s opening. It would have made this dispensary the first to open in Cudahy.

The informant reportedly paid the three officials a total of $17,000 in cash in exchange for their permitting support.

Prosecutors have indicated that both the former mayor and acting city manager have admitted their roles in the alleged scheme, saying they did in fact engage in corrupt behavior.

As it turned out, the former mayor, who had served on council for more than two decades, reportedly also admitted to taking bribes from a number of officials, including a developer who was hoping to purchase city land at a discounted price.

And the city manager? He reportedly admitted to being a “bag man,” meaning that he regularly took bribes on behalf of the other two, adding that elections fraud had been committed in the 2007 election.
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Marijuana dispensaries aren’t the only entities grappling with the federal crackdown of medical cannabis in California.

Municipalities, like Imperial Beach, are wrestling with whether regulation of dispensaries – which they view as a necessity – is going to put them at odds with federal government, and possibly even expose local government employees to the risk of prosecution on federal drug charges.

Our Los Angeles marijuana attorneys know this was never the scenario that California voters intended when they approved legalized use and distribution of marijuana for medicinal purposes with Prop. 215 in 1996.

We certainly understand that city officials want to be cautious, given the drastic actions taken by federal prosecutors – including full-on SWAT raids of dispensaries, civil eviction actions and tax complications involving the Internal Revenue Service. Despite pledges that they would only go after those dispensaries that had flagrantly broken local laws and ordinances or were operating within a stone’s throw of a school, they have gone seemingly wild in terms of their pursuits.

However, dispensaries do have a right to operate under the terms of state law. This is the climate in which Imperial Beach is faced with its decision.

Actually, the only reason action is being considered is because marijuana advocates gathered enough signatures to force the city to consider what has been termed the Safe Access Ordinance of Imperial Beach. These are individuals who support dispensary regulation, which would ultimately strike down a ban on dispensaries that was passed by the council a year ago.

The city says it’s concerned about removing the ban and enacting marijuana regulation, due to the recent ruling of Pack v. City of Long Beach, in which the Second District Court of Appeals determined, in part, that regulation of marijuana dispensaries is preempted by federal law. City attorneys say this could open up employees for prosecution under federal law.

Representatives of the Americans for Safe Access advocacy had requested that the city remove the ban on the basis of interpretation of the Pack decision to mean that any legal action taken against dispensaries prior to that decision was legally nullified. The city denied that request, but will soon have to consider the regulation aspect.

The fact is that the Pack decision is often used as a legal scare tactic or excuse, and there’s nothing that expressly states that city officials can be prosecuted for following state law.

Truthfully, until the issue of legal medical marijuana reaches the state Supreme Court – and possibly even the U.S. Supreme Court – legality for dispensary operators is going to to remain muddy. The best way for these operations to insulate themselves from action is to consult with an experienced marijuana lawyer.

While it is true many of these operations have been shuttered by the government, many more remain open. Those that are most likely to succeed are going to be those backed by solid legal advice.
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A bill that would have created a state-wide regulatory agency for medicinal marijuana has been tabled – for now.

As our Los Angeles marijuana lawyers understand it, AB2312 is being put on the back burner until next year, as Democratic Assemblyman Tom Ammiano sought to save it from being killed in committee debates.

This landmark bill would have established an official, statewide “cannabis commission,” and would have given local municipalities the authority to impose a tax of up to 2 percent on medical marijuana sold there. Given the fact that in California, we’re talking about a $1.3 billion industry, this would have meant a clear advantage for struggling local governments, many of which are on the verge of bankruptcy and massive lay-offs of teachers, police officers and firefighters.

Ammiano, from San Francisco, had impressively managed to push the bill through the state legislature in June.

The fact that it had to be halted is disappointing, but we can certainly understand, given the contentious climate surrounding the entire issue, and the concessions that were being force-fed into the bill by conservative politicians – namely, one that would have allowed individual cities to ban dispensaries altogether in their districts.

As it stands, there are already more cities with bans then regulations, so this clearly didn’t bode well for the future of the measure, at least as it currently stood.

Formally, the bill will remain in the Business, Professions and Economic Development Committee, where members will hold more hearings and issue a full report on the matter, following the conclusion of the current legislative session.

Since the Department of Justice announced late last year that it would be directing federal funds and resources targeting pot shops in the state, hundreds of dispensaries and collectives have been forced to shut down, resulting in even greater job losses in a state that is already hard-hit by the flailing economy.

Part of the federal prosecutors’ argument for going after pot shops here with such a vengeance, as opposed to those in other states like Colorado, is the lack of a statewide regulatory agency.

Of course, this doesn’t take into account that as the first state to approve medical marijuana back in 1996, we had no precedent for what worked and what didn’t. Other states have learned from our earlier missteps, using them as building blocks upon which to create their own medical marijuana legislation.

But as Ammiano’s spokesman recently pointed out, moving forward with the creation of a statewide regulatory agency would pull the rug out from under any credible argument the federal government might have had in pressing forward with their assault on medical marijuana in California.
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The issue of municipal regulation of medical marijuana in California is set to be heard by the state’s Supreme Court in the coming months.

Pack v. City of Long Beach is the case, and our Los Angeles marijuana lawyers, like almost everyone, understand that this case is going to be critical in determining what rights a local government has to regulate the marijuana industry within its own limits.

This is huge in California because although state voters approved the legalized cultivation, purchase and possession of marijuana for medicinal purposes, it is still considered illegal under federal law and there was never a statewide agency established to regulate it. That has left it all up to the local governments, and the result has been wide ranging inconsistencies in interpretation and application of the law.

One factor that is playing a huge role in all this is the federal crackdown on the industry, and threats from U.S. prosecutors to come after cities that do try to regulate. Federal attorneys say this is akin to approving violations of federal drug laws.

For the most part, municipalities have been erring on the side of not crossing the feds. Even some places that have enacted bans aren’t moving forward with any litigation for violation of those bans, as they’re awaiting the ruling in Pack v. Long Beach, which should settle the issue of cities’ authority in this matter.

However, the city attorney for San Francisco, in an amicus brief written to the Supreme Court on the issue, is imploring the justices not to invalidate the city’s rights to regulate. in his brief, City Attorney Dennis Herrera said that to do so would force the city to either to ban medical marijuana cultivation and sale (which comes with a host of tricky, legal quagmires because California voters had already settled the issue of legality way back in 1996) or be forced to allow dispensaries to run wild without regulation – considered a poor alternative absent a statewide regulatory authority. As we recently reported in our Los Angeles Marijuana Lawyer Blog, a bill that would have created a statewide regulatory agency has been halted until next year’s session.

Herrera’s brief implored the justices to allow cities to establish regulation based on the tailored needs of the individual community.

In the Pack case, a would-be collective filed suit against the City of Long Beach, alleging that the lottery by which the city selected which dispensaries would be awarded permits was a fraud. The Superior Court sided with the city, and when Pack appealed, the California Court of Appeal ruled that the local ordinance was preempted by federal law, namely the Controlled Substances Act. In other words, the city’s lottery was illegal – but only because it was illegal under federal law. In that ruling, justices granted Pack’s injunction to stop the permitting of marijuana collectives across the state.

Some have resumed the process after the state Supreme Court agreed to a review., while others have maintained that status quo moratorium.

In his brief, Herrera wrote that the issue is whether local governments should be allowed to “fulfill the promise of California’s Compassionate Use Act, which voters enacted in 1996 to ensure the safe availability of medical marijuana to those in need.

He went on to defend San Francisco’s system of regulation, which he said effectively balances the needs of caregivers and patients with neighborhood concerns of safety.
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Our Los Angeles marijuana criminal defense lawyers have heard the many arguments made by anti-pot law enforcement agencies, purporting that the mere presence of medical marijuana breeds crime.

As we recently reported in our Los Angeles Marijuana Lawyers’ Blog, we know the statistics simply don’t bear out that theory.

However, it does appear that the Los Angeles Police Department is grappling with a number of drug-related problems of its own.

The latest incident involves a 35-year-old, six-year veteran of the force who was arrested on felony possession of narcotics, as well as two counts of filing false police reports and one count of receiving stolen property. He pleaded guilty to those charges, resigned from the force and was recently given a sentence of six months in jail.

The charges reportedly stem from an incident in which he allegedly stole marijuana from someone he pulled over in a routine traffic stop. It’s not clear if the person who had the marijuana had a prescription for it, but the officer reportedly wrote his report in such a way as to omit the fact that he had taken possession of the drug.

Investigators received a tip about the theft, and subsequently searched the deputy’s home after a six-week investigation. They reportedly found the marijuana at his residence, and he confessed.

In addition to his six months behind bars, he will serve five years of probation upon his release.

His arrest came just a handful of weeks after three deputies were convicted and another fired for trying to smuggle drugs into inmates at the L.A. County Jail. In one case, a 27-year-old sheriff’s deputy pleaded no contest to allegations that he used a burrito to smuggle drugs inside the jail.

Of course, this follows the recent revelation that the mayor and two public officials in Cudahy were arrested on allegations of attempting to solicit bribes from a local marijuana dispensary in exchange for their vote.

At issue here is not so much the presence of the marijuana. In fact, since 2010, possession of small amounts of marijuana has been reduced from a misdemeanor to an infraction, punishable by a $100 fine.

The bigger issue for this officer is that it was stolen and he lied about it. The truth of the matter is, medical marijuana dispensaries can be held no more responsible for that kind of action than a high-end jewelry store or a bank can be held responsible for a robbery.

Crime is only perpetuated when the industry is forced underground.

With regulation comes trackability and accountability. As our local leaders and courts move forward in weighing the merits of this issue, the question needs to be not if we should maintain accessibility to medicinal marijuana, but rather how we should do it.
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Los Angeles marijuana lawyers know our clients have been battling an image problem for years, with countless politicians painting them as criminals.

The truth, however, is that medical marijuana dispensaries in California are providing an invaluable – and legal – service to the ill and infirm. And as it turns out, on more than one occasion, it’s the politicians who are the real crooks.

Take, for example, the recent arrest of Cudahy Mayor David Silva. The 61-year-old, along with a council member and a code enforcement official, ages 50 and 43, are accused of pressing for and accepting payments in excess of $17,000 – in exchange for their vote in favor of medical marijuana within the city.

Cudahy, which is just southeast of Los Angeles, was dealing with what almost every municipality in the state has been dealing with, albeit on a smaller scale. The question was on the table about whether city officials should allow the opening of a medical marijuana store there – Cudahy’s first.

The city was toying with the idea of whether to grant one or two permits. But it appears they weren’t willing to do so for free.

It’s not clear exactly what sparked the inquiry by the Federal Bureau of Investigations, but we do know, according to the U.S. Justice Department, that the officials met with an undercover informant at a local nightclub recently. While there, they reportedly accepted a down payment of $15,000. Another of the three men accepted an additional $2,000 down payment.

One of the councilman was quoted by the informant as saying that there are three parts to “this game,” by which he presumably meant elected government. He went on to say that the city council members were not “typical,” and that they “deal with people that throw money down.” It appears the three thought they were dealing with a representative of a dispensary.

Each of them is facing federal bribery charges, which could result in prison terms of up to 10 years if convicted.

According to the city manager, the mayor and council member are part-time employees. The code enforcement official, who reportedly brokered the deal, has resigned.

While the case is sensational, it’s not shocking. Marijuana lawyers know that at a time when dispensaries, clinics, collectives, growers and patients are all being pressed on their rights, there are going to be those who aim to take advantage of the situation. However, it’s important for each of these individuals to understand that if you’re pressed for money by a public official of any kind, your first call needs to be to a skilled Los Angeles marijuana lawyer. As in this case, police involvement may be possible, but law enforcement is not going to ensure your interests are protected throughout the course of the investigation. Your lawyer will.

As part of their investigation in this case, FBI officials have severed a federal subpoena at City Hall, where they are demanding access to documents relating to recent elections, including the ballots in this city of 24,000.
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City officials in the Los Angeles area are trying a new approach to shut down legal marijuana dispensaries: Gouge them in fines.

As our Los Angeles marijuana lawyers understand it, officials in Upland are mulling an administrative policy that would impose a fine to a marijuana dispensary for every day that it violates city zoning code. The problem is that the city’s current zoning restrictions prohibit medical marijuana dispensaries from operating anywhere.

Over the last several years, seven of Upland’s marijuana dispensary owners have taken the city to court, resulting in more than $500,000 in taxpayer money spent in legal fees.

The most prominent of those is G3 Holistic, which has been embroiled in the dispute for the last two years.

If the measure is approved, it’s not exactly clear how much the daily fine would be, but considering the city’s goal is to force these legal dispensaries to shut down, bets are it will be rather significant.

Marijuana attorneys understand that those trying to run legitimate businesses are being targeted by special interest groups that have skewed the facts and fallen prey to fear mongering.

G3 is a prime example. There, the owner and employees were arrested recently, following a federal raid of the property. Officials say the center was illegally trafficking marijuana. Those arrested have all pleaded not guilty.

Attorneys for the company say it’s obvious that city officials had a hand in requesting federal government action on G3, after the dispensary was successful in winning an eviction case in late May against its landlord in the West Valley Superior Court in Rancho Cucamonga.

That court victory meant that the dispensary could continue to operate.

City officials insist they had nothing to do with the federal raid roughly two weeks later.

G3 is also challenging the zoning rules in a court case that the state’s Supreme Court has agreed to hear. However, attorneys for the dispensaries allege that the federal raid was a preemptive strike that would make the state case irrelevant, as the federal government’s authority supersedes the state’s.

Those in the U.S. Attorney’s office deny claims that there was any influence or ulterior motives – but their argument is half-hearted.

As of late June, the brothers who owned and operated G3 continued to remain in federal custody.

Their operation has essentially been shuttered for now, which means that Upland city staff’s proposed fines would affect the other, mostly smaller dispensaries that have thusfar been able to cling to existence.

The city manager was quoted by a local newspaper as saying he is confident that the fines would have a “mitigating effect on illegal conduct.”

The city manager may not have heard, but medicinal marijuana has been legal in California since 1996.

City officials were quoted as saying they were concerned that the fees could land them in court. Our Los Angeles marijuana attorneys expect it almost certainly will.
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Our Los Angeles marijuana lawyers have been following the developments out of northern California, where the city of San Leandro has issued a one-year ban on pot clinics.

This disappointing news comes as the City of Los Angeles is still weighing whether to issue a ban on medical marijuana here as well.

According to the San Jose Mercury newspaper, the ban was reportedly handed down as a “compromise.” The mayor had contended that essentially that they had to split the baby, as advocates on either side of the aisle were disappointed.

Medical marijuana advocates were upset that their access to legal medicine had been effectively stripped, while those who are anti-pot felt the measure should have been permanent.

This situation illustrates once again how officials are attacking medicinal marijuana from nearly every angle. For dispensaries and clinics placed on the offensive, hiring an experienced marijuana lawyer to protect your interests is an invaluable investment.

City officials say this ban in San Leandro will provide city leaders the opportunity to see how the pending court decisions unfold.

The courts – and municipalities – have essentially had split personality disorder when it comes to what kind of regulatory role local governments can take on.

The council in this northern California city was sharply polarized on the issue, and on how they should respond. A moratorium on new marijuana dispensaries was already in effect, and was set to expire on September 30. That meant the council was pressed to act about whether to allow the moratorium to expire, extend it or create an outright ban. It had already been extended twice.

They chose the latter, but with the stipulation that they would revisit the issue in a year. That may not sound like long to them, but for those patients who are suffering and must now either travel longer distances to obtain their medicine or be forced to forgo it altogether, a year is a very long time.

Still, it could have been worse. City staff had recommended that council completely and forever ban the sale of marijuana inside city limits. Instead, this ban will last until the end of June next year, at which time they will revisit the issue once again.

Those who were gunning for a total ban cited the police seizure of more than 17,500 plants (or roughly 280 pounds) since last year. About 85 percent of those were reportedly grown in residential neighborhoods, according to the police department, which also claimed the grow operations were to blame for a number of fires in the city.

However, the answer is not a ban or even tighter restrictions. It’s smarter regulation. Making clear what the rules are and then giving people the chance to follow it.
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It may come as no surprise that Tommy Chong – of the infamous Cheech and Chong duo – has come out as a strong advocate in support of legalizing marijuana in California.

However, our Los Angeles marijuana lawyers know it’s not simply for his notoriously excessive recreational use.

According to various media sites, the comedian is currently being treated for prostate cancer. Part of his treatment, he says, includes medicinal marijuana.

The 74-year-old revealed that he has been treating his ailment, in part with marijuana and hemp oil. Legalization, he said, means a great deal more than simply being able to smoke without being arrested.

It was reportedly while serving a jail sentence for sale of drug paraphernalia several years ago that he firs began to notice some symptoms of the cancer. However, he wasn’t diagnosed until just recently.

He told CNN that he does not smoke the drug for recreational reasons any more, for various health reasons. He does, however, use the hemp oil in the evening to relieve some of his cancer-related symptoms.

Chong now understands what many medical marijuana patients have known for years: that the drug is effective in relieving symptoms such as vomiting and nausea and improving appetite for people who suffer from AIDS and cancer. That was proven by the American Cancer Society, and it has been approved for the U.S. Food and Drug Administration for exactly this purpose.

Many medical doctors have come out in support of marijuana for treatment of these ailments, saying you could pile a person up on powerful pain medications, and still not get the same kinds of benefits you would with medicinal marijuana.

It is this kind of treatment that gets to the heart of the argument about bans on dispensaries and the onslaught of attacks on patient rights. People deserve to decide, in conjunction with their medical doctor, what kind of treatment is best-suited to his or her unique situation. Sometimes, that involves marijuana. Sometimes not.

However, making it difficult or nearly impossible to find the medicine that works the best is a tactic that serves no one.

Chong may be an unsurprising advocate, but many professionals – judges, police and legislators – have come out in support of this. It’s not a fringe movement. But battling every aspect of it – from the federal crackdown to the municipal bans to the low-level possession charges for patients – all of it requires an attorney with extensive skill and experience.

Chong reportedly has stage 1 cancer, which means it is slow moving and was likely caught before it reached a considerable size.

We can expect in the coming years a greater number of those in high-profile positions to come out in support of medicinal marijuana, as its use gains wider acceptance among those not only within the medical community, but the greater population at-large.
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