Articles Posted in Marijuana Lawyer

Orange County marijuana lawyers had been closely following the federal lawsuit filed by four disabled patients who sued, saying that the closure of medical marijuana dispensaries in Orange Country and throughout the state violated their rights.

Now, a federal appeals court has rejected that claim, which they had based on the federal Americans with Disabilities Act. They claimed that given their gravely ill status, and in accordance with state law, they should be allowed to access medical marijuana. To prevent them from doing so, they argued, was a clear violation of their rights.

While our Orange County marijuana attorneys agree – and are thoroughly disappointed by this ruling – it’s important to note that this was simply one approach that failed. There are other arguments that can be made in efforts to carve out exceptions to federal laws that make it a crime to possess, use or sell marijuana.

In fairness, the justices on the federal appeals court panel did have a difficult decision legally. On the one hand, you have the state’s Compassionate Use Act, which was passed in 1996. This was the legislation that allowed severely ill patients to obtain and use marijuana for medical purposes with the approval from a doctor. However on the other hand, you have federal laws that state the possession, use and sale of marijuana is illegal.

The justices voted 2-1 against the plaintiffs.

Similar cases in the past have also been rejected. Back in 2001, the U.S. Supreme Court ruled against the Oakland Cannabis Buyers’ Cooperative, which had argued that it was justifiable to break federal law based on the doctrine of medical necessity.

Then in 2005, another Oakland patient argued that Congress shouldn’t have the authority under interstate commerce laws to regulate marijuana that was non-commercial and locally grown. That argument was rejected as well.

In this current case, which was heard in the 9th Circuit, Orange County medical marijuana patients were fighting for the right to sue both Lake Forest and Costa Mesa. Both cities had been proactive in shutting down medical marijuana dispensaries.

The patients argued that their use of medical marijuana should be covered under the disabilities act when it is overseen by a licensed physician.

However, the appeals court instead ruled that while it recognized that the plaintiffs in this case were seriously ill, it could not justify approving their use of medical marijuana. They claimed that the only exceptions to the federal law are spelled out in the U.S. Controlled Substances Act. That might allow for experiments using the drug, but not standardized use under state law.

This is a missed opportunity, to be sure, but the fight is far from over. The patients are considering filing an appeal.

In the meantime, there are a number of other cases involving shuttered dispensaries that are pending.

Our Orange County marijuana lawyers stand ready to defend those dispensaries, collectives and patients who are being targeted in this aggressive federal campaign.
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Los Angeles medical marijuana lawyers have been troubled by the flurry of federal raids on legal, legitimate Los Angeles marijuana dispensaries.

It started last fall, with the announcement by federal authorities that they intended to crack down on pot shops that were supplying large amounts of pot and those specifically located near parks, playgrounds and schools.

Of course, as we know, the scope of those aggressive prosecution tactics has gone far beyond what was vowed, even at the time, which ran contrary to the promises made by then-presidential candidate Barack Obama.

However, what a lot of these agencies are missing is an emerald opportunity: Making money. We’ve touched on this issue in previous entries on the Los Angeles Marijuana Lawyer Blog.

We’ve looked at how some cities in California, such as San Jose, have even gotten it right by enforcing a 7 percent sales tax, which is expected to generate some $3.5 million annually.

What we haven’t explored is how other countries are using marijuana cultivation to help pull them from the depths of this recession.

Take, for example, a little town called Rasquera, which is in Spain. There are about 1,000 residents, who last month voted to help free themselves from crushing debt by sanctioning the government-growth of marijuana.

While some in the Spanish government have said that this move is illegal, the idea for the residents is to rent about 17 acres of land to grow marijuana for purposes of both therapeutic and recreational use. This will in turn be sold to the Barcelona Private Cannabis Association.

Not only will this venture create some 40 new jobs, it’s expected to generate an estimated $1.3 million over the next two years, which will be enough to pay off the town’s entire debt.

In Spain, as in California, residents are suffering from high unemployment stemming from a deep recession. Such a move makes perfect sense.

And it makes sense here too.

Of course, there are some who argue that taxing the sale of medical marijuana is akin to sanctioning it, which they don’t want to do. Their take is that marijuana is a gateway drug, and taxing it would mean just the first step in the of statewide approval of stronger drugs like cocaine and heroin.

But the truth is, marijuana is believed to be the second-most profitable cash crop in the country – just behind corn.

Legalizing it by imposing a tax in turn reduces the risks that street sales impose. Not only does that improve the quality of life by reducing crime, it keeps our prison populations in check – which also saves us a bundle.

Municipalities that have learned how to work – rather than against – their local marijuana dispensaries will find themselves expending less wasted time and energy on useless policies that are bound to fail anyway – and more time stacking up the green.
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Our Garden Grove marijuana lawyers had recently reported on the police request made in the last several weeks, appealing to federal authorities to help with crackdowns on Garden Grove marijuana dispensaries.

This was disappointing, to say the least.

However, our medical marijuana defense lawyers were encouraged to see that patients, dispensaries and advocates had banded together to stage a protest in front of City Hall. Several also scheduled time slots to speak to council members regarding law enforcement’s request.

Carrying signs attesting, “I am not a criminal,” and purporting that marijuana is the “safest drug ever,” the protestors bravely stated their case before council.

As one supporter pointed out to council members, having marijuana collectives in Garden Grove does more than simply ensure that this vital service is provided to sick patients. It reduces the chances that the city might be overrun by drug cartels, which won’t discriminate when it comes to whether a person has a prescription or whether or not they are of a legal age to purchase.

At the previous city council meeting, members heard from a myriad of residents who complained that Garden Grove was being overrun by dispensaries. Council members then turned to the police chief, who responded that members of his department would be in touch with federal authorities for help in dealing with the matter.

So in fact, the issue of Garden Grove marijuana dispensaries wasn’t even one that council members had intended to debate. However, when word spread about the discussion, medical marijuana supporters showed up in droves, allowing council members to see an entirely different point of view on the issue.

What is interesting to note is what actually WAS on the agenda: a property tax hike in order to help the city pay for its ambulance and paramedic services.

The reason this is interesting is because Garden Grove, like many California municipalities, is clearly struggling financially. However, it has not turning to the solution that is right in front of it: the marijuana dispensaries. These are organizations for which a revenue tax could create a substantial income source for city governments.

What’s more, dispensaries have the latent effect of driving down crime and providing for chronic and terminally ill patients.

Instead, the city is taking dollars from already-burdened California homeowners to scrounge together $1 million to make sure an ambulance will still respond if someone is suffering from a medical emergency.

In fact, a recent story in the Sacramento Bee addressed this very issue. The City of San Jose is actually reaping significant rewards for allowing marijuana dispensaries there to operate without issue. The city’s finance department reported that a 7 percent tax had raked in about $290,000 to the city – within the very first month. Over the course of the next year, that’s projected to mean about $3.5 million.

Now, that’s not to say that gouging these operations is Ok. Rather, let these dispensaries be part of the solution.
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Los Angeles marijuana lawyers know that doctors prescribe medical marijuana in Los Angeles for a wide variety of reasons.

Nearly at the same pace that federal agents are raiding California medical marijuana dispensaries, it seems we find new and useful purposes for this organic plant.

A recent study published in the Canadian Medical Association Journal found that medical marijuana greatly eased the symptoms of pain and stiffness in patients suffering from multiple sclerosis.

According to The Los Angeles Times, the researchers recruited dozens of multiple sclerosis sufferers. They all reported experiencing problems with something called “spasticity.” This is essentially involuntary muscle spasms and stiffness, which are common symptoms for sufferers of MS. A lot of them also reported having severe back pain.

The scientists then separated the research pool into two groups. The first group was given marijuana. The second group was given a placebo, which is a substance that would make patients think they were using marijuana, when really they were not.

Each group was additionally subjected to a cleansing period of more than 10 days in which neither substance was taken.

Within an hour after smoking either the marijuana or the placebo, the patients underwent a series of tests. They were measured for muscle tone in their hips, knees and elbows. Additionally, they were given a speed walking test, a cognitive function test and a pain memory test.

The patients who were given actual marijuana reported that they felt the spasticity symptoms had markedly improved. We should note that researchers found no actual change in range of movement, but it certainly says something about perceptions of pain reported by the participants. And sometimes, perception can be everything when you’re just trying to get through the day completing your everyday, basic functions such as cooking dinner or bathing yourself.

Those who had smoked marijuana additionally reported some level of cognitive impairment. Of course, this would be expected. Researchers say they plan to conduct further testing to see whether it’s possible that less than a full joint of marijuana may offer the same positive aspects without creating as much of a “high” feeling.

Our Los Angeles marijuana lawyers would note too that many patients have reported being able to eliminate that “high” feeling by administering the drug in a pill form, rather than simply smoking it.

The point, of course, is that for all of its medicinal benefits, it is unfortunate that the legal community can’t recognize what the medical community already has: That there is a great deal of potential in this drug to be used for a host of illnesses and pain issues. What’s more, it is considerably less expensive and better for you than taking a rainbow of toxic, highly-addictive, prescription painkillers.

The taxpayer resources being currently spent on raiding Los Angeles marijuana dispensaries should instead be funneled into research that could serve to actually benefit our ailing populous.
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Our medical marijuana lawyers are disappointed at yet another medical marijuana raid – this time against a marijuana dispensary in Fontana.

According to The Contra Costa Times, this raid involved both federal and local authorities, who busted in and effectively shut down a medical marijuana clinic on Base Line.

What’s worse is that this is just the beginning for Fontana marijuana dispensaries. News reports have quoted law enforcement sources as saying that this will be the first of eight dispensaries that authorities plan to close down in the coming days and weeks.

Our Fontana marijuana defense lawyers are outraged that once again, authorities are targeting businesses that are providing a legitimate and legal service to patients who are terminally and chronically ill. We stand prepared to defend the rights of these operations from the tyranny inflicted by government agencies intent on playing dirty politics in the name of public safety.

The truth is, we are no safer when valuable taxpayer resources are wasted tearing down legitimate businesses. We were the first state to establish the legalization of medical marijuana in the country back in 1996. We should be setting the precedent for how these operations can be safely, effectively and legally run in our communities. Instead, we are battling the authorities who insist on bucking the will of the people.

In this case, the target was Holistic Meds RX. Sheriff’s deputies and agents with the federal Drug Enforcement Administration approached the business, guns drawn, around 9 in the morning.

A customer later told a reporter that he went inside, not realizing there was a raid, and had a gun put to his head. Agents ordered him to the ground.

Also inside were an armed security guard and two employees. No arrests were made, and everyone inside was eventually let go.

Agents found what they likely expected to find: a display case with some 50 different kinds of marijuana. There were also brownies, drinks, crackers and other food items containing the drug.

The clinic has reportedly been in operation about seven months with no business license. However, the business wouldn’t have been able to get a license even if it tried because the city won’t authorize medical marijuana operations – which are legal under state law.

Officers reportedly spent several hours combing through paperwork and seizing drugs and other evidence. Agents said other Fontana marijuana dispensaries should consider themselves warned.

The customer inside at the time of the raid (a Vietnam veteran suffering from rheumatoid arthritis) later commented that police were simply forcing patients to seek relief on the black market.

Other customers praised this dispensary’s clean, professional environment, saying other locations made the transaction feel more akin to a drug deal than a pharmacy trip. And that’s exactly what we’ll be seeing more of if we don’t continue to fight these cases aggressively, one by one.
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Los Angeles Marijuana DUI Lawyers have been closely following the developments out of Colorado, where lawmakers had been debating whether to impose a legal limit to how much THC a person could have in his or her system before getting behind the wheel.

Here, marijuana DUI is covered under California Vehicle Code Section 23152. Basically what that says is that you can’t drive under the influence of alcohol or drugs.

However, proving that you are is a different matter, particularly when it comes to medical marijuana, as the drug stays in your system for days if not weeks after consumption.

Colorado, like California, has established legalized marijuana for medicinal purposes. Colorado, like California (at least to some extent), has faced similar federal crackdowns in which federal authorities target providers of medical marijuana.

Given that several other states that have legalized medical marijuana have actually been successful in passing measures like the one being debated in Colorado, it would behoove supporters of medicinal marijuana to be aware that similar legislation could be introduced here.

Thankfully, the measure in Colorado was voted down. It was the third time the issue came before the legislature there, and it likely won’t be the last time.

Here’s what it would have proposed:

That anyone caught driving with more than 5 nanograms of marijuana in their blood stream could be convicted of a marijuana DUI. It seems very straightforward, and of course, law makers do have a legitimate interest in promoting public safety.

But here’s the thing: Not only would this measure have been redundant and unnecessary, it would have actually increased the likelihood that innocent people would be serving jail time. Plus, it would not have made the roadways any safer.

To explain this a little further, you have to first understand how marijuana affects the system, versus alcohol.

When a person consumes alcohol, that substance remains in his or her body for about 24 hours, if that. Then it’s gone. So that means that if someone is found to have a blood alcohol level that is over a certain percentage (in most cases, 0.08 percent), that person is deemed to be impaired, and it’s pretty safe to say he or she recently consumed alcohol.

Marijuana, though, is different. It remains in your system for days or weeks. And what’s more, someone who uses it for medicinal purposes could have a very high blood content of THC – and yet wouldn’t be impaired whatsoever. What’s more, police would be compelled to arrest a person even if he or she showed no signs of impairment.

State law already expressly forbid driving while impaired. It was just that the threshold for what constitutes impairment was more subjective than scientific. It remains so in Los Angeles.

This bill made no sense. Thankfully, it did not pass – but just barely. Apparently, the vote was tied in a nail-biting 17-17 split. The tie-breaker, who had intended to vote to pass the bill, happened to be out of town and unavailable to cast her ballot.
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Los Angeles marijuana lawyers have been watching with interest the developments originating in Connecticut, which became the 17th state (not including D.C.) which has legalized medical marijuana.

Even though using medical marijuana in Los Angeles has been legal since 1996, our state has been plagued by problems, particularly in recent months as the federal government has staged a huge crackdown affecting dispensaries and patients throughout the state.

Medical marijuana dispensaries in other states, including Washington and Colorado, have also suffered as a result of the discrepancy between state and federal law, which bears that even marijuana for medical purposes is illegal.

However, a recent Associated Press story appears to indicate that Connecticut may have put some measures in place with its new legalization law that may potentially help it avoid the same federal wrath.

What Connecticut has reportedly done is go further than any other state in regulating the drug. With the new law, marijuana can be sold in multiple forms at local dispensaries. Each of those dispensaries have to have a licensed pharmacist on staff. It would be sold and marketed only to patients who are given a prescription to use it. And then it takes it a step further by specifically outlining the medical conditions for which use of the drug is approved and also sets up a registration program for not only patients, but also their caregivers. Cultivation would be strictly conducted only by growers who have a state-issued permit.

The difference in regulation between our state and Connecticut was the way in which medical marijuana legalization became law. Here, voters approved the measure through a ballot initiative in 1996. That meant that when the measure became law, there weren’t comprehensive restrictions and state-imposed regulations. That meant that it was left up to local governments to decide how to regulate.

On the flip side, Connecticut’s law was passed by the legislature, with an extensive plan for regulation.

That’s meant that other states, like Colorado, have taken steps to increase restrictions, and hopefully avoid federal scrutiny.

Still, as California knows from experience, this doesn’t exactly make them fool-proof safe from aggressive U.S. attorneys. A letter from U.S. Attorney David Fein indicated that while the federal government didn’t plan to go after sick patients who use medical marijuana, they would go after those who manufacture and sell the drug.

Gee, how benevolent of them.

Still, there may be some wisdom to be gained from the examples set by other states. While California was a trailblazer of the movement – the first state in the country to legalize medical marijuana – it certainly hasn’t perfected the laws.

Imposing those types of restrictions won’t necessarily mean an elimination of problems for medical marijuana dispensaries and patients. Maybe, though, it’s something lawmakers could consider, as a means to more uniformity and perhaps, fewer headaches.
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