Articles Posted in Marijuana Lawyer

Garden Grove marijuana lawyers were disappointed to hear of a request filed by city officials, asking for help from federal authorities to shut down marijuana dispensaries.

In fact, police officers are appealing to the same authorities who raided Costa Mesa marijuana dispensaries earlier this year, asking them to do the same here.

Considering that the vast majority of marijuana dispensaries and collectives work hard to operate above board and according to the strict laws set forth by the states and municipalities, it’s disheartening that local officials would set their sites on attacking legitimate businesses that do so much to help ailing patients.

Here’s what we know of the situation, as reported by The Orange County Register:

The police chief addressed Garden Grove’s City Council, informing them that his officers had been in contact with federal authorities and that an agreement was made for those authorities to come to the city, likely to conduct raids.

The chief said there had been complaints from both council members and residents about what they considered to be the large number of dispensaries peppered throughout the city. A Neighborhood Association vice president asked if it would be the city’s “new reality” to have a dispensary on every street corner. She and others stated that there were 73 Garden Grove marijuana dispensaries, while a councilman even went so far as to say that the pot clinics were becoming “a nightmare.” The mayor added that “no one” wants them in the city.

First of all, the actual number of marijuana dispensaries in Garden Grove is closer to 60. Secondly – a nightmare? Really? Thirdly, if no one wanted them there, they wouldn’t exist. The fact of the matter is that the provide a legitimate, valuable and LEGAL service to everyone from cancer patients to migraine sufferers.

Of course, it doesn’t help that a number of other dispensaries across the state have been targeted, forcing patients to seek other locations in areas that have not cracked down. So what is the answer for those municipalities? Here’s what the answer is not: To banish all marijuana dispensaries and collectives. You know what happens when you do that? It goes underground. It means that illegitimate drug dealers will profit from the sale of this much-needed – and natural – medicine. And when illegitimate drug dealers are allowed to proliferate, property crimes and violent crimes have a tendency to spike.

Garden Grove’s police chief said the department has two, part-time employees who monitor the marijuana dispensaries in town.

Previously, the city had registered Garden Grove marijuana dispensaries. But they stopped doing that earlier this year, after the federal crackdown began to get in full swing. There was a concern that by registering these businesses, the city would be seen as condoning actions that were contrary to federal law. State law allows the use of medicinal marijuana. The federal government does not.

Orange County marijuana lawyers were interested to read recent reports indicating that the former Orange city manager and current Stockton fire chief is now a supplier and landlord for an Anaheim marijuana dispensary.

While this is being portrayed by some media outlets as some sort of a scandal, our Orange County marijuana lawyers would hope this would lend some legitimacy to an industry that provides a valid – and legal – service within the health care community. There should be zero shame in this.

The Orange County Register reports that David Rudat is the chief finance officer of a company that sells hydroponic growing equipment to those in the medical marijuana industry. Additionally, he and his wife own a warehouse where medical marijuana is sold and stored. Other tenants in that building have indicated to reporters that Rudat additionally owns another warehouse nearby, where he grows and processes the medical marijuana.

Rudat, when questioned about the business by reporters, gave very little information except to say that he is up to code and operating in accordance with state law. There are about 30 dispensaries in all in Anaheim.

The one-time politician has now found himself on the other side of the argument. City officials in Anaheim have been trying to shut down Rudat’s operation – and others – since 2007, through a dispensary ban that it passed in 2007. It has sent a cease and desist order, but the city is now wrapped up in costly litigation over the ban with patients who use medical marijuana. The city’s actions conflict with state law, which conflicts with federal law.

Attorneys for the city maintain that the Federal Controlled Substance Act supersedes the state’s law, which allows that medical marijuana – and its sale and growth – are legal.

But meanwhile, Rudat said he had heard nothing from city officials with regard to asking him to close. He intended to consult with an Anaheim marijuana attorney about the matter.

Rudat said he already had the lease on the marijuana operation when he accepted the temporary position as Stockton’s acting fire chief. He said at the time that he was already working in the private sector – with no intention of going back into public service – when he was approached about the Stockton fire chief job.

He underscored that he does not use marijuana in any form.

Of course, it’s his prerogative to reveal that information, but the thing is: Why would it be seen as a bad thing if he did? Would someone fall under such intensive scrutiny if he or she were prescribed Prozac? How is this any different?

In a statement released to the media, the city manager for Stockton said he was aware of Rudat’s venture, and has no issue with it one way or the other, and that the fire chief is entitled to operate an outside business if he so chooses. There is no conflict of interest, as far as the city manager is concerned.

And that is how it should be!

San Bernadino marijuana lawyers understand the pressure that many politicians are under with regard to California medical marijuana.

They are being pulled in opposing directions with federal enforcers cracking down and making threats, confusing and non-uniform rulings being handed down by courts and San Bernadino marijuana dispensaries arguing for protection of their rights under state law.

However, that is never an excuse to take advantage of your powerful position. That was recently discovered by the former mayor of Upland, who has pleaded guilty to bribery. He faces up to a decade in federal prison after admitting to accepting a $5,000 payment from an Upland marijuana dispensary in exchange for help in obtaining a permit to operate.

There is also a lesson here for marijuana dispensaries as well: We understand that times are tough right now, for a lot of the same reasons listed above. You may be considered an easy target. However, if you feel you are being bullied by a public official, it’s critical to obtain the services of a skilled San Bernadino marijuana lawyer, so that you’re not caught up in a similar scheme, for which you could potentially be prosecuted as well. (Marijuana dispensaries have enough legal problems to contend with as it is!)

According to The Los Angeles Times, former Upland Mayor John Pomierski, 58, was accused of demanding some $70,000, both from a night club and a medical marijuana cooperative, in exchange for help in obtaining the legal permits necessary to operate. These actions reportedly began back in 2007.

The ex-mayor is free on $75,000 bond while he awaits sentencing, which is scheduled for early August.

Court documents indicate that another man, a member of Upland’s building appeals board, was an intermediary between the mayor and the businesses. He would relay the demands of extortion to the businesses, and then collect the money to give to the mayor. That individual has also pleaded guilty.

As owner of a local construction company, Pomierski received some $90,000 in income from another construction company owned by the appeals board member. That was over the course of 10 years or so.

The owner of G3 Holistics in Upland had revealed to a Times reporter last year that someone claiming to represent the mayor had demanded $20,000 in order to stop the city’s efforts to shut down the cooperative. The owner said he forked over $10,000, but didn’t pay the rest.

The owner later lamented about where he could have turned, given the nature of his business. “The police? The FBI? I’m in the medical marijuana business. I’m an easy target.”

Indeed, although he should have reached out for help from a San Bernadino marijuana lawyer. He did later end up cooperating with police.

A third defendant has also pleaded guilty in the case, while a fourth has pleaded not guilty and is awaiting trial.

The investigation was kick-started by the San Bernadino Joint Corruption Task Force.

Our Los Angeles Marijuana Lawyers were interested to read a TIME Magazine piece recently linking the federal raids on California medical marijuana dispensaries and the president’s Affordable Care Act.

It seems like a stretch, but apparently, the two are more related than one might think.

One deals with the raids of legally-operating California medical marijuana dispensaries throughout the state. The other has to do with a promise of universal health care throughout the country.

So what could possibly be the connection?

According to reporter Maia Szalavitz, it has to do with a case called Gonzales v. Raich, which was decided in the U.S. Supreme Court in 2005. this was a ruling that was decided 6-3, and has been cited repeatedly by both proponents of the raids on medical marijuana distributors, and commentators debating the merits of President Barack Obama’s Affordable Care Act.

Here’s what happened in that case:

Angel Raich was a medical marijuana patient. She, as well as another marijuana patient and their grower sued the federal government. They contended that the enforcement of the Controlled Substances Act, or CSA, shouldn’t be used to justify arrest and imprisonment of those legally using and distributing the drug under California law. They argued that because the state had legalized marijuana for medical use, to enforce the CSA against caregivers and patients was unconstitutional.

The argument went a step further in saying that under the Commerce Clause, the scope of the federal government’s power in this matter is limited to regulation of those activities that impact interstate commerce. In her case, Raich was using medical marijuana for her own medical ailments, which her distributor was providing it to her – not selling it outside the state. Therefore, the attorneys said, it had no impact on interstate commerce.

This is a great argument – but unfortunately, the U.S. Supreme Court disagreed. Some of the Justices did concede that there was a solid, scientific basis to take another look at the federal ban on the use of marijuana for medical purposes, they ruled quite narrowly on the question of commerce. Essentially, they decided that enforcing the ban on medical marijuana in California was an appropriate use of federal government power.

The three dissenting Justices – William Rehnquist, Sandra Day O’Connor and Clarence Thomas – all said essentially that states have a right to implement their own policies, and that personal use of medical marijuana was an acceptable policy. Thomas added that from the very beginning of our country, there is no evidence that would seem to suggest that commerce should include simply possessing a certain good for personal activity when it didn’t involve exchange or trade for value.

This is where the link to the Affordable Care Act comes in. It will be difficult for the court to say that it’s alright for the federal government to stop the use of medical marijuana in the state because the drug can be easily sold outside of the state, but then not require people to purchase health insurance, which has an impact on insurance markets and health care prices across the country.

Perhaps this is one of the reasons why President Obama has been reticent to stop the federal raids on California medical marijuana dispensaries, despite campaign promises to the contrary.