Articles Posted in Marijuana Lawyer

With so much talk about the legalization of recreational marijuana in California – it’s on the ballot for next week – it’s tempting to think that arrests for marijuana offenses are a thing of the past. Unfortunately, it seems likely law enforcement and prosecutors will be targeting marijuana growers, distributors and users up until the very last minute.police line

Recently, the Los Angeles County Sheriff’s Department announced it raided a Canyon County strip mall, search warrant in hand, following an investigation sparked by a tip from a local citizen. At the site, investigators reportedly discovered an “elaborate” indoor marijuana cultivation system in several of the units. They also found an undetermined amount of money, plus nearly 2,500 plants in various stages of growth. There was also an additional 200 pounds of the finished product (in the form of dried marijuana buds) seized, as well as an estimated 50 pounds of edible, THC-infused products, such as suckers and cookies. Expensive air filtration systems were reportedly designed to help keep the odor from getting outside.

Although three men were detained at the scene, two were released. A third, a 28-year-old man from Los Angeles, was arrested for possession of marijuana for sales. The combined value of the plants is estimated to be approximately $6.2 million, while the combined value of the dried buds and edible products was approximately $500,000.  Continue reading

As we trudge through the final weeks of this arduous, divisive election, there is at least one matter on the ballot that is likely to unite: Marijuana. white house

Voters in nine states – including California, Florida and Massachusetts – will vote on Nov. 8th ballot proposals that permit recreational and/or medical use of marijuana. These initiatives are likely to create a huge push toward legalization. In all likelihood, whoever is elected to the president’s office and Congress will be under pressure to overhaul the failed drug laws of this country.

This is a big deal because even just a few years ago, marijuana legalization was seen as something of a fringe movement. Today, the latest Gallup poll revealed 6 in 10 Americans are in favor of legalizing marijuana for recreational purposes. That’s huge, particularly when we consider than in 2000, only 31 percent supported legalization. Take it back to 1969, and only 12 percent of voters were in favor of it. Continue reading

For the first time in U.S. history, marijuana breathalyzers were in use on public roads, and it’s happening right here in California. drive7

The devices, the brainchild of an Oakland emergency room doctor and reserve police officer for the Alameda County Sheriff’s Office, are expected to be distributed nationally sometime next year.

During initial field tests, drivers who were spotted driving in an erratic fashion were pulled over by Alameda sheriff’s deputies – including the creator of the device – who then and those drivers voluntarily agreed to breathe into the contraption. Two individuals admitted to smoking the drug within a half hour before the traffic stop, and their breathalyzer readouts were reportedly much higher than for the other drivers. In other drivers who admitted to using in the last three hours, the device also tested positive for the presence of THC.  Continue reading

The Second Amendment, which guarantees citizens’ right to keep and bear arms, is one of the more controversial in our U.S. Constitution. It’s been the source of much contention in our nation in recent years, but the fact remains: It is still considered a fundamental right. gavel211

Now, the U.S. Court of Appeals for the Ninth Circuit has issued a ruling saying it is a right that should be denied to users of medical marijuana. In Wilson v. Lynch et al., the court ruled that a federal law that prohibits medical marijuana cardholders from buying firearms does not actually violate those patients’ Second Amendment rights because users of marijuana are prone to behavior that is “irrational” and “unpredictable.”

The case stemmed from a lawsuit filed by a Nevada woman who sought to buy a handgun five years ago. However, she was refused the sale after the owner of the store recognized her as being a medical marijuana patient. Plaintiff asserted that in fact, she didn’t really use marijuana, but obtained a medical marijuana card in order to make a political statement, saying she supports the liberalization of marijuana laws nationally.  Continue reading

If you suffer from any kind of chronic pain or perhaps have endured a major surgery in recent years, you’re probably familiar with Fentanyl. It’s a powerful, fast-acting narcotic painkiller that is typically appropriate for severe, acute pain. It’s highly addictive, possessing many heroin-like qualities. It’s also extremely deadly when taken in high doses or in combination with other substances, which can cause respiratory distress.

Prescription bottles used to store medicine

Yet the makers of this drug have continued to advertise it as a common pain relief drug. So perhaps it shouldn’t be surprising, in light of a growing body of research to suggest marijuana could be a safer, more effective alternative to the scourge of painkiller addiction and overdoses in the U.S., that its manufacturer is pushing to quash the potential competition. It makes even more sense when you learn the company, Insys Therapeutics, recently came out with a synthetic cannabis product.

A recent investigation by The Washington Post reveals the Arizona-based company dropped a $500,000 donation to the group, “Arizonans for Responsible Drug Policy,” a group that staunchly opposes legalizing marijuana. This amounts to more than one-third of the money raised by the group.  Continue reading

Nuisance abatement laws, codified at the state or local level, allow municipalities to fine landlords who allow “nuisances” on their properties. It was intended to curb violence and repeat police responses to the same location. However, it’s reportedly having a negative effect on those who use marijuana. rent

The Washington Post recently reported on the issue, beginning with the case of a D.C. law firm employee who, after eight years renting a residence on a quiet street in the Northeast section of the city, was evicted over the discovery of a marijuana joint. The report indicates the woman’s adult son – who had not lived with her for years – was arrested for possession of a firearm outside of a popular nightclub. Two weeks later, D.C. police officers raided her home, looking for more drugs. They didn’t find any when they stormed the home as she and her husband were helping her 8-year-old with his homework. However, they did find three cigarettes – one of them reportedly containing marijuana. No one was arrested or charged.

However, it was just a week later that the attorney general’s office in D.C. labeled the home a drug-related nuisance in a letter fired off to her landlord. That letter cited a nuisance abatement law passed in 1999 that grants the city broad power to prevail in civil lawsuits against landlords that don’t halt illegal actions on their properties. In response, the landlord evicted his tenant. Continue reading

Last month, the U.S. Food and Drug Administration (FDA) quietly approved a drug called Syndros, which is a synthetic form of THC, the active ingredient in marijuana. Its use is limited to patients who are suffering from AIDS and cancer.laboratory

Syndros is the liquid version of a drug called Marinol, which was approved back in 1985 as a synthetic cannabinoid. However, Marinol only comes in pill form. Syndros is the liquid form. Marinol was approved in the mid-80s to treat the same conditions as Syndros.

Interestingly, the approval of this liquid synthetic came around the same time the U.S. Drug Enforcement Administration (DEA) refused to reclassify marijuana as anything but a Schedule I narcotic, despite petitions from lawmakers to knock it down to a Schedule II. In the agency’s refusal to take this action, officials cited lack of proof that marijuana serves any legitimate medical purpose. Yet we are making synthetic versions of it for uses that are clearly legitimate and medical? Continue reading

San Bernadino voters seem likely to weigh in on a proposal to allow up to five medical marijuana dispensaries in the city limits, after the city clerk advised council her office had received 6,000 signatures in favor of a November ballot initiative. That figure is 2,326 more signatures than needed by statute (30 percent of votes cast for all candidates in the previous mayoral election), but the city clerk’s office first needs to verify those signatures before it becomes official. cannabisflower1

The proposal has been outlined by the California Cannabis Coalition, which has opined a measure allowing marijuana dispensaries would bring the city up to 800 jobs one which people could make a living wage. It is also estimated the proposal could boost the city’s general fund by somewhere between $15 million and $21 million a year.

Supporters say the San Bernadino Regulate Marijuana Act of 2016, if approved, would allow for medical marijuana to enter a legitimate, well-regulated market that will offer transparency and accountability.  Continue reading

The issue of marijuana has always been sensitive as far as youth are concerned. For years, the failed “War on Drugs” focused on the reported ill effects of marijuana, both in and of itself and as a gateway drug to harsher substances. Every recreational marijuana law that has passed has been careful to prohibit use of the drug by those under age 21. marijuanabuds

As a form of child medicine, marijuana has been even more controversial. Parents who sought relief for their children’s seizure disorders or chronic pain or nausea/ lack of appetite due to cancer were sometimes accused of child abuse. Some were forced to move out-of-state to obtain the treatment their kids so desperately needed.

Yet even in states where leaders have been forward-thinking on the issue, there have been hurdles to overcome. In Colorado, school officials had refused to dose medical marijuana to young patients on school grounds – even if those children had a prescription.  Continue reading

States are increasingly moving towards legalization of marijuana, which is beneficial to people throughout the country. As momentum moves towards acceptance of cannabis use for medicinal or recreational purposes, this puts more pressure on the federal government to change outdated laws and it engenders more social acceptance of marijuana is a valuable medical product. cannabis-1401124.jpg

With so many states embracing cannabis, it can be discouraging when a marijuana legalization measure fails at the ballot box. The recent defeat of the ballot measure in Ohio, however, is not representative of general public opinion towards legalization because the ballot measure was an outlier and contained many provisions that even proponents of legalized marijuana disagreed with. Trends continue to be moving in the direction of legalization, despite what initially appears to be a setback.
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