Medical Marijuana in California

August 17, 2014

Colleges Prohibit Medicinal Marijuana to Preserve Federal Funds

As state laws continue to loosen in favor of medical and recreational marijuana use, some establishments remain wary, given the unchanged legal position of the federal government. According to a recent report in the Boston Globe, colleges and universities continue to ban drugs on campus, including medical marijuana. Even in states where medical marijuana is legal, many campus administrators have reaffirmed policies that ban drugs. Local colleges and universities have continued to ban the use of marijuana, even if a doctor has written a prescription for medicinal purposes.

With states expanding rights to medical usage, many individuals, business owners, and other entities are questioning their own rights and liabilities when it comes to conflicting federal laws. Our Orange County medical marijuana attorneys are experienced with protecting the rights of our clients. We are dedicated to protecting the rights of marijuana dispensary owners as well as individuals or other business owners who could face criminal liability under California or federal drug laws.
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August 14, 2014

Simulator Tests Drivers’ Ability While Stoned

By Cannabis Law Group

One of the problems with setting a legal limit and prosecuting “stoned drivers” is that researchers and law enforcement officials have not yet determined, “how stoned is too stoned” to drive.

Scientists working for the federal government have been using performance tests to determined levels that would make a driver too stoned to drive. Volunteers got drunk and stoned on marijuana provided by the federal government before they got behind the wheel to perform a series of performance tests. According to a USA Today report, it was the most comprehensive study on how marijuana affects or inhibits driving capabilities.

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Researchers will be compiling and analyzing the data to help regulators set legal limits and answer the fundamental question: “When is a marijuana user too stoned to drive?”

Our Orange County marijuana DUI attorneys are dedicated to protecting the rights of clients and raising awareness to ensure compliance and prevent criminal liability. Whether you are a legal user, grower, or dispensary owner, our attorneys are abreast of legal changes in Southern California and nationwide. Our priority is to keep our clients informed of their rights as well as their obligations under state and federal marijuana laws.
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July 28, 2014

Sweeping Raid Targets Marijuana Grown on Tribal Land

By Cannabis Law Group

The relationship between marijuana crops and tribal land has always been contentious and legally complicated. In a recent case, California authorities initiated a raid to seize all marijuana grown on an Indian reservation in Northern California. According to reports, tribal authorities are joining with local law enforcement to stop illegal growing operations. The operation involved combined efforts from local, state, and federal agencies, resulting in the seizure of thousands of plants. The raid took place in Humboldt County, a mountainous region well-known for its growing capacity.

Growing marijuana on tribal land raises a number of legal questions and concerns. Officials worry that the illegal crops will threaten wildlife and the environment. In addition, the crops could potentially be contributing to the regional drought which has caused springs and creeks to dry up. Our Orange County marijuana law attorneys are dedicated to protecting the rights of growers, marijuana shop owners, as well as legal users. We are abreast of developments in the legal marijuana business and changes in California marijuana laws.

July 24, 2014

Projections 2014-2016: Legislative Changes in Marijuana Law

By Cannabis Law Group

Recreational marijuana use is legal in both Colorado and Washington, and now 23 states have passed legislation for some form of medical use. Despite the rapid changes taking place state-by-state, there is still no clear path on how marijuana laws will change at the federal level. This still leaves 27 states time to pass either recreational use or medicinal marijuana laws. Even though the majority of Americans approve medical marijuana use, critics remain opposed, making it more difficult for some states to pass legislation. Which states will be next to legalize?

Our marijuana attorneys in Los Angeles are dedicated to staying abreast of legalization trends and laws in California and nationwide. Representing users, collectives, and dispensaries throughout Orange County and Southern California, our attorneys are tapped into the policy and legislative changes that impact the rights of our clients. In addition to remaining abreast of legal changes within the state, we are also committed to advocacy for legalization nationwide. What is next for marijuana law? Here are some upcoming legislative possibilities this year and beyond:
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July 22, 2014

Medical Marijuana Researcher Loses University Position Over PTSD Trial

By Cannabis Law Group

Medical marijuana research is complicated by federal law, the FDA, as well as varying opinions in the public and private sector. According to recent reports, a University of Arizona researcher lost her job over a study involving the impact of marijuana use on post-traumatic stress (PTSD) patients, especially veterans who have been involved in combat. The professor has called her own work some of the most controversial at the university, even though it was approved by the FDA. Now her passion, dedication, and long-term commitment to the research project has left her out of work.

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The trial was aimed at reviewing the safety and efficacy of using medical marijuana to treat veterans with PTSD. Many of the veterans were not responding well to other forms of treatments. The new study had selected 70 participants to participate, testing various potency and placebos. Our Orange County medical marijuana attorneys are dedicated to raising awareness to protect the rights of users, researchers, distributors and growers nationwide. We are also abreast of legal issues and advancements in marijuana research.
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July 16, 2014

D.C. Decriminalizes Marijuana, Federal Land Raises Legal Complications

By Cannabis Law Group

Washington D.C. has formally decriminalized possession of marijuana and even those who are caught with more (a few grams) will receive just a $25.00 citation, less than a parking ticket in most cities. Prior to the passage of the decriminalization law, residents faced fines up to $1,000 and jail time for possession. The passage of the law is following a nationwide trend towards loosening marijuana restrictions, the appropriation of medical marijuana legalization bills, and the reduction of criminal penalties for marijuana possession and use.

According to reports, police officers in Washington D.C. still have the right to confiscate marijuana that is visible. Smoking marijuana outdoors or in a public area, such as on the street or in a park can still amount to an arrest. However, fines and jail time for public usage are capped. Our Orange County marijuana defense attorneys are committed to helping marijuana growers and users protect their rights. We are also abreast of national trends toward legalization and are committed to raising awareness.
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July 10, 2014

DEA Obstructs Medical Research Despite Growing Support

By Cannabis Law Group

Though the Justice Department agreed not to intervene in states where legal marijuana use is adequately regulated, the DEA has maintained that marijuana is a harmful drug with no medical benefits. According to reports, the agency has also obstructed potentially beneficial research that could direct a reclassification of the drug. The DEA continues to have discretionary powers over testing schedules, which makes it difficult for advocates to proceed with research. Some groups have suggested taking away the DEA’s authority to approve marijuana research.

A report published by the Multidisciplinary Association for Psychedelic Studies (MAPS) calls on the DNA to end its monopoly on the supply of marijuana available for research. The agency has systematically denied research requests and ignored calls to reclassify the drug. Currently, marijuana is classified as a Schedule 1 drug akin to heroin and crack. Our Orange County medical marijuana research attorneys are dedicated to helping growers, dispensary owners and individual users protect their rights. We are also advocates for reducing restrictions on marijuana research to improve opportunities for treatment and care.
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July 8, 2014

Doctors Continuing Education on Medical Marijuana

By Cannabis Law Group

Just as pot growers need to keep up with the best strains to maintain an edge in the market, doctors must also stay abreast of developments in using medical marijuana for treatment or pain management. As more states legalize the use of medical marijuana, Minnesota and New York, most recently, doctors have participated in continuing education to ensure that they are abreast of the most recent developments in law and medicine. According to a WBUR report, seminars, conferences and other less formal training sessions are helping doctors, and other medical professionals, state up-to-date on medicinal marijuana prescription and use.

In addition to knowing the benefits of cannabis treatments, doctors are also using the sessions to brush up on liability in the changing landscape of medical marijuana law. Our Orange County medical marijuana attorneys are dedicated to providing informed and strategic support to marijuana advocates, growers, dispensaries, and users throughout California. In addition to staying abreast of legal developments, we are also committed to raising awareness to ensure and improve patient access to medical marijuana.
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July 3, 2014

San Jose Crackdown Underscores Statewide Complications

By Cannabis Law Group

Throughout California, cities have largely maintained their own regulatory policies regarding growing, possession, and distribution. Now legislators in San Jose have passed an ordinance that imposes strict rules for medical marijuana businesses. Opponents of the bill contend the regulations are so strict that it effectively bans medical marijuana in the city. To avoid a federal intervention, states that have legalized medical marijuana must have adequate regulations to safeguard the industry from abuse. In California, this has meant that cities have adopted their own policies and regulations, varying from highly circumscribed in San Francisco to outright bans in Los Angeles. Our Orange County marijuana attorneys are abreast of local and statewide trends that may impact the rights of our clients.

Pursuant to the San Jose measure, dispensaries will only be able to operate in specified areas that are highly industrialized. Essentially, these remote areas make up less than 1 percent of the city, forcing the majority of pot shops to move to a new location or shut down completely. In addition to strict limitations on location, the rule also calls for businesses to adhere to additionally burdensome mandates. For example, pot shop owners must ensure that all products are produced on site and that plants are cultivated in surrounding counties. Business owners must also invest in 24-hour security to prevent theft and other illegal misconduct.
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June 10, 2014

CA Medical Marijuana Card is No Defense in Minnesota

By Cannabis Law Group

One issue with inconsistent state marijuana laws that courts will be forced to review the legality of conflicting regulations. Though Minnesota has recently passed a bill that legalizes marijuana for medical use, the state will now have to interpret how whether it will accept out of state prescriptions. An appeals court recently held that an individual who has a medical marijuana card that authorizes the use of pot in California cannot use that card in Minnesota. This creates some confusion for users and also raises the question of whether interstate regulatory systems are necessary.

According to the Minnesota Star Tribune, the Court of Appeals held that a card permitting marijuana use in another state cannot eliminate drug charges in Minnesota. Though the initial drug charges were filed prior to medical marijuana legalization, the legal issues could overlap in the future. Our Orange County medical marijuana attorneys are dedicated to protecting the rights of our clients and in staying abreast of legislation and criminal liability involving drug-related charges. For California medical marijuana card holders, this case should serve as a warning to prevent out-of-state drug charges.
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