Articles Posted in Medical Marijuana in California

Legislators, law enforcement, even growers and users have long complained that medical marijuana laws in California amounts to chaos. Now, the medical marijuana program is moving towards more defined regulations as the state Assembly Appropriations Committee moved a bill forward for a full vote. According to author, Assemblyman Tom Ammiano, the measure would apply uniform rules to govern the medical marijuana industry. Some analysts argue that uniform regulation could pave the way for recreational use.

The multi-billion dollar industry has been criticized for failing to have a set of standards guiding and regulating growth, production, sale and distribution of marijuana. Though some are optimistic about how the bill could streamline the industry, it could also limit the rights of some growers. Our Orange County medical marijuana attorneys are dedicated to protecting the rights of growers, distribution companies and users throughout the state. We understand the complexities of marijuana law and are abreast of legal developments to effectively protect the rights of Californians.

Advocates say that the bill would incorporate federal regulations and aims to help patients who depend on the health benefits of marijuana use. Under current California law, local governments, including cities, are able to decide how they want to implement the state’s medical marijuana law. Some cities have established clear-cut systems with licensing, operations, and fees. Other cities, including Los Angeles, are largely unregulated. The city has repeatedly failed to establish sensible regulations or limitations on where businesses can operate.

The lack of clear regulations has created complications for sellers and distributors as well as law enforcement. In LA, doctors had once been able to provide prescriptions to any patient that needed one. These patients were able to find a dispensary near their doctors. Then the city council voted to ban pot shops in 2012. Other cities are considering an outright band, severely limiting the rights of pot shop dispensaries as well as California medical marijuana patients. State legislators hope that the new bill will give direction to cities and counties that haven’t been able to set up their own systems.
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A California Assembly measure that would effectively regulate and tax the state’s $2 billion medical marijuana industry is headed to a floor vote this month.

A recently-released legislative analysis of AB 1894, re-introduced by Assembly Member Tom Ammiano, indicates that if lawmakers were to establish a California Division of Medical Marijuana Regulation and Enforcement, it would cost roughly $15 million annually. It would be under the umbrella of the Department of Alcoholic Beverage Control, and that cost would represent about a quarter of the agency’s existing budget.

Our Los Angeles marijuana lawyers understand that this would mean significant fees for applications and fines. Whether this proves workable remains to be seen. As an example, bill analysts indicated that in order to cover an agency requiring $15 million to operate, it would require $10,000 per application if there were 1,500 applications each year.
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For parents with a sick child, there is no end when seeking a remedy that will reduce pain or help to cure an ailment. As medical marijuana becomes increasingly popular among adults, more parents and doctors are seeking the benefits for children. California has legalized the drug as an alternative treatment for children with epilepsy. In addition to epilepsy, parents have also sought medical marijuana for to reduce painful symptoms associated with child cancer.

It is not surprising that parents are seeking the same benefits for their children that adults have found when using medical marijuana. While it may not be traditional to give a child marijuana, for some parents, the benefits far outweigh any social stigma or negative association with marijuana use. Our Los Angeles medical marijuana attorneys are dedicated to protecting the rights of our individual and business clients. We are also staunch activists for patient and medical marijuana business owner rights. In addition to providing strategic counsel and advocacy, our firm is abreast of trends that may impact our cannabis community.
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During a marijuana raid, officers will confiscate drugs and other paraphernalia. Sometimes this evidence will be kept and used in court, but what happens to the drugs, cash and other property after trial? What happens if the defendant is never charged or is acquitted? According to reports, a new California bill that is under consideration that would require state law enforcement agencies who file any charges against marijuana users to return any confiscated drugs or paraphernalia in the event of an acquittal or if the charges are dropped.

In addition to requiring agencies to return drugs, the bill would also ensure that police store the drugs as evidence until the case is firmly resolved. The new bill would protect the rights of users as well as ensure that any seized drugs are properly handled while in police custody. This could also prevent potential abuses and misconduct by law enforcement officials. Our Los Angeles marijuana legalization attorneys are dedicated to protecting the rights of marijuana growers, distributors and users. We are committed to providing strategic representation and staying abreast of legal developments and potential legislation that could impact the rights of our clients.
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Medical marijuana provided relief to a 57-year-old end-stage renal patient, but his employer found his use of the medication to be unacceptable. The patient lives in New Jersey and worked with New Jersey Transit before he was forced to attend rehabilitation and placed on leave after testing positive for marijuana. He is now suing his employer and claiming a violation of state discrimination laws protecting employees with disabilities.

Similar cases have been heard in other states, including California, and judges have largely sided with employers, finding that they can fire workers for testing positive for cannabis even when its use is legal in the state. The terminations are appropriate because of the fact that marijuana still remains illegal on the federal level. The discrimination against sick people, along with the potential for arrest, are important reasons why laws on the federal level need to be changed to protect patients using medical marijuana. Los Angeles medical marijuana lawyers can represent those who have faced criminal actions under federal laws.
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Recently, a pharmacist and former director of the Drugs, Devices and Cosmetics Program in the PA Department of Health made a proposal: stop referring to medical marijuana as “medical marijuana.”

As he pointed out, marijuana is a term that has a long history of describing a drug sold illegally and a drug that could be seriously abused. It’s a loaded word, and referring to specific plant extracts with appropriate terminology could change attitudes and make lawmakers more eager to embrace the benefits that cannabis plants provide.

While it may not seem logical that changing the name could make that much of a difference, the fact is that a look at the history of laws on marijuana shows that many of the decisions that have been made were based on perception and not logic. If lawmakers need the legal fiction of calling marijuana something else in order to take action and stop the arrests of those who are just trying to provide medicine to the sick, then it is worth a try. Los Angeles medical marijuana lawyers represent too many clients arrested for doing nothing wrong except providing a drug that has proven health benefits.
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Yet another argument from the anti-marijuana advocates has been shot down recently in light of a new study published in the Journal of Adolescent Health. The study compared 20 years of data from the Youth Risk Behavioral Surveillance Survey conducted by the Centers for Disease Control and Prevention. As the Huffington Post reports, it found that legalizing the use of marijuana for medicinal purposes does not result in an increase of teenagers using the substance illegally.

Studies like this will hopefully help to change attitudes on the federal level and to make a significant difference in how people view medical marijuana. Medical marijuana is nothing to be afraid of, and as more studies reveal significant benefits and few disadvantages, there is no reason not to move forward with widespread legalization on the federal level so there will no longer need to be a fear of arrest among growers, distributors and users.
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With laws on the state and federal level differing regarding the use of medical marijuana, Californians are at risk if they grow, sell or even use medical marijuana. One lawmaker at the federal level is trying to change that, although he acknowledges that doing so will be a tough fight. Virginia Rep. Morgan Griffith, introduced a bill in Congress at the end of April to remove the federal obstacle to prescribing and possessing medical marijuana in the states that have legalized the drug.

Los Angeles medical marijuana lawyers know that many people are left facing serious criminal charges for medical marijuana despite the fact that state laws say that their behavior is legal. If a change in the federal law were to pass, this would make a big difference in allowing people to safely produce, sell and use an important medicinal tool.
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Researchers continue to find new medical conditions every day that medical marijuana may be able to treat. One study released at the end of April at the annual meeting of the American Academy of Neurology (AAN) found that cannabis could potentially provide significant relief from symptoms of MS and other brain diseases. While more research needs to be done to confirm the benefits of cannabis on different conditions affecting the brain, early results point to the fact that the drug could make a major difference in people’s lives.

As more information comes to light about all of the advantages of medical marijuana, hopefully federal lawmakers will be persuaded to come around to supporting the use of cannabis for medical use. This could remove the risk that Californians face of having the federal government raid clinics and marijuana crops even when the Californians are operating within the bounds of state law. A Los Angeles medical marijuana lawyer can represent individuals who are the target of criminal actions.
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And where would we be without a marijuana law blog on 4/20?

The Long Beach city counsel does not yet have regulations in place to govern the sale of medical marijuana. Despite the fact that medical marijuana is not legal for sale in Long Beach yet, voters have already approved a ballot measure to tax the marijuana in the event that it can be sold.

The ballot measure related to taxing marijuana dispensaries was written by the Long Beach Collective Association, with the hopes that the tax would bring necessary revenue to the city. The government is generally eager to benefit from the revenue that marijuana can provide and an approved tax could create additional incentive for Long Beach to act quickly in moving forward with marijuana sales.
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