Medical Marijuana in California

February 9, 2012

California Medical Marijuana Supporters Aim For Ballot Initiative

Frustrated by continued attacks on California’s medical marijuana industry, supporters will now try to get voters to approve a ballot initiative that aims to keep the federal government from continued interference.

Los Angeles medical marijuana dispensaries are important businesses in the community because providing this drug is important to patients suffering from these debilitating medical ailments.

Pharmacies do the same, yet they are under much less scrutiny and regulation than medical marijuana businesses. History has shown us that doctors and pharmacists have been known to abuse the laws and over-prescribe powerful narcotic pills. Yet it’s medical marijuana businesses that are being raided and forced to close. Los Angeles medical marijuana lawyers may be required in these situations to ensure that patients and businesses are treated right.

According to The Sacramento Bee, medical marijuana industry officials are hoping the November ballot initiative will keep federal regulators and prosecutors from continuously sticking their noses into California’s business.

Growers, dispensaries and union leaders are rallying together to push for the initiative, which would regulate the state’s medical marijuana trade, which is valued at an estimated $1.5 billion. They are hoping to raise the $2 million needed to get the measure on this year’s ballot. The voter drive could start soon.

The industry is mostly governed by local politicians. Often municipal governments have different rules that can conflict with state law. The initiative would largely allow state lawmakers to regulate the industry instead of having fragmented rules from county to county and city to city. A Department of Consumer Affairs enforcement bureau would be created and would include a majority of people from the medical marijuana community. The board would determine who gets licenses, set standards for the industry and also oversee enforcement.

Since October, the number of medical marijuana dispensaries statewide has dropped by 25 percent from 1,200 to 900. This is due to police raids, a federal crackdown by government prosecutors and reaction from court cases that said some city and county rules for regulating medical marijuana dispensaries were unconstitutional.

Local union leaders believe that the initiative, if passed, would help save many jobs in the medical marijuana industry. Medical marijuana industry officials also largely support the change.

Federal regulators have sent threatening letters, forced legitimate businesses out of their spaces and otherwise harassed people who are just trying to get by.

The initiative would tax businesses 2.5 percent to fund the new regulations. Counties and cities would be forced to allow one dispensary for every 50,000 residents and prevent banning dispensaries without voter approval. Users, advocates, policy specialists, researchers, union members and people with experience in the industry would be on the board.

The supporters of the initiative are also encouraging lawmakers to create policies and legislation that solves problems and doesn’t create new ones. Industry officials are hoping that the initiative, ultimately, will keep federal regulators from butting in. But the other hope is that illegitimate businesses might not be able to operate, thus keeping out bad apples.
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January 30, 2012

Show Your Voice And Stand Up to Los Angeles Medical Marijuana Ban

By Cannabis Law Group

As the Marijuana Lawyer Blog reported earlier in January, Los Angeles officials are planning on implementing a “gentle ban” on medical marijuana citywide.

And The Weed Blog reports that city officials are planning a January 31 meeting to take a final vote on the ban. Bloggers are urging medical marijuana businesses, patients and others to come together to show their frustration with these developments.

Our Los Angeles medical marijuana lawyers also urge supporters of this industry to show your voice by speaking out against this ban. City officials are simply playing into the hands of the federal government, which is trying to intimidate them into banning this industry. Medical marijuana in Los Angeles is a legitimate business that has been hit with a negative public relations campaign.

The facts show that alcohol abuse and prescription drug abuse is a much more prevalent problem. But for some reason, the government only wants to make a big deal about medical marijuana. When people suffering from debilitating illnesses want pain relief, it makes more sense to give them a safer mode of treatment than one they can become addicted to and potentially abuse. Somehow, that hasn’t gotten across to many government types.

According to the blog entry, industry officials are hoping to put together a united front to discuss the matter with city leaders. The city’s planning commission has already voted to ban the “medical marijuana business” within city limits. The matter has now been passed on to the city council, which is planning to take a final vote. It’s expected they’re leaning toward going with the ban.

If medical marijuana business leaders come together and show that regulations are welcomed, but shutting down businesses is not, it’s possible leaders could be persuaded not to go forward with this plan. It’s believed that even if new businesses are banned from coming into the city, businesses that are already in place will be grandfathered in and will be allowed to continue operating.

How to show your voice:

The meeting is set for 10:30 a.m. January 31 or may be moved to 10:30 a.m. Feb. 1
It’s at Los Angeles City Hall, 200 North Spring Street, Room 340. Bring an ID
Prepare a 2-minute or 1-minute talk about why you’re opposed to the ban
Make the story personal and tell why this is bad

Anyone can help fight this poorly considered city plan. It’s the hope of Los Angeles medical marijuana lawyers that patients as well as owners of collectives and dispensaries will stand up to city hall and attempt to stop this ban. It is happening simply because officials are afraid of what the federal government may do and they are unsure of how court cases could affect them.

Tell city leaders how important these businesses are and why Los Angeles should stand out and not back down to federal pressure.
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January 30, 2012

San Luis Obispo Medical Marijuana Cases Dropped By D.A.

By Cannabis Law Group

The district attorney in San Luis Obispo recently dropped charges against a dozen people charged with providing medical marijuana, the New Times is reporting.

Our Los Angeles medical marijuana lawyers fight for the rights of anyone involved in the medical marijuana industry in California. Often, medical marijuana dispensaries in Los Angeles get shut down because of bad politics or uninformed people.

Sometimes, though, users — the reason these laws were put into place at the beginning — face harassment or violated rights by police and others. For some police officers, a person having a medical marijuana card still isn’t good enough. Despite clearly written laws that allow some people to possess, grow and use marijuana for medicinal purposes, law enforcement sometimes still try to make arrests.

While the laws are constantly changing based on court rulings and common sense decisions, there are some basic truths in California’s medical marijuana laws. And though some law enforcement officers disagree with them and believe the drug is illegal for everyone, those laws must be upheld just like every other law.

In San Luis Obispo, more than a year after charges were initially filed, 12 local medical marijuana providers were arrested and charged with violating drug laws, the charges have been dismissed.

At the time, the newspaper reports, the head of the now-defunct SLO County Narcotics Task Force said there was “concrete proof” there would be 12 full convictions for the charges. Recently, after more than a year of court hearings and motions, a prosecutor admitted that there is insufficient evidence against six of the nine remaining defendants.

Charges against six were dropped, while another co-defendant had a similar hearing. Charges ranged from possession of marijuana to child endangerment. But the state said it intends to appeal the cases to a different court to see if another judge will agree with their interpretation of medical marijuana laws.

The newspaper reports it could take years for the appeals court to make a decision on the matter and in that time frame, the defendants remain in limbo. For many, cash, medical marijuana, access to bank accounts, computers and other possessions are being held by police. While charges were dismissed, the prosecutors could re-file if they get a favorable ruling by the appeals court.

Their attorneys vow to file motions to return their property, but it could be difficult for them to get that ruling since the cases are still considered legally open. The defendants feel as though the prosecution is playing a game with them — trying to disrupt their lives rather than do justice.

The major delay in the case was based on argument over proposed jury instructions. Prosecutors trying to convince a judge not to include language of “medical marijuana” and “collectives” in the instructions a jury would hear. But the defense prevailed, which led to the state dropping the charges.
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January 22, 2012

Anaheim Extends Medical Marijuana Ban For Another Year

By Cannabis Law Group

It’s been a trying year for those involved in the medical marijuana industry in California. Federal pressure and threats of criminal prosecution have caused many businesses to shut down, while that same pressure has caused local leaders to buckle down on Orange County medical marijuana dispensaries and those statewide.

That has happened in Anaheim, where city leaders recently extended a year-long ban on medical marijuana dispensaries, The Orange County Register reports. Our Orange County medical marijuana lawyers are disappointed that local leaders have decided to ignore the will of the people, who clearly believe that this medicine is good for California. 299648_thats_lame_bad_andor_stupi

While the original vote in 1996 allowed medical marijuana cultivation, distribution and use, the 2003 law passed by lawmakers gave the industry some direction, including giving local governments more power.

That’s why Anaheim city leaders were able recently to continue a ban that was already in place. The newspaper reports, however, that this only bans new medical marijuana dispensaries and doesn’t affect businesses already in place.

At a recent council meeting, city leaders heard from several medical marijuana supporters who urged them to consider not extending the ban. But leaders listened and then, without any debate among themselves, extended the ban.

The ban has been in place since 2007, after the city’s law was challenged by patients who argued that it unfairly limited their rights guaranteed by state law. A judge ruled in August that the city’s law doesn’t conflict with either the 1996 vote or the 2003 law, but that case is now being appealed, leading officials to keep the ban in place until the court case is ruled on and settled.

There are still many medical marijuana dispensaries operating in Anaheim, but new dispensaries are not able to get permits to open businesses. Some critics say city leaders are being hypocritical on the issue, having hosted medical marijuana conventions and other gatherings at city-owned venues in the past.

Recent court cases also boosted the city’s decision to keep the ban in place. Late last year, a court of appeals ruled that cities have the legal right to ban medical marijuana dispensaries. In a different case, a court ruled that cities can’t create laws to permit and regulate businesses.

So, the court cases show that these matters are unsettled and it may still be some time before city and county leaders really have a good grasp on what to do. In the meantime, businesses are coming under scrutiny at a time when patients are forced to pay more in order to get their medication based on supply and demand. Our leaders should submit to the will of the people and not to the will of those who put on the most pressure.

Our Orange County medical marijuana lawyers are prepared to represent those involved in any area of the medical marijuana debate, whether users, distributors or cultivators. We believe that this state law is important to providing medicine for the sick and we will help those who face interference.
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January 14, 2012

Riverside County Dispensaries, Others Come Under Fire For Medical Marijuana

By Cannabis Law Group

The Associated Press recently reported that many states, including California, have had to deal with conflicts because while voters have sought and lawmakers have approved medical marijuana, the laws have given individual communities the right to lock them out or shut them down.

Such has been the case recently in Riverside County, where authorities continue to try to shut down medical marijuana dispensaries despite the state law legalizing them. We recently reported on our Marijuana Lawyer Blog the struggles these business owners are having.

Our Los Angeles medical marijuana lawyers are dedicated to helping those who are involved in this industry.

But it has been a difficult road for those involved with medical marijuana in California because of the backlash that some people have displayed on this industry. There has been pressure from federal prosecutors, who have threatened to file criminal charges against those involved in the industry.

Even though it’s legal to run these businesses in California after getting clearance from local and state officials, the threat of criminal charges and jail or prison time has done unending damage. Many landlords have threatened to kick out medical marijuana dispensaries after they were told by law enforcement that they could face charges for harboring criminals.

These threats worked. Many landlords who rented space to people who were legally operating these businesses succumbed to the pressure and quickly kicked them out, even in cases where leases were in place. This caused medical marijuana dispensaries to lose money and business, requiring they find a new office as well as reconnect with their customer base.

On top of that, many people had to pay more for rent the second time because in order to take the risk of prosecution, some renters used that threat as a way to jack up rental fees. Everyone’s looking to make a buck.

As the Associated Press reports, not only have landlords taken these threats to heart, but so have local lawmakers. After the threat of prosecution and the reminder that California’s state laws and the federal government’s drug laws vary, some local politicians began putting pressure on local medical marijuana businesses.

As the article states, statewide, there are 185 cities and counties that have banned dispensaries entirely. In other states, including Colorado, New Jersey and Maine, honest businessmen and businesswomen have struggled to run their businesses while finding governments that are willing to let them in.

Sadly, local leaders believe this is going to solve the problem of illegal marijuana use. But, actually, it’s hurting their cause. For many patients who have the legal right to use marijuana, they are turning to the black market to get their medicine of choice.

The story reports that 60 governments in California have local rules for dispensaries, including where they can be located. A 2003 law left much of the power for this industry up to local leaders. Medical marijuana supporters believe that many cities have used this power to essentially ban dispensaries, despite the law in place on the state level.
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January 10, 2012

California Man Gets Flak In Trying to Set up Medical Marijuana Dispensary

By Cannabis Law Group

A Northern California man has been tapped to supervise a new program in Maine to begin opening dispensaries, but has faced political and logistical problems, Mainetoday.com is reporting.

Los Angeles medical marijuana lawyers have seen that experts in this field have gone on to help officials in other states get their programs started and that’s a good thing. While this industry has had its ups and downs in California, that’s in large part due to the resistance of being such a ground-breaking operation.

Since 1996, while there has been plenty of pressure put on by politicians and law enforcement officers alike, medical marijuana in Los Angeles and statewide has largely been a success. There is a strong base of support and it’s growing.

So, it’s no wonder that many people involved in the cultivation and sale of legal medical marijuana have gone on to help others throughout the state as well as in other states learn the pitfalls and problems with the craft.

Maine followed California and in 1999 legalized medical marijuana in limited possession cases. But the law lacked any means for growing or distributing the drug. In 2009, voters approved a bill that now provides dispensaries for medical grade marijuana for people who have debilitating and chronic illnesses. It became the fifth state to to do.

So now a Northern California man has been slated to supervise a program after it was awarded four dispensary licenses by the state. He believes one of the four sites requires a 10,000- to 20,000-square-foot building in order to grow enough marijuana for the four dispensaries they operate in Maine.

As three other dispensaries are set to open, the one location scheduled to be the base dispensary only is a 3,300 square foot building. He says in a good year, he could yield about 300 pounds of marijuana at that site with a maximum of 500 pounds using an elite grower with a high-yield and short-flowering strains.

But, he believes the site is “inadequate” given the number of patients in the area and whom they want to serve. Based on Maine law, which allows growers to grow six plants for every patient, he won’t be able to stack small plants toward the ceiling to maximize space. But based on the state’s laws and requirements, he said he’ll have to provide a healthy vegetative space for each plant.

Space and access is often a problem for California medical marijuana dispensaries. Given the recent pressure from federal prosecutors to shut down these operations, many landlords have kicked people to the street even though they are operating legal businesses.

This added pressure has encouraged local leaders to cut down on the favor they provide these businesses. So, even though there are many California residents with a need for this drug for pain purposes, their representatives in government aren’t willing to help.

Instead, they are more focused on how to find favor with the anti-medical marijuana vote by putting pressure on this industry, cutting down on permits and seeking to put restrictions on dispensaries opening up. However, through continued work and pressure to lawmakers, this industry will continue to thrive.
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January 6, 2012

Have a Los Angeles Medical Marijuana Prescription But Arrested Out-of-State? You’re Like Snoop Dogg

By Cannabis Law Group

California music icon Snoop Dogg was recently arrested by border patrol agents in Texas after marijuana was found by a drug-sniffing dog on his tour bus, the New York Daily News is reporting.

The 40-year-old, whose real name is Calvin Cordozar Broadus Jr., told authorities that the marijuana belonged to him. While he has a prescription to possess medical marijuana in Los Angeles, Texas officials say they have a zero tolerance policy in that state.

Our Los Angeles medical marijuana lawyers have seen this problem time and time again and there is not a good answer. For patients who require medical marijuana to ease the pain of cancer and other serious ailments, traveling out of state can be a difficult situation. We recently reported the case of a woman whose medical marijuana was seized by TSA agents, though she was allowed to proceed.

This can even be problematic for those people who travel from California to states where people are allowed to have medical marijuana with an identification card. In such cases, it is often illegal to transport your legal marijuana in California to another state where you don’t have an identification card. It can be even more difficult for those who travel to states where marijuana is considered an illegal drug, even with a proper prescription and identification card.

In Snoop Dogg’s case, he was pulled over during the weekend in a small Texas border town called Sierra Blanca, the New York Daily News is reporting. According to sources, authorities found a half ounce of marijuana and several joints inside a prescription bottle that was in a trash can in the back of the bus.

In Texas, there is a zero tolerance policy in place for people who are found to have been in possession of drugs, even such a small amount. Given the minor amount, he was issued a citation for misdemeanor drug possession and he was released by authorities.

The rapper has gotten in trouble with the law before for his use of marijuana. In 1998, 2001, twice in 2006 and 2007, he has been arrested for marijuana possession. Mr. Dogg has made a career off lyrics that highlight his use of the drug.

Cases like this go to show the unfair treatment medical marijuana gets in other states compared to others types of painkillers. If a person shows an officer their prescription for Oxycodone or Percocet, the officer in most cases would simply let the person go on their way.

But because of the stigma involved with medical marijuana, law enforcement treats it not as a prescribed drug, but as an illegal drug. Yet, people illegally abuse prescription drugs all the time. In fact, it has become a major epidemic in this country — people convincing doctors through fake pain that they require heavy dosages of prescription drugs. In many cases, the doctors are involved in the scheme by working with distributors to profit off of this illegal act.

And yet people who simply use marijuana as a pain killer are being arrested out-of-state for trying to ease their pain. Sadly, there are few ways around these charges. Most law enforcement aren’t going to turn away from their state’s law for another’s state’s law. It’s just not going to happen. Medical marijuana patients must be diligent in avoiding these types of charges.
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January 4, 2012

Court Rejects Medical Marijuana Suit; Others Fighting Back on Behalf of Growers, Distributors and Users

By Cannabis Law Group

To say the fight in support and against medical marijuana in Los Angeles is heating up would be inaccurate because that would imply it ever cooled down.

But watching the news both in California and in other states shows that supporters of this legitimate business industry, including our Los Angeles medical marijuana lawyers, are making some strides in dispelling the incorrect rumors about the industry and getting other states to follow California’s lead.

In Arizona recently, a U.S. District Court judge dismissed a lawsuit filed by Arizona officials that sought to clarify whether it’s voter-approved medical marijuana law trumps federal drug laws. It was an unusual request by the governor, who was seeking clarification about whether the state’s law or the federal law should rule supreme.

Los Angeles medical marijuana supporters should be happy that a judge refused to consider the issue because had she not tossed the lawsuit, a ruling in favor of federal law could be applied to every state that has medical marijuana laws in place. Often, one case can be cited as a reason to apply it to other cases, even if they are in different states. And there are plenty of people in California, as well as Washington D.C., who want to step on the will of the voters.

In dismissing the lawsuit, the judge said the state wasn’t able to show that its workers were at risk of federal prosecution based on the proposition passing or if state officials had intended to fully implement the law.

The law just passed in 2010 and would require state workers to issue identification cards to people who have medical conditions that require marijuana use. The state’s health department also gained authority to issue permits for dispensaries.

Officials are now deciding whether or not to appeal the ruling or begin licensing medical marijuana dispensaries. The state strategically filed the lawsuit in May, just days before the permit process was set to begin.

Although dispensaries have yet to be authorized, nearly 18,000 people statewide have gotten permission to use marijuana for various medical ailments. About 15,000 of them have asked for permission to grow the plant themselves.

The state’s lawsuit came at a time when federal prosecutors in all 15 states that have legalized medical marijuana, including California, began their politically based move of threatening federal drug charges against those involved in the industry.

Throughout Los Angeles, this led to those renting space to dispensaries kicking them out for fear they would be brought up on federal drug charges. Many businesses that serve the most sick residents were forced to close as a result.

Civil rights leaders have called on Arizona’s leadership to begin implementing legislation that was handily passed by voters. Would-be dispensary owners also have civil lawsuits pending against the state because of the calculated delays.

Our Los Angeles medical marijuana lawyers hope that this situation gets resolved in Arizona soon so the nearly 20,000 patients who need medical marijuana as a prescribed drug can begin getting help for their illnesses.
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January 2, 2012

“Blair Witch” Actress Was Involved in Los Angeles Medical Marijuana Industry

By Cannabis Law Group

The Blair Witch Project was a ground-breaking type of movie in 1999 when the style of videography shocked moviegoers for its realism despite its low-budget cost — the movie grossed nearly $250 million on a $600,000 budget.

Reuters recently caught up with the main actress from the movie, who recently published a book in which she detailed her time as a medical marijuana grower. Medical marijuana in Los Angeles has been legal since 1996 and yet it is still embroiled in controversy today.

Our Los Angeles medical marijuana attorneys are constantly amazed at how often this controversy tends to come into the spotlight. Every day it seems there is a new group either trying to shut down medical marijuana dispensaries, stop them from opening in a certain city or authorities threatening criminal charges.

But the thing about this industry is it has been helpful not only to the many patients who require this as a medication, but it has been been an economic boon to many communities and neighborhoods. No one is protesting doctors who give out pain pills like they’re candy (ok, almost no one), but these hard-working people face problems every day.

Heather Donahue recently told Reuters that she got into the industry after meeting a man at a meditation retreat. The man ran a marijuana cultivation business and he invited her to check it out, so she did.

She told the news service that she believes prohibition is doing a lot more to damage our citizens than allowing the free trade of the drug. She said she has faced some criticism for writing about her experience, but she said the names of those involved were disguised to protect their identities. She said she anticipated the problems some people might end up having based on the topic.

The reporter asked whether she had any regret or feelings of guilt for being involved in an industry that is still considered illegal under federal law, even though it’s legal under California law and has been for more than a decade. She gave an interesting answer.

“No I actually feel like what I was doing was putting something really positive out into the world,” the former actress said. “I think the problem is with the policy, not with the plant. So there was never a moral quandary for me in those terms.”

And there are many people throughout California who feel the same way. This is a legal drug, just like Oxycotin, and it is available with a prescription the same way. There are certainly problems with illegal growers and sellers, but that shouldn’t be taken out on honest businesses who are simply trying to follow the law as it is written where they live.

It’s unlikely that this conflict will go away any time soon, but our Los Angeles medical marijuana lawyers are prepared to represent and defend anyone who is wrongly accused or harassed for growing, consuming of distributing this legal medicine.
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December 27, 2011

Medical Marijuana Patients Still Being Harassed By California Police

By Cannabis Law Group

Our California medical marijuana attorneys have long supported patients who legally are able to purchase, carry and smoke marijuana for personal use.

And while California’s voters 15 years ago approved marijuana for legal use, there have been no shortage of controversies and problems. As a recent article out of Canada shows, legal marijuana users there, too, have been running into issues with law enforcement, who can’t keep straight who is legally using marijuana and who is breaking the law.

Unfortunately, people who legally use medical marijuana in California often get mixed up in problems because of miscommunication or overzealous police work. While police are still geared toward fighting the “War on Drugs,” they must sit back and recognize that California’s laws allow for medical marijuana use and they can’t assume every person who has marijuana on them is an unlawful user.

Such is the case of a Canadian woman recently interviewed by an Ontario newspaper. The woman has a medicinal garden on her property where she grows marijuana for medicinal purposes. She is legally allowed to use marijuana.

The woman spent $30,000 for 17 different prescriptions for painkillers and tranquilizers to ease the pain she was experiencing and that cost didn’t include the bills for hospital stays. That was 10 years ago. Five years ago, she began smoking marijuana and the symptoms went away, easing her pain. She no longer takes any prescription drugs.

She is happy that she no longer has to rely on pricey prescription drugs to mask the symptoms that make her life difficult, but she is still frustrated by the fact that she faces harassment from law enforcement.

Licensed drug users in Canada have an identification card and a packet of paperwork that prove they are able to legally consume marijuana. But healthcare bureaucracy has gotten in the way of helping patients. Health Canada, the government-run health system, requires the stack of paperwork and not simply the card as proof. But police officers typically only want to see the card.

When she is stopped, officers want to know how much marijuana she’s carrying and where she is growing it. She says she is allowed to grow 126 plants, put 6,570 grams in storage and carry about 900 grams of marijuana on her, but she says she doesn’t for fear she could get robbed. But, while that’s a large amount of the drug, it’s meant to act the same as any other prescription drug.

The amount she can have is determined by her physician and she is legally allowed to smoke it anywhere, except where local ordinances prohibit smoking in public. Earlier this year, she was detained after she went outside a bar to smoke a joint. The bar’s bouncer refused to let her back in and he called police. She was detained for hours after proving she could legally smoke marijuana.

Police argue that they must answer calls from neighbors who worry a person is illegally smoking marijuana and must treat it as a drug case. They must verify that the person in question is, in fact, a legal user.

This is a conflict that has no easy answer. If a person pops a pill in public, most people wouldn’t say anything, but marijuana stands out and so people sometimes react by calling police. Even people who are pulled over and can legally possess marijuana must go out of their way to keep officers who are quick to arrest at bay. Our lawyers are prepared to fight for the rights of marijuana users throughout California.
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