Medical Marijuana in California

December 24, 2011

Three Arrested in Connection With West Hollywood Marijuana Dispensary Robbery

Three men were recently arrested in connection with the armed robbery of a West Hollywood marijuana dispensary recently, the Los Angeles Times reports.

Los Angeles medical marijuana dispensaries are always at risk for a potential robbery because while legitimate businesses are simply trying to adhere to the law and work legally, there are still illegal drug dealers who try to steal the drug so they can profit on the black market.

And while some people try to use these random reports of criminal activity at pot shops as a reason why cities and counties shouldn’t allow dispensaries to operate. But what they don’t mention, our Los Angeles medical marijuana lawyers point out, are crimes that happen at convenience stores, liquor stores and other “hotbeds” for criminal activity. No one is pushing for these businesses to be closed, yet medical marijuana small business owners are targeted unfairly.

In this case, the newspaper is reporting, the suspects entered a medical marijuana dispensary in the 7000 block of Santa Monica Boulevard during a recent Saturday night. The three men walked into the store with guns and tied up the six employees and were made to lie down in the back of the store.

The newspaper reports that the store’s manager was forced to open the safe, according to the Los Angeles County Sheriff’s Department. The men got off with an unspecified amount of money, cell phones from the employees and an undetermined amount of marijuana.

Sheriff’s detectives report that they were able to find the three men after tracking them to a home in Lancaster, where victims identified them as the culprits. After authorities searched the home, they were able to find the marijuana, money and cell phones as well as the guns that were used in the crime.

Arrested were a 29-year-old from Compton, a 30-year-old from Los Angeles, and a 35-year-old from Lancaster, the newspaper reports. They are being charged with suspicion of robbery and kidnapping, major felony charges that could end in prison sentences under California law.

Our medical marijuana lawyers are grateful that the police were able to track down the people they believe are responsible for this terrifying robbery. We recognize that illegal drug dealers see marijuana dispensaries as an easy target for crime, but the same could be said for any small business that has a cash register and expensive goods.

We encourage local leaders not to assume that these marijuana businesses are bad for the community or “attract” crime because that’s simply a mischaracterization of the truth. These small business owners are trying to simply follow state law and run their companies like any other form of business. Sadly, they are stuck in the middle of a political war that keeps them from truly enjoying a free working environment. Hopefully, as the issue of medical marijuana in California evolves, so, too, will the acceptance of these needed businesses.
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December 11, 2011

Fed Enforcement on Medical Marijuana in California Leads to High Prices

By Cannabis Law Group

Several news articles have reported that the recent federal crackdown on medical marijuana dispensaries in Los Angeles and statewide has led to record profits as prices soar.

This certainly isn’t positive for the users with medical problems who seek this treatment, but it is for the business owners who are risking prosecution to run their small businesses. Or is it? These businesses must remain nonprofit and this could be one more means of prosecution as both state and local government continue to talk out of both sides of their mouth.

Our medical marijuana lawyers would bet that the people of California didn’t vote for medical marijuana so that the people who needed it would be hurt by inflated prices.

Yet, the actions of the federal government have caused that. Many dispensaries have been shut down because of threatening letters and calls directed at landlords who have rented to these businesses. In other cases, letters have been sent directly to the businesses themselves, threatening to bring them up on criminal charges, including money laundering charges, despite the fact that they are legally operating the businesses within thestate’s laws. It is a classic states v. federal argument that won’t go away any time soon.

Based on the increase in federal involvement in California, The Sacramento Bee reports, a pound of outdoor-grown marijuana is selling for 20 to 40 percent more than it has in the past, analysts say.

While prices have declined since 1996, when marijuana was legalized in the state, they have increased lately. The industry has had a black cloud launched over it by the feds, who have threatened prosecution. Some experts say growers have illegally shipped their product out of state to maximize profits.

Another story by California Watch reports that production levels have dropped this year. Part of the reason is because of rainy weather and a “bumper crop of mold,” some experts and analysts say.

Some growers began cutting down on production once the federal government swooped in and began making threats of criminal prosecution. Some decided to “lay low” and cut back on how much they were growing in order to avoid detection.

As like any other industry, a cut down in production meant an increase in prices. Where a pound of marijuana used to go for $1,000, it has recently been going for as much as $2,000 or $2,500 per pound. And the cost is being passed on to users.

The government took credit for an increase in prices, stating that the use of informants, wiretaps, undercover agents and an effort to intercept marijuana being sent through the mail has led to the market being “significantly disrupted.”

Some legal growers are upset that an increase in prices in California could end up benefiting illegal, black market growers and hurting those who are playing by the rules and obeying state laws. The bottom line is that if the feds are going to go after people for marijuana, it should be the illegal growers, not those who are following local laws in trying to run a legitimate business. And they certainly shouldn’t be prosecuting people with cancer and other serious illnesses who need marijuana for healing.
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December 9, 2011

AG Holder Says Feds Won’t Prosecute Los Angeles Medical Marijuana Dispensary Owners

By Cannabis Law Group

In what appears to have been a 360-degree turn in the government’s stance on dealings with medical marijuana dispensary owners, Attorney General Eric Holder recently testified that prosecuting these business owners is a “low priority.”

A Colorado politician recently grilled Holder on the Judiciary Committee about medical marijuana and a June 1 memo that essentially told federal prosecutors that they were to prosecute people who cultivated, distributed or sold marijuana legally in states that allow it.

Now, Holder is saying that given the Justice Department’s lack of resources, this will remain a low priority. But do the owners of Los Angeles medical marijuana dispensaries really believe him?

Our Los Angeles medical marijuana lawyers certainly don’t. After months of threats from prosecutors, including to landlords who allow dispensary owners to rent from them, officials are saying they don’t plan to prosecute criminally.

But the months of harassment have done enough damage. City officials throughout California are concerned that they should ban dispensaries from opening up in their city limits. Many businesses have been forced to shut down because there was so much backlash they lost their offices and couldn’t find new ones with reasonable rents.

A 2009 memo told prosecutors that prosecution of “significant” traffickers of illegal drugs, including marijuana, remains a core priority, but the memo told prosecutors that it isn’t an “efficient use of federal resources” to go after people who have cancer or other ailments that require the use of medical marijuana, so long as they are doing it it legally in the state where they live. This protection also applies to people who may be taking care of them.

The June memo states that the agency’s focus hasn’t change, but that there had been a large increase in cultivation of marijuana as more dispensaries open up. The memo goes on to state that people who operate medical marijuana dispensaries in Los Angeles, the businesses that cultivate marijuana and those who distribute it to the dispensaries “are in violation of the Controlled Substances Act, regardless of state law.”

The most recent memo also states that “state laws or local ordinances” are not a defense to civil or criminal enforcement of federal law.” The prosecutors are able to come after these people for crimes, including money laundering if they make financial transactions with money they received from doing legal business. The business owners could be opened up to an array of federal financial crimes.

Rep. Jared Polis, D-Colo., who was doing the questioning, seemed pleased at the Attorney General’s answers, though there are major contradictions. The representative’s staff said that Holder said “medical marijuana businesses are not an enforcement priority,” but the June memo, which is still in place, speaks otherwise.

The bottom line is that federal authorities still believe that medical marijuana dispensaries should be prosecuted, even if they are legal in California. This is a mess and the Attorney General’s words don’t make it any easier to understand. Our Los Angeles medical marijuana lawyers are prepared to defend businesses and individuals who get ensnared in this political mess.
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December 5, 2011

Los Angeles Reports Nearly 400 Medical Marijuana Dispensaries Citywide

By Cannabis Law Group

The Los Angeles Times is reporting that 372 medical marijuana shops filed business tax paperwork with the city, proving that there are more medical marijuana dispensaries in Los Angeles that in any other city in the nation.

Our Los Angeles medical marijuana lawyers know this is despite heavy fire from the federal government, which is trying to impose its rules on a legal, voter-approved industry in California.

In recent months, federal prosecutors have made arrests and threaten arrests on others simply for following the state’s laws. They have sent threatening letters to landlords, saying they could face sanctions if they rent their space to these legal companies, causing many companies to go out of business.

It’s good to see, however, that these small business owners are fighting the good fight and working hard to make a living, despite the pressures from the Obama administration. Our lawyers believe these legal businesses should be able to continue operating as normal, despite outside opinions.

According to the news article, more dispensaries are still opening, though the 372 number is what is officially on the books with the city. But the article’s author suggests that some companies may be open but may not have filed the proper paperwork with the city. Can you blame them at this point?

City officials estimate there are more like 500 shops in the city limits. The city has spent years trying to shut down illegal shops — or legal shops for that matter. The newspaper reports that the city first attempted to determine how many shops it had in 2005.

The first year, police found four and a year later, 98. Once officials forced dispensaries to register to stay open, the number jumped to 186. Two years ago, officials estimated there were as many as 850.

In March, city voters approved Measure M, which required a 5 percent gross business tax for dispensaries, which is 10 times larger than the next-highest business tax. Officials believe it could raise as much as $10 million in revenue for the city.

In January, city officials are expected to take up the issue of a possible ban on dispensaries. A recent court ruling questions whether the city actually has the power to change public safety regulations, such as a restriction on where the businesses can be located. The court ruling also stopped leaders’ efforts to cap dispensaries at 100 through a lottery system.

A ban wouldn’t stop city officials from collecting the tax from dispensaries that choose to ignore the rules. Who’s on first?

Who can blame these small businesses? They are being threatened at every angle. First, the Feds are trying to threaten them and say the owners could be sent to prison. Then, city officials are trying to get rid of them even though they’re running a legal business.

Most companies are probably willing to pay the tax to stay open, but don’t want to be raided by officials who can easily spot them if they register with the city. This is a tough issue that hopefully can be resolved soon and not linger on.

Medical marijuana is what the people of California have wanted, despite resistance from many in the government. It is legal in California to sell marijuana to those who require it for medical use. That should be the end of the story, but sadly, it’s not. These business owners must continue to fight for their rights.
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November 29, 2011

Fight Continues: Medical Marijuana in California against Federal Government

By Cannabis Law Group

As the federal crackdown against medical marijuana in Los Angeles and elsewhere continues, many within the billion-dollar industry await a hopeful sign. Marijuana was approved by voters in California back in 1996 under Proposition 215 and the federal government has no right to come in and push around the state-authorized industry.

California’s not the only state that has legalized the drug. The District of Columbia and 15 other states are also in legal limbo as their drug laws meet with federal contradictions. The new crackdown is going against what was said in 2009 by the Justice Department, “Those providing medicinal marijuana to deserving patients use will not be punished as long as they do so in accordance with state law,” according to The New York Times.

Our Orange County medical marijuana attorneys understand that federal prosecutors have been recently on the hunt for growers and dispensaries throughout the state. The Internal Revenue Service is stepping in too, threatening tax charges against California’s biggest dispensaries. Feds are stopping at nothing, threatening all associated parties, in an attempt to shut the industry down completely — a legal industry in the state.

Kamala D. Harris, the attorney general of California describes the state’s regulation attempts on the industry as “vague and chaotic.” That’s not positive reinforcement for the industry though. She is currently working alongside legislators to create a way for more consistent and strict control.

The recent federal crackdown on the industry could potentially leave nearly 1,000,000 patients with doctor prescriptions for the medicinal treatment without any help or treatment and suffering from their conditions.

Collectives of all sizes have the potential to contribute hundreds of millions of dollars to the state via tax revenue. These companies have also become members of better business bureaus and local chambers of commerce. Some have even come as far as purchasing “adopt-a-highway” signs. And now, of all times, the feds are trying to force the industry out.

Thomas D. Allman, the Mendocino County sheriff has handed out nearly 100 plant tags and permits to collectives across his county. Although these companies are following local law, they’re worried the feds will break in and shut them down.

What confuses most is why feds aren’t going after street dealers or criminals who distribute dangers amounts and version of the drug. Many wonder why the crackdown is targeting legitimate, law-abiding companies. Many advocates of medical marijuana accuse President Obama of going back on his promise to allow companies to operate within state law.

Feds say there’s not been a change in their guidelines, but in the proliferation of commercial companies working as profit-seeking dispensaries. Others say that it has become too easy to obtain a medical marijuana card and the industry is not long legitimate.

Regardless of why the federal government is targeting California’s medical marijuana industry, the truth remains that the practice is legal in the state and has been since 1996.

State Senator Mark Leno, a Democrat from San Francisco, says that there’s no need for what he calls the federal authorities’ “heavy-handed interventions.” California is a state that is capable of running its own industry and should be left to do so.
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November 27, 2011

West Hollywood Medical Marijuana Dispensary Robbed at Gunpoint

By Cannabis Law Group

A West Hollywood medical marijuana dispensary was recently robbed at gunpoint. The Los Angeles County Sheriff’s Department was able to locate and arrest three men in a nearby city who they believe robbed this shop, according to KTLA.

According to police reports, three men went to the Farmacy Medical Marijuana Dispensary, located on Santa Monica Boulevard, around 8:00 p.m. The men reportedly closed the front door behind as they entered the shop. One of the men used a gun to hold up six of the store’s employees while the two other men tied their hands up. After tying the employees up and forcing them to the ground, the manager was marched to the back of the store where the manager was ordered to open the safe. The robbers took the dispensary’s cash in addition to employees’ belongings and other store property.

Our Los Angeles medical marijuana attorneys understand that the Los Angeles Sheriff’s Department and other local law enforcement agencies oftentimes blame dispensaries for being robbery victims. The funny thing is that victims aren’t blamed in many other crimes. You don’t see law enforcement officers pointing the finger at convenience store clerks for store robberies, and medical marijuana robberies should be no different. These employees deserve the same protection and should have the same thorough investigations as any other company in the event of a crime. The industry is legal under California state law and these shops should be treated equally and fairly.

The three robbers allegedly stole medical marijuana, money and the employees’ cell phones. The three men left the shop and fled the scene after obtaining the property. No injuries were reported.

After a short investigation, the Los Angeles County Sheriff’s deputies determined that the three men were on their way to the Lancaster area. Sheriff’s at the station in Lancaster later found the men at a home in the city. Information regarding the location of that home has not been released.

The three men have been arrested on suspicion of kidnapping and robbery. One of the men is being held without bail as he was also arrested for violating parole. The other two are being held on $100,000 bail.

After obtaining a search warrant for that Lancaster home, officers located some of the employees’ property inside that house. The weapons used in the robbery were also reportedly discovered on location.

Medical marijuana shops are oftentimes blamed for attracting bad business and crime. This isn’t true. Recent studies have proven that the locations of pot shops do not alter the amount of crime in an area. These shops deserve to be protected and treated as any other business in the city. Medical marijuana was legalized by voters back in 1996 under Proposition 215 and shops have every right to operate in the state, meaning the same business practices and protection should be offered just as any other company would receive.
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November 25, 2011

Transplant Patient Kicked off Waiting List for Using Medical Marijuana in California

By Cannabis Law Group

A California man has been fighting cancer for the last two years and is in need of a new liver. He’s been on the Cedars-Sinai Medical Center’s transplant list for about a year and was recently removed because he didn’t show up for a drug test. He’s a user of medical marijuana in California. Because of this particular medicinal treatment, his name has been removed from the transplant list.

Doctors said that if he wants to get his name back in the list, then he has to stop using the drug for at least six months and has to undergo counseling. In the meantime, he’s still undergoing radiation and chemotherapy for the cancer. The cancer returned after being in remission, according to the Los Angeles Times. He asked the hospital to reconsider adding his name back to the list.

Our Los Angeles medical marijuana attorneys understand that medical marijuana users endure frustrating stereotypes and discrimination for turning to this medicinal treatment to treat a plethora of conditions, but this is by far one of the worst repercussions. These patients turn to this treatment because others have been proven ineffective to treat their specific condition. These patients have the same rights as any other and should not be discriminated against over their doctor-prescribed treatment.

“It’s frustrating,” said Norman Smith, the cancer patient. “I have inoperable cancer. If I don’t get a transplant, the candle’s lit and it’s a short fuse.”

A lawsuit against the Cedars-Sinai Medical Center is pending.

Currently, there is no policy in writing regarding medical marijuana users and transplants. According to the United Network for Organ Sharing. Centers that administer transplants make their own decisions on which patients are the best candidates for receiving organs.

Currently, there are nearly 20,000 people who are signed up and waiting for a new liver. The typical wait for this organ is just about a year.

Dr. Goran Klintmalm with the Baylor Regional Transplant Institute says that doctors are required to prioritize which patients need the transplants first. He goes on to ask if it’s right to offer a transplant to a patient who has a history of medical marijuana use. He says that you can argue all day if it was social or medical use, but the bottom line is that it was use of some sort.

Doctors say they’re concerned with the post-treatment medications and their side effects combined with medical marijuana use.

Dr. Jeffrey Crippin, who was the former president of the American Society of Transplantation, says that if patients are stoned, high or drunk that they may forget to take their medicine. Medical professionals try to claim that they’re not passing judgment on those who are users of medical marijuana, but say they’re looking out for the safety and health of the patients.

Smith says he’s going to continue on in this fight against the system and fight to be put back on the list for a new liver, if not for him then for the next guy. All patients deserve the same treatment, regardless of if they’ve turned to medical marijuana or not.
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November 12, 2011

Lawmakers Write Letter to President Obama about Enforcement Of Medical Marijuana in Los Angeles, Nation

By Cannabis Law Group

A number of members from California’s congressional delegation are sending their concerns about the recent federal enforcements against our medical marijuana dispensaries in Los Angeles and elsewhere to President Obama. According to Mercury News, a bipartisan letter was sent from nine U.S. House of Representatives addressing what they call an unconscionable and unreasonable crackdown on a number of dispensaries around the country.

In addition to addressing the violent and unreasonable crackdowns, the Representatives also requested that officials reclassify the drug to be considered a controlled substance to be monitored by fewer federal restrictions.

Our Orange County medical marijuana attorneys understand that patients should have the right to have safe access to this drug treatment and the relief that it provides. More and more doctors are recommending medical marijuana to their patients every day. California law allows patients to do just that and now they’re fighting off the federal government for a much-needed treatment. These Representatives find it absurd that the feds are targeting legitimate companies instead of those who are selling the product illegally on the street.

Just as U.S. Attorney General Eric Holder stepped into office, President Obama and his administration announced that it would be easing off of the federal enforcement efforts against the industry. The administration said that it would no longer be targeting users.

That promise was short lived, however. Throughout October, a number of U.S. attorneys in the state have taken a position against local dispensaries. They’ve conducted raids and sent out some pretty mean letters to dispensaries and landlords. In late October, the advocacy group Americans for Safe Access filed a lawsuit against the federal government, saying that it was commandeering state laws.

Under federal law, medical marijuana operations continue to be illegal.

A letter stating these pro-marijuana viewpoints was recently signed, sealed and delivered by seven California House members, Democrat Jared Polis of Colorado and Democrat Steve Cohen of Tennessee.

The letter included these points:

-State officials are concerned with the enforcement against dispensaries that are operating under local laws.

-U.S. Attorneys should not be focusing on federal resources within their designated state.

-Aiming to prohibit such medicinal treatment would not be fair to those who are battling serious illnesses and diseases.

-Threatening letters sent to the landlords who have rented space to dispensaries violates the state’s 15-year-old law which allows safe access to these medications.

-The state has seen far too many aggressive raids and threats of criminal prosecution from federal enforcement officers against state and local officials.

-Local governments should be able to create, enact and enforce their own laws to govern this industry. These laws should be made in the best interest of the community.

-This medicinal treatment continues to be recommended by doctors and physicians throughout the state as a legitimate and effective treatment.

-Brutal federal enforcement the locally governed industry is forcing patients to seek the medicine from the unsafe, unregulated illicit market.

-The drug should be reclassified as a Schedule II or a Schedule III and should be considered an effective treatment for various illnesses and diseases.
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November 10, 2011

Authorities Scare Families with False Claims of Trick-or-Treaters Getting Medical Marijuana in Los Angeles

By Cannabis Law Group

As we reported on our Marijuana Lawyer Blog last October, Los Angeles sheriffs are obsessed with marijuana, whether it’s in dispensaries, in collectives, in your home or in your child’s trick-or-treating bag. Last year, local officers sent out a warning to parents urging them to keep an eye on their kid’s treats. Officials were claiming that residents were handing out marijuana-filled treats to our young trick-or-treaters.

Well, our Orange County medical marijuana attorneys understand that the Los Angeles County Sheriff’s Department was at it again. They urged parents once again to keep an eye out for marijuana-enhanced candy, saying that residents are handing it out again, according to ABC News. It’s absurd that the sheriff is using Halloween as an excuse to scare people about marijuana. Where will these officers turn next? Will the Easter bunny put his marijuana in our children’s colored egg shells?

The sheriff’s department reportedly confiscated a number of edible items from marijuana dispensaries in the city. These items include snacks, soda and candy. Deputies believe they could somehow make their way to your child’s goody bag.

The sheriff’s department hasn’t admitted to locating anyone who was handing out the marijuana goodies this Halloween or last year either. They say they just want to alert the public about the possibility. They say these marijuana goodies aren’t always easy to spot either.

“If it doesn’t have a recognizable label on it,” said Sgt. Glenn Walsh. “If it’s not a recognizable brand, it should be considered at least potentially dangerous to the children.”

Some items are labeled with marijuana as an ingredient, but once that label is removed the items can be tough to spot, say local deputies. Walsh says that you can probably tell if it’s laced with marijuana if it tastes funny or if it has an odd smell. He says it won’t smell just like marijuana, but it will have that odd “skunk” odor.

Authorities are asking that all parents peek at their child’s candy before allowing them to dig in. They urge parents to keep an eye out for signs that indicate that your child may have eaten a marijuana-laced snack, too. Officials report that these signs include giggles, repetition, hallucinations, fast pulse, difficulty breathing, sweating, dilated pupils, confusion and disorientation.

According to Dr. Thomas Abramo, a professor at Vanderbilt University School of Medicine, these treats oftentimes contain very potent marijuana and kids may not be able to realize how much they’re eating.

Members of Americans for Safe Access (ASA) say that it’s absurd that people would even think that anyone would hand out marijuana-laced goodies to children on Halloween. They say there has never been any proof or any reports of any such thing happening. The only reason there are edible versions for the drug is so that patients can receive treatment even if they’re unable to smoke it. The group says that officers are simple trying to scare the public into believing marijuana is the true scare of Halloween.
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November 6, 2011

Gary Johnson Pushes Campaign and Medical Marijuana in Los Angeles, Nation

By Cannabis Law Group

Gary Johnson, a Republican potential presidential candidate, made a recent appearance at the International Drug Policy Reform Conference in Los Angeles.

There were advocates from around the state pushing for the rights of the medical marijuana industry in California. Johnson spoke at the event, making promises to marijuana advocates to issue a full pardon for any resident who is serving prison time for a marijuana crime deemed to be non-violent if he is elected into office. His speech invoked cheers across the crowd. Unfortunately, this candidate’s campaign is greatly lacking in much-needed media attention.

Last month the former governor of New Mexico appeared at Occupy Wall Street to speak economics with the protesters. Or take his announcement to forgo campaigning efforts in Iowa to focus on campaigning in New Hampshire. Many of these activities go unannounced with his lack of media attention. He continues on in being an advocate for tax reform to tax consumption in place of taxing income and an advocate for small government. Many political analysts have even compared him and his libertarian leanings to Ron Paul. One of his main viewpoints drawing attention is his current position on marijuana.

Our Orange County medical marijuana attorneys understand that Johnson has been pushing to legalize marijuana since 1999. He started the push as he was serving his second term as governor. He admitted to smoking the drug recreationally as a young boy. He reportedly started to use it recently to help to regulate his pain after a paragliding accident back in 2005. Whenever he’s campaigning, people look at him and refer to him as the “marijuana guy.”

Johnson is okay with that reputation despite the abundance of anti-drug supporters throughout the U.S. In a recent interview, Johnson quoted marijuana users as what could be the “largest untapped voting bloc in the country.”

Recently, Johnson spoke about the Gallup poll that determined about half of Americans support the legalization of marijuana. He also stated that virtually no politicians feel the way he does on this issue. He also recently discussed the viewpoints of the Republican rivals of his, saying that they’ve looked past the effects of their drug war at the border. He says that this war has been about violence, guns and manpower, where the focus needs to be on prohibition — the real problem.

Johnson’s viewpoints differ from many of his Republican rivals, except for Paul who says that each state should govern marijuana use. According to Mitt Romney, marijuana for both recreational use and for medical use should be banned nationwide, according to the Los Angeles Times. Johnson believes this medicinal treatment should be legal for all deserving individuals.

To make matters worse, Newt Gingrich, former Speaker of the House, is looking to expand the consequences and the prosecution for those who have been convicted of drug charges. He originally sponsored the “Drug Importer Death Penalty Act” in 1996. This bill aimed to give prison time or even the death sentence to those who have been convicted of trafficking drugs.
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