Medical Marijuana in California

November 10, 2014

Patients Seek $600,000 in Damages for Warrantless Raids

Even though medical marijuana is legal in California, many patients can become ensnared in the criminal justice system. Law enforcement authorities are often looking for violations so they can charge users and distributors with drug-related crimes.

In a recent case, medical marijuana patients in Lakeport have filed a lawsuit against local law enforcement for Constitutional violations, including warrantless searches. The medical marijuana patients are also seeking a total of $621,000 in monetary damages and have succeeded in getting a preliminary injunction to stop local authorities from continuing with warrantless raids.

According to reports, a lawsuit was filed after several claimants allege they were victims of illegal raids over the past several weeks. The three plaintiffs range from 60 to 70 years-old and were growing their own plants. These medical marijuana patients were the target of raids in which local law enforcement officials broke through gates, illegally entered the property of each patient and seized their medical marijuana. The law enforcement agents did not have consent, a warrant or any legal authority to enter premises or seize property.
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November 8, 2014

Mom Launches Crowd-Sourced Marijuana Venture

By Cannabis Law Group

Crowd-sourcing has become an increasingly common way to raise capital for artistic projects, business ventures, medical emergencies and other personal or business endeavors. A Beverly Hills mother has taken to crowd-funding to raise money to bring medical marijuana to those in need.

According to NBC Los Angeles, the woman was diagnosed in 2007 with ovarian cancer. With only months to live, she began smoking medical marijuana and refused hospice. She credits cannabis with saving her life, and has since become a cultivator and staunch advocate of the drug.

Now in recovery, she helms the Beverly Hills Cannabis Club, and has developed a reputation as a fierce fighter for medical marijuana. She has appeared on TV shows and as the subject of magazine articles, promoting her business and her beliefs.

She has been called the “Martha Stewart of marijuana.” Though she may not fit the mold of a stereotypical pot smoker, she is more familiar than most with the benefit that the drug can have. She is using her platform to bring medical marijuana to others.

Her advocacy helps to remind the public that the face of medical marijuana is not a college-aged stoner/slacker. These are mothers. Children. The elderly. Each are suffering from severe and debilitating conditions. For them, marijuana is medicine. The drug has proven effective in coping with symptoms related to epilepsy, PTSD in veterans, cancer, and a host of nerve disorders.
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November 6, 2014

A New Study on Marijuana’s Effect on the Brain

By Cannabis Law Group

A primary concern for many opponents of marijuana legalization is the impact on the brain, especially for teens and young users. New research provides an in-depth look at how marijuana effects the brain. According to an article published in The New York Times detailing research completed by the Massachusetts General Hospital and the Harvard Center for Addiction Medicine, an increased denseness in the pleasure center of the brain indicates that the brain may adapt to marijuana exposure. Some theorize this “rewiring” suggests the brain has a reward system that begins to demand the drug.

According to the report, researchers reviewed composite scans of the brains of 20 pot smokers between the ages of 18 and 25. Evidence suggested even those who smoked one or two times a week experienced key differences in two areas of the brain. The structural differences in the brain were even greater the more a subject smoked.

Marijuana use has been showed to reduce pain, improve appetite and help to combat symptoms related to diseases including epilepsy, cancer, PTSD and a host of others. Despite these benefits, many critics point out that recreational use can have a deleterious impact on the brain. Previous research showed that those who smoked pot at a young age were more likely to have learning and mental health issues.
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October 19, 2014

California Marijuana Legalization on a State and Local Level

By Cannabis Law Group

While there is no question that the country is moving toward legalization of marijuana, there is a question of who is driving the recent trend. Some laws are created at the state level, while local governments enact others.

A recent article from Capital Public Radio looks at how the efforts to legalize marijuana in California are in some ways similar to efforts to ban the use of plastic bags.

Across the country, state and local governments have been passing laws to ban the use of plastic bags. The reason behind these laws is that after being used a single time, many of these bags find their way to local waterways and landfills. In landfills, they will remain for hundreds and even thousands of years. In water, they can break down in as little a year, but they release toxic chemicals in the waterway during the process.
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October 12, 2014

San Diego Man Arrested for Shipping and Selling Marijuana

By Cannabis Law Group

Illegal distribution and sale of marijuana can result in significant state or federal criminal charges. Penalties may range from fines to an extended jail sentence depending on the severity of the offense. In a recent case a San Diego man was arrested and charged with shipping and selling marijuana in Manitowoc. According to reports, the 67-year-old defendant was arrested and charged with one felony count of delivering marijuana over 10,000 grams and two felony counts of delivering between 2,500 and 10,000 grams. He was booked in Manitowoc and his bail was set at $150,000 cash.

Despite loosening marijuana laws and decriminalization in many states, criminal charges remain a threat to those in the marijuana business. Our Orange County marijuana dispensary attorneys are dedicated to raising awareness to protect the rights and interests of individuals and business owners throughout Southern California. In addition to providing strategic criminal defense, we are also prepared to help dispensary owners establish legally compliant business operations. In the event of a criminal investigation or charge, any defendant should consult with an experienced attorney as soon as possible.
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September 26, 2014

Berkeley Ordinance Mandates “Welfare Weed”

By Cannabis Law Group

Berkeley City Council has passed an ordinance that will require medical marijuana dispensaries to distribute 2 percent of their stash to those making less than $32,000 per year or $46,000 per family.

Those residents with a prescription who meet the annual income minimums will be eligible for what has been dubbed “welfare weed.” According to the New York Times, the ordinance was approved unanimously with the hope of making medical marijuana affordable and available for all residents. The ‘charity cannabis’ mandate has significant support throughout the city and region, though it has also been mocked in the city known for its liberal leanings.

While many say the ordinance will help residents get access to the drug they may need for pain relief and other medical symptoms, other critics say that more access to weed is not going to help them get out of economically difficult situation. Our Orange County medical marijuana attorneys are abreast of the legal changes in marijuana law in Southern California and nationwide. In addition to keeping up with trends in sales and regulatory matters, we also represent individual marijuana users, dispensary owners, and others involved with the industry. We can help ensure compliance and protect our clients against liability.
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September 20, 2014

More Banks Open Doors to Marijuana Dispensaries

By Cannabis Law Group

For marijuana businesses, banking and investing can be complicated given federal prohibitions against marijuana sales. While a growing number of states are approving marijuana for medical use or recreational use, those involved in the marijuana business face a legal predicament with regards to banking.

Local and national financial institutions do not the risk of taking “drug money.” Many businesses have been forced to operate on a cash-only basis, leaving them vulnerable to theft and other crimes. Despite previous challenges, recent reports indicate that the banking industry and federal regulatory agencies may be opening doors to dispensaries.

Since Colorado legalized recreational pot at the start of 2014, more than 100 banks and credit unions nationwide have begun banking with marijuana dispensaries and other companies. While this is only 1% of the total banks in the country, it indicates marijuana business owners are getting more opportunities in the financial sector. Our Orange County marijuana dispensary attorneys are dedicated to protecting the rights of clients throughout Southern California. We are abreast of changes in marijuana law, compliance issues, as well as complex legal questions for pot business owners and operators. In addition to helping ensure compliance, we are also able to provide strategic representation in the event of a criminal investigation.
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September 15, 2014

Government Wants to Buy 12 Acres of Marijuana for Research

By Cannabis Law Group

While the federal government has not yet legalized the use of marijuana for research, a branch of the National Institutes of Health has posted an ad, seeking out 12 acres of marijuana for testing and research on drug use and addiction. To complete the research, the agency is soliciting proposals from those who process, analyze, store, and distribute cannabis. According to a Times Report and the federal website, the agency is looking for bids from growers who have a secure facility with video surveillance. Successful bids should also be capable of growing and processing 12 acres of marijuana and building a 1,000 square foot greenhouse for test planting. Based on information provided in the site, the agency is looking to test the plants and have the premises secured by the Drug Enforcement Administration and the Food and Drug Administration.

The government agency is looking to test specific strains of plants that may be related to drug addiction and abuse. Our Orange County marijuana attorneys are dedicated to protecting the rights of medical card holders, dispensary owners, and other individuals and entities involved in the marijuana business. We are committed to raising awareness about developments in local, state and national marijuana law. Our attorneys are also committed to keeping marijuana business owners abreast and in compliance with the law.
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August 31, 2014

A Pursuit, A Car Crash, and an Exposed Grow Operation

By Cannabis Law Group

While some marijuana grow operations are uncovered after months or even years of investigation, others are discovered by law enforcement, almost by accident. In a recent case, a police chase in Huntington Park ended when a car collided with a warehouse wall, exposing an illegal grow operation. Not only did law enforcement officials catch their target, but they also were able to pursue criminal charges against the individuals responsible for the property. According to authorities, there were 800 plants sized after the wall exposed the growing operation inside.

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The property was shared with other businesses who claim that they often smelled marijuana emanating from the warehouse. According to reports, the owner of the property was renting the area of the warehouse to store vintage cars. Now authorities have evidence that this was an illegal growing operation. Our Orange County marijuana law attorneys are experienced in representing marijuana dispensary owners, medical marijuana users, and other individuals who have been charged with marijuana crimes. We have a thorough understanding of California criminal laws as well as medical marijuana law to best protect the interests of our clients. Our team will also review the evidence obtained through any search and seizure to ensure that law enforcement authorities acted lawfully.
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August 24, 2014

A Marijuana Shipping Initiative That Defies Federal Prohibition

By Cannabis Law Group

In Washington and Colorado, where recreational pot has been legalized, business owners are exploring innovative and effective ways to distribute their products without being held liable under federal law. Given the federal prohibition of marijuana use, possession, sale or distribution, many business owners have struggled to ensure compliance while also remaining innovative in the growing market. One family in Colorado is taking a bold effort to expand their marijuana business to a national market despite federal laws.

According to The New York Times, the family has been selling a certain strain of cannabis to help treat epilepsy. The strain has been grown in greenhouses and outdoors in accordance with regulations, but now the business is planning to ship the extract to other states. This decision is arguably in violation of federal law; however the family has deemed the product “industrial hemp” or a low-level THC strain. Our Orange County marijuana attorneys are dedicated to protecting the rights of marijuana dispensary owners, growers, and medicinal card holders. We are also abreast of the changes in marijuana laws in California and nationwide.
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