marijuana lawyer L.A.

August 15, 2016

Court: “Cloned” Marijuana Is Still Marijuana

What exactly is a marijuana plant? marijuanaplants

Seems a fairly straightforward question with a simple answer. However, the issue has been muddled in Michigan, where the Court of Appeals had to take on the issue in Michigan v. Ventura.

The issue was raised after police in Grand Rapids raided the home of the defendant in this case, who was a medical marijuana card holder. Once inside, authorities discovered 21 marijuana plants – plus an additional 22 “clones” of those plants. Either way, he was over the limit of 19 that he was allowed to grow under the state’s 2008 medical marijuana law. Still, the language of the law was a bit hazy to begin with. Beyond that, the difference between being three plants over and 25 plants over is significant in terms of charges and penalties.

Defendant argued the 22 clones – which were portions of the plant that had been transplanted to different pots – were simply leaves and cuttings. However, after referencing the dictionary, a federal case and decision handed down recently by the Idaho Court of Appeals, the three-judge panel all agreed the clones were in fact plants. That means defendant violated the law by owning 43 plants, meaning he’ll get no reprieve on the penalty that requires him to serve two years on probation and 120 hours on community service. Continue reading

May 13, 2016

Small Marijuana Growers Fear Corporate Takeover in California

By Cannabis Law Group

For years, the biggest threat for small-time marijuana dispensaries and collectives in California were the authorities – namely, the federal government. Now as that threat is waning, a new one has emerged: Big business. cashbriefcase1

California was the first to legalize the drug as medicine in 1996, but those who dispensed marijuana were never allowed to make a profit. Until now.

Well, actually, two years from now. That’s when the measure that will pull marijuana off the black market will fully go into effect, and the new California medical marijuana czar will initiate the licensing, product testing and tracking seed-to-sale of the drug. And for the first time, dispensaries will be allowed to make a profit.

The New York Times reported that last year, the California medical marijuana industry generated some $2.7 billion in sales. But all of that was funneled through non-profits. Now, companies will actually be allowed to profit from it, and there will be no limitation on how many plants farmers can grow. Continue reading

May 11, 2016

Proposed Law: Landlords Could Nix Tenants’ Marijuana Smoking

By Cannabis Law Group

A proposed state assembly measure would give landlords the authority to ban tenants from smoking medical marijuana inside their residences. smoke

The measure was introduced by Assemblyman Jim Wood, the Democrat from Heraldsburg who pointed to a study by the University of California San Francisco indicating secondhand smoke from marijuana could result in damage to the cardiovascular system, similar to what has been identified with tobacco.

Although landlords already have the authority to prohibit smoking cigarettes or other tobacco products on their properties, this development is troubling for the fact that it involves medicine. Tobacco is not typically used for its medicinal properties. In fact, it has proven a massive public health threat. On the other hand, despite the fact marijuana is considered a Schedule I narcotic by the federal government, it has many known medicinal benefits. Continue reading