Marijuana Lawyer Blog

Medical Marijuana DUI in Orange County May Be Overblown, Call a Lawyer Immediately

Wed, 01 Feb 2012 10:24:54 -0600

Our Orange County medical marijuana lawyers reported on our Marijuana Lawyer Blog recently that in states where medical marijuana is used, there are fewer traffic fatalities.

Medical marijuana advocates say that this is true because fewer people are drinking alcohol and then driving to cope with their illness. If they legally can use marijuana, they are doing it at home and not in public where they could be arrested and therefore have no reason to drive. Those who oppose medical marijuana in Orange County, however, would argue that this means that younger people, who typically drink beer, are able to get marijuana more easily in states that allow it for medicinal purposes.

This also leads to questions about medical marijuana DUI charges in Orange County. Because there is always going to be scrutiny about medical marijuana in California, there is always going to be the possibility that drivers who are under the influence of medical marijuana will be charged with a DUI.

Officials state that the number of people being charged with prescription drug DUI is on the rise because of an increase in prescription drug abuse. But what these people don't report is that police are woefully unprepared and under-trained in their ability to properly recognize whether a person is driving under the influence of marijuana.

Some believe that less than 1/10 of 1 percent of all law enforcement officers worldwide are trained as drug recognition experts. That's fewer than 5,000 officers in the entire world who have the training to detect when a person is under the influence of drugs.

Every law enforcement officer gets months of training to figure out when a person has been driving under the influence of alcohol, but many don't get any type of training on how to determine if a person has been driving after taking drugs.

Also, there are so many kinds of drugs and all have different effects on a person. The individual themselves, including their body type and physical and mental makeup, can also alter how the drug affects them. So, it can be very tough to tell when a person is under the influence of a drug.

When that drug is medical marijuana, the picture becomes even hazier. If a person is in pain and has a prescription to legally use that drug to cope with the pain, what's to stop them from driving? If there is no warning label that tells them they shouldn't drive within a certain time frame of taking the drug, they shouldn't face the possibility of being arrested.

If a person pops a painkiller to cope with an illness and then drives to work, they usually aren't bothered. But for some reason, people who use medical marijuana sometimes get harassed by police.

According to the California Department of Motor Vehicles, the DUI arrest rate has continued dropping for years. According to data from 1997 to 2007, the rate dropped from 933 to 863 per 100,000 residents.

The department reports that drug-involved fatalities have increased substantially as well as drug-involved accidents. But the department's stat sheet doesn't provide information about medical marijuana cases specifically.

That could be because there are few cases where officers can actually prove a person is under the influence of drugs while driving. A breathalyzer machine isn't going to be helpful because those are designed to indicate a blood-alcohol level. Field sobriety tests can often be thwarted by a person's medical condition or weather and road factors.

The bottom line is that if someone is charged with a medical marijuana DUI, they should immediately call an experienced Orange County medical marijuana lawyer in order to get the legal representation they need. Many DUI lawyers may not know the medical marijuana laws well enough to properly represent a person in this situation.

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

Mon, 30 Jan 2012 15:13:17 -0600

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.

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

Mon, 30 Jan 2012 14:28:06 -0600

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.

Obama Wages War on Los Angeles Medical Marijuana Industry

Sat, 28 Jan 2012 13:56:57 -0600

As our Los Angeles medical marijuana lawyers have said from the beginning, the recent explosion of interest by federal prosecutors in California's medical marijuana industry has to be a political issue.

Most medical marijuana dispensaries in Los Angeles are operating legitimately and following the law. And despite the perception that local political leaders and law enforcement officials try to spread on the public, these business aren't trying to avoid regulation.

In fact, because of recent efforts by cities and counties throughout California to shut down the medical marijuana dispensary industry, rogue dispensaries are opening up, not paying local permit fees and can undercut prices as a result. It's bad for business and it gives all legitimate businesses a bad name.

And along with that kind of bad publicity, federal prosecutors have used their power of intimidation in recent months to threaten medical marijuana users and businesses into shutting down. The pressure has gotten to landlords, who have kicked out legitimate businesses based on threats of civil or criminal prosecution by the feds.

Local leaders, not wanting any problems with the federal government, have bowed down to the pressure as well, agreeing to suspend permitting practices and ban new dispensaries in their cities or counties until court cases that are still up in the air are settled.

Counter Punch, a political web site, recently wrote about the battle between President Barack Obama and the medical marijuana industry. The author writes that the recent pressure directed from federal prosecutors is part of a "shock and awe' campaign from the president, who is gearing up for a re-election campaign.

The article is critical of California's medical marijuana industry, writing that the problem is that there isn't enough regulation, which has brought out loopholes and court case challenges that has caused mayhem in the industry.

The author writes that criticism that California's laws are too broad, such that he obtained a medical marijuana card outside a medical marijuana festival without showing any medical history to a physician, though he admits he has had cancer and has been treated with chemotherapy. His partner, with no serious illness history, also has a card.

The author, a lawyer and supporter of marijuana for recreational or medicinal use, states that nearly one million people are arrested and prosecuted for marijuana use or possession each year. He argues that the drug should be made legal so that the country doesn't have to have this debate in the first place.

But he warns supporters of the medical marijuana industry not to be upset about what's going on because the system has been played by many people -- "patients" getting medical marijuana cards without real proof and rogue dispensaries opening up shop without permission. This was bound to make the government suspicious and bring on unwanted scrutiny.

The author does make some points and those are the same points medical marijuana supporters are trying to make today. Many want regulation. The more legitimate the industry is, the less critics and disruption there likely is to be. Prescription pain medication has become more of an issue than medical marijuana, yet that industry is not facing the same scrutiny.

Garden Grove Stops Orange County Medical Marijuana Dispensary Registration

Thu, 26 Jan 2012 15:45:54 -0600

Another city in Orange County is sticking it to medical marijuana dispensaries, The Orange County Register reports.

It's been like watching dominoes for our Orange County medical marijuana lawyers, who have seen city after city and county after county bow down to federal authorities and terrified city attorneys, who are trying to put an end to this legitimate industry.

Many local governments throughout California have done their best to disrupt the medical marijuana industry by shutting down medical marijuana dispensaries in Orange County and throughout the state. Some have cited federal pressure, which has been rampant throughout the year and others have pointed to court rulings.

Either way, patients who are desperate for medical marijuana in order to heal the pain of severe illnesses and small businesses that are simply trying to follow the law and run a business successfully are feeling the pinch.

Garden Grove is the latest city to fall victim to independent thinking, when city council members recently voted to suspend the registration of medical marijuana dispensaries, saying they aren't a "marijuana-friendly city." The city has banned medical marijuana dispensaries since 2008, but officials estimate that about 30 have opened up inside the city limits, despite the ban.

As a result, city council members voted last year to approve a registration process to better monitor medical marijuana dispensaries. The city received 60 applicants. But then the city abruptly decided to end that program, leaving those applicants up in the air.

The newspaper reports that the decision was made based on two recent legal developments -- the California Supreme Court has decided to hear four medical marijuana cases after appellate courts made key rulings on the regulation of medical marijuana -- as well as federal pressure from prosecutors who aim to criminally prosecute people under federal drug laws despite following California law.

According to the news article, city officials say they want to "partner" with federal agents to reach a "lawful and fair solution" to medical marijuana in the city. This sounds like language that means the city is ready to do whatever the feds tell them. That doesn't necessarily bode well for those who are trying to provide legal medical marijuana in the city.

But Garden Grove isn't alone in reviewing its city ordinances and local laws. A case out of Long Beach, where an appeals court ruled their lottery system for allowing or rejecting medical marijuana dispensaries was unlawful, is spurring many communities to change their rules or ban the practice altogether until there's some clarity on the matter.

The California Supreme Court recently decided it would take up the issue of medical marijuana, looking at four separate case, including the Long Beach case, in deciding how best to regulate medical marijuana dispensaries within cities while not violating federal drug laws.

Our medical marijuana lawyers just hope that actions by these city leaders, as well as other leaders who are shutting down or not allowing new dispensaries will go by once court rulings clarify the situation in California. We believe that the will of the people is clear and that medical marijuana is here to stay in Orange County.

Riverside Medical Marijuana News: California Supreme Court to Review City's Ban

Tue, 24 Jan 2012 09:26:51 -0600

The Press-Enterprise is reporting that the California Supreme Court will review a case out of Riverside after an appeals court ruled that cities and counties have the right to ban medical marijuana dispensaries.

This is huge news because if justices rule that cities and counties don't have the right to ban medical marijuana dispensaries in Riverside and elsewhere, there could be fewer restrictions in place for medical marijuana dispensaries to start up.

Our Riverside medical marijuana lawyers have been following this issue as we represent many medical marijuana dispensary owners throughout California. We are dedicated to reporting the latest news on our Marijuana Lawyer Blog as soon as it comes out.

There have been court cases throughout California challenging medical marijuana dispensaries, as well as city and county bans and ordinances that create systems for where and how these small businesses can operate. It has been a mess because a 2003 law put in place in Sacramento allowed cities and counties to determine their own way to regulate these businesses.

So, instead of creating a formalized rule, lawmakers in each individual city or county are left to make their own rules. As a result, many of these local rules have been challenged in court and they are still in court today.

A November ruling by the Fourth District Court of Appeal has led many local leaders to shut down medical marijuana clinics, including throughout Riverside. That court ruled that neither the 1996 vote or the state's medical marijuana program strip cities from the power of banning the facilities.

Along with a Riverside case, the Supreme Court will look at a Long Beach case that looks at the illegality of marijuana under federal law and whether that preempts local leadership from regulating these businesses. A Dana Point case looks into who should be able to decide when disputes arise between dispensaries and local ordinances that regulate them. Upland's ban is similar to Riverside's.

At its core, the issue come down to whether local governments can ignore state law and whether state law trumps local government authority. However, all of these cases will have a major impact on medical marijuana dispensaries in Riverside and throughout the state.

There are no conflicting appellate court rulings, so the fact that the state's high court has decided to take up these cases show that they are dedicated to clarifying this highly controversial law that has been so disruptive. Without a clear ruling from the top, there will continue to be challenges in local courts for years.

Most medical marijuana dispensary businesses simply want to follow the law. They are small business owners and don't mind regulation as long as they are able to work. But for cities to start banning new dispensaries or trying to shut down others based on a court case is just wrong.

Medical marijuana businesses want to follow the laws and they want the rogue dispensaries and illegal drug trade stopped. Federal government interference has muddied the issue and struck fear in the hearts of local leaders, who have panicked and tried to ban these legitimate businesses without understanding their importance to the community in terms of providing a medicine and tax help.

Our Riverside medical marijuana lawyers will be following these cases closely and will bring any new information as it becomes available. We are dedicated to providing legal representation to those involved in the medical marijuana industry.

Anaheim Extends Medical Marijuana Ban For Another Year

Sun, 22 Jan 2012 11:04:10 -0600

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.

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.

Report: Medical Marijuana in California Reduces Traffic Fatalities

Fri, 20 Jan 2012 12:50:38 -0600

A recent report by economists determined that states with medical marijuana laws in place have seen a drop in deadly vehicle crashes, The Hartford Courant is reporting.

It is certainly good news for the Los Angeles medical marijuana industry, and researchers are looking at the benefits of medical marijuana aside from the medical advantages.

Our Los Angeles medical marijuana lawyers recognize the benefits of medical marijuana not only for local tax revenue and small business growth, but also the intended purpose of helping people with major medical ailments get the pain relief they deserve.

The research also revealed that people who might regularly drink and drive are smoking marijuana instead, though the study doesn't show whether would-be drunken drivers are driving while high with less-deadly results or they're simply not driving as much.

Research was done by professors in Colorado, Montana and Oregon. They looked at traffic deaths in all states, including the 16 that have legalized marijuana. The data, from 1990 to 2009, shows that in states where marijuana has been legalized, there has been a 9 percent decrease in traffic fatalities.

The numbers show that DUI incidents have been dropping in this country for decades, but the state-by-state data seems to suggest that states with legal marijuana use are seeing bigger drops. Connecticut is one state that is considering the use of marijuana for medical purposes in its current legislative session.

It would make sense that people who are suffering from major medical ailments would use alcohol as a way to cope with their problems. Often, that leads to drinking and driving. But marijuana use is more likely done at home and not in public, for fear of being arrested. So, if the person is already home, they are less likely to get behind the wheel while they are high on the drug.

The study asserts that states with medical marijuana laws in place allowed some people to have marijuana for recreational purposes either through illegal means because of law-breaking distributors or for those posing as would-be patients.

Either way, researchers believe recreational drug users are drinking less alcohol. Based on national surveys about drinking habits, states where marijuana is legalized showed a 9- to 12-percent drop in mean number of drinks consumed by month for men and women.

Beer sales, on average, dropped by about 5 percent in states where medical marijuana is legalized as well. Researchers found there was no change in sales of spirits or wine, which correlates with young people using more marijuana as a substitute for beer, the most popular alcoholic drink for young people.

Opponents will look at this study and use it to prove that in states where medical marijuana laws exist young people are getting more access to illegal marijuana. But supporters will use it to show that traffic fatalities being reduced is a major benefit of implementing medical marijuana laws.

To argue that young people are getting access to marijuana for illegal use only in states where it is legal for medical purposes would be ignorant. But to argue that use of alcohol by young people is more dangerous than marijuana would be a sound point. Far more people die in DUI-alcohol accidents each year than in DUI-marijuana accidents.

From California to Colorado, Feds Move in and Try to Disrupt Medical Marijuana Industry

Wed, 18 Jan 2012 13:48:41 -0600

While Los Angeles medical marijuana dispensaries have felt the pressure recently from the federal government, the discrimination isn't limited to California.

The Denver Post recently reported that federal prosecutors are now going after medical marijuana dispensaries there, threatening to shut down these businesses if they are within 1,000 feet of a school.

Our Los Angeles medical marijuana lawyers think it's a shame that state laws that have been on the books for years are now being ignored with little warning by federal authorities, who are trying to assert their own influence over day-to-day operations of these legal businesses.

Federal prosecutors don't go to prescription drug companies and make their businesses move if they're within 1,000 feet of a school, even though prescription drug abuse is much more rampant and much more dangerous than medical marijuana abuse. The sad truth is that because this is a hot-button issue and has been for years, there is more scrutiny and more discrimination.

According to the news article, prosecutors in recent weeks sent letters to 23 medical marijuana dispensaries, each located within 1,000 feet of a school. The letters informed these small business owners that they have 45 days to close down or they could end up facing criminal prosecution and asset forfeiture.

Federal prosecutors and local law enforcement officials are working to find more dispensaries that may be within 1,000 feet of schools so they can send out more threatening letters. The number is significant because federal drug penalties can be increased if they are committed within that distance of a school.

Federal officials had previously said they wouldn't use their resources to go after people who were operating in compliance with state medical marijuana laws. But then during the summer, authorities clarified their position to state that they would come after dispensary owners, regardless of whether they are following the law or not.

So what's going to happen here is people who legally rented or purchased office space are going to have to take on major debt to move to a new location, assuming they can find one, and perhaps be put at risk of enduring a lawsuit simply because federal authorities are trying to interfere. Rather than give business owners a normal amount of time to negotiate or try to work something out, federal prosecutors are bullying these people.

The same thing happened in California and is sure to happen in every state that has legalized medical marijuana, unfortunately. With pressure from the feds, landlords and local leaders will crumble and shun medical marijuana businesses, which, in turn, shuns the patients that this industry is aiming to help.

It's a bad cycle that starts with officials looking to garner votes in the current election cycle. It's no coincidence that this has begun happening at a time when political season is heating up and there are major political campaigns going on. It's unfortunate that these business owners and their patients are being used as pawns.

Los Angeles Proposes "Gentle Ban" on Medical Marijuana Dispensaries

Mon, 16 Jan 2012 14:27:32 -0600

Los Angeles' city attorney wants the council to create a "gentle ban" that would put medical marijuana dispensaries in Los Angeles out of business.

According to the Los Angeles Times, the city attorney and staff are asking council members to revoke the ordinance that is currently in place, which creates a lottery system to determine which dispensaries to allow into the city. The reason for the request is that a court ruling in Los Angeles recently found that Long Beach, which had a similar lottery system, violated federal law.

Our Los Angeles medical marijuana lawyers believe this is far from a "gentle ban," but more of an outright abuse of power by these city officials. Voters clearly spoke in 1996 when they approved marijuana for legal, medical use in California.

Now, city leaders are abusing the power given to them under a 2003 law by trying to ban these legitimate businesses altogether. This is another form of discrimination.

In October, an appeals court in Los Angeles ruled that Long Beach's lottery system violated federal law. The decision was made based on the grounds that the city was essentially sanctioning the distribution of an illegal drug.

Luckily, Long Beach is appealing to the state Supreme Court to find out what limits cities and counties will have to control dispensaries. City leaders say Los Angeles' medical marijuana ordinance has been challenged more than 60 times through lawsuits, costing the city millions of dollars in legal fees.

The city attorney and staff told city leaders that it is just a matter of time before the city's ordinance is struck down by courts, just like the Long Beach city ordinance was. Under the new proposal, patients or caregivers who grow their own marijuana wouldn't face criminal prosecution as long as no money was being exchanged and there were no third parties involved.

Medical marijuana supporters say the move is simply one based on political motives, as city attorney Carmen Trutanich is planning a run for district attorney. Others attribute the move to "rogue" dispensaries that have popped up in recent years, giving a bad name to legitimate businesses.

Police officers gave testimony to city leaders recently, saying that crime is up in areas where there are medical marijuana dispensaries, brushing all businesses with the same broad stroke. It's the same rhetoric police and anti-medical marijuana people have been using for years.

Many medical marijuana patients don't have the time or means to grow their own drug, so what's going to happen if there is a ban on dispensaries? They're going to find illegal drug dealers to fill the void and that's going to lead to more crime, more arrests and more problems.

Instead of creating a ban, maybe city leaders should work with a group of legitimate medical marijuana dispensaries in the city and come to an agreement on workable terms. That would be more productive than an outright ban.

Riverside County Dispensaries, Others Come Under Fire For Medical Marijuana

Sat, 14 Jan 2012 16:28:28 -0600

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.

Bay Area County Stops Medical Marijuana Program Based on Court Case

Thu, 12 Jan 2012 08:25:32 -0600

Mendocino County officials have suspended a program to distribute medical marijuana cultivation permits based on a Los Angeles court ruling that challenges whether permits should be issued by local governments for activities that federal law says are illegal, the Associated Press reports.

This is major news for the Los Angeles medical marijuana industry because if other cities and counties follow suit, this could be especially disruptive for not only the businesses dealing with this drug, but also the patients who rely upon it.

It's likely that experienced Los Angeles medical marijuana attorneys will be needed to step in and fight on behalf of the patients, collectives and dispensaries that are threatened by this action. Mednocino County is north of San Francisco Bay.

According to the news report, the permits in that county allow medical marijuana collectives to stock up to 99 plants under a structure that requires inspections and identification for each plant with zip ties. The permit application and inspection cost $1,500 and each zip tie issued costs another $50. Sheriff's officials conduct monthly inspections and those cost between $300 and $600 per month.

The county sheriff raked in $660,000 during a six month period based on the program, the report states. But county officials told the sheriff to suspend the program this year after a case out of Los Angeles -- Pack v. Superior Court of Los Angeles. A state appellate court ruled that the Los Angeles local governments lack the authority to continue permitting medical marijuana. The California Supreme Court has a deadline of Feb. 8 to decide whether it will hear the case.

The dispute is based on challenges to officials in Long Beach, who created an ordinance that requires permits for medical marijuana collectives. As in this county, it charged fees for permits, but it has paid back about $700,000 in fees since then.

Given that medical marijuana in California is such a big issue, it would seem logical that the supreme court would look at the case and make a ruling either way. The additional pressure from federal prosecutors in the past year makes this is a legal topic subject to much debate.

"The Pack court also stated that Cities could be in compliance with Federal law if they passed laws which "further restrict" the medical marijuana laws of the State," said CANNABIS LAW GROUP Attorney Damian Nassiri. "Such as restricting their hours of operation from 10am to 6 pm or restricting their location. These types of laws would not be preempted by Federal law because they are not in conflict with the federal laws."

If the state's high court rules that local governments don't have the authority to regulate medical marijuana cultivation or distribution, it could derail the entire industry. It may be more likely that the court could rule that governments simply can't charge fees to these businesses.

And that could actually be good for the industry. If fees are waived, these businesses may end up better able to survive and serve patients. Prices would go down for patients and everyone would benefit.

But anytime there is a court case hanging in the balance, one has to wonder what will happen and what affect it will have on the entire industry. One case can affect thousands of people throughout California.

The smart thing for cities and counties would be to continue doing business as usual until a final ruling is made on this case. Other courts could have different opinions and what is a decision in one court could change within a matter of months. Our Los Angeles medical marijuana lawyers will continue monitoring this case and bring the latest information to our Marijuana Lawyer Blog.

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

Tue, 10 Jan 2012 15:44:59 -0600

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.

More Bad Press For California Medical Marijuana Won't Stop Industry

Sun, 08 Jan 2012 14:58:22 -0600

A recent mobile home fire in Michigan is catching heat after authorities say it was the site of a medical marijuana operation. The fire killed seven pets, the Detroit Free Press is reporting.

Bad press like this is the type of thing that hurts the Los Angeles medical marijuana industry because it gives uninformed people more reason to question the validity of the industry.

But while the naysayers continue their conquest to try to shut down this legal and helpful industry, our Los Angeles medical marijuana lawyers will continue to be dedicated to helping those who are trying to conform to the laws that California voters approved more than a decade ago.

According to a newspaper report, the house fire broke out one recent morning in a mobile home park in a town called Harrison. Fire department officials said that two grow lights were plugged into an outlet, which created an overload situation. The 34-year-old man who lived at the residence had a valid medical marijuana card.

The man and a woman, 50-years-old, were both able to escape once they smelled smoke. Two dogs, three ferrets and two cats died in the fire, officials said. A dog, which was found hiding inside the home survived after firefighters were able to put out the blaze. The trailer was destroyed in the fire.

In other cases of a house fire, people likely would feel sympathetic for homeowners who lose possessions in an accidental blaze. But if medical marijuana is mentioned, some in the community will look to the incident with a different point of view.

Others might chime in that it is a prime example of what is wrong with the medical marijuana industry, that clearly that was the reason for the tragedy and therefore all medical marijuana should be eradicated. There are extreme opinions on both sides of the issue. But our medical marijuana lawyers know that industry officials and patients alike will continue fighting for what's right.

What's right is that California voters overwhelmingly wanted medical marijuana legalized and did so in 1996. Since then, the industry has come under fire not only from anti-marijuana groups, including the federal government, but also local leaders who are misinformed about the facts of marijuana and its uses for cancer and other debilitating diseases.

But supporters will continue to fight for their rights, which include the legal cultivation, dispensary and use of marijuana for those who have the prescribed right to do so. While there is an ugly black market for drug sales and use, the same can be said for prescription drugs, gun manufacturing and other industries that don't come under the same pressure.

Hopefully we will see the day when lawmakers, law enforcement personnel and others in power see medical marijuana not only as a legal business, but one that has enormous benefits for its citizens. Through major tax contributions and helping the sick, this industry does far more good than bad.

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

Fri, 06 Jan 2012 13:56:05 -0600

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.