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Federal Charges Dropped in California Marijuana Dispensary Cases

October 16, 2013

When now-President Obama said marijuana enforcement would be a “low priority” during his campaign, many believed him. Many were caught off guard then as more marijuana raids took place under his administration than any other prior. So when the Department of Justice announced they would be essentially practicing a “hands off” approach to marijuana laws in flux across the nation, some were rightfully suspicious. Recently, however, federal prosecutors have been dropping charges against dispensary landlords, signaling a significant change in approach.

According to Opposing Views, several cases against property owners accused of renting to dispensaries have been dropped. One, Tony Jalali, stood to lose his property, worth $1.5 million, despite evicting the dispensary before the charges were filed.

In Jalali’s case, an undercover DEA agent posed as a medical marijuana patient, providing a forged doctor’s recommendation and purchasing $37 worth of medicinal marijuana from the dispensary on his property.

medical marijuana dispensary landords charges droppedJalali owned the building where the dispensary was located—it was his investment for retirement. When he became aware that federal prosecutors were making cases against landlords like himself, he moved to evict the dispensary in question. Still, he was charged.

At least three other cases like Jalali’s have similarly been dropped by federal prosecutors.

“It’s pretty amazing for them to come up and dismiss the cases, pretty unusual,” said Jalali’s attorney Matthew Pappas. “I think it’s a major victory for patients, for citizens in general.”

Though the Obama Administration seemed to take a hard line against marijuana in their early years, their latest policy change and these resulting cases indicate a significant shift. Perhaps voters in Colorado and Washington helped the federal government see that the American people no longer want harsh criminal penalties doled out for marijuana users—recreational or medical.

But while the federal government is backing away from marijuana enforcement, the state of California still considers pot a controlled substance.

We could be one of the next states to legalize marijuana, but until that happens you can be arrested and charged for marijuana possession, cultivation, or distribution.

 

Filed Under: drug possession

  • Jason Childress

    The unlawful acts section of title 21 USC Section 841 (a) (1) and (2) was enacted into law by Congress with the enactment of Public Law 95 – 513;

    The unlawful acts section of Tile 21 USC, Section 841 (a) (1) and (2) was saved by Congress, with the enactment of the Savings Provision of Public Law 98 – 473;

    Prior to taking effect on November 1, 1987 the Savings Provision, a part of Section 224 (a) of Public Law 95 – 473 was repealed by Section 1005 (a) (2) of Public Law 99 – 570, 100 Stat 3207-6;

    The Savings Provision was never executed to the text of the section, as a result of the repeal;

    A study of the printed Legislative history of Title 21 USC 841, discloses that West Law Publishers know that 21 USC 841, does not contain the unlawful acts section as printed.

    The Controlled Substance Act was repealed. It doesn’t really matter what California considers pot.

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