The federal government is once again showing its disdain for the medical marijuana industry. This time federal prosecutors are threatening property owners with legal action if they don’t close down the dispensaries owned by their tenants. The letters went out last week and give the landowners 45 days to stop the sale of marijuana on their properties.

The federal government maintains that these locations are operating in violation of federal law. Indeed they are, dealing in a substance that is still classified as a Schedule I drug under federal law. (Schedule I drugs are the most addictive and also include heroin.)

California voters demanded medical marijuana legislation and while a patient using marijuana in California is within the state laws, the dispensary lies in a grey area (in regards to state law), and both are illegal under federal laws, creating a line in the sand between federal enforcement and California law.

The letters advised property owners that the dispensaries were in violation of federal law. “Your prompt attention to this matter is strongly advised. Please take the necessary steps to discontinue the sale and/or distribution of marijuana at the above-referenced location within 45 days of this letter.” The letter did not say what the consequences of failing to obey would be but it would, more than likely, involve prosecution.

Critics of the dispensaries say that they are targeting youth and recreational users rather than the ill patients the medical marijuana laws were designed to help. Supporters, on the other hand, say that is not so and that the medical marijuana industry has done far more to help California than to hurt it.

“Apparently the federal government would rather destroy an industry that’s employing tens of thousands of people and creating hundreds of millions of dollars in legal tax revenues to save face on a bankrupt policy that the American people don’t even support—namely denying the medical value of marijuana,” said California NORML director Dale Gieringer.

Nationwide, activists are pushing for the federal government to reclassify marijuana from the Schedule I designation. It’s this classification that drives the feds to investigate and enforce in spite of what the voters want.

The medical marijuana laws in California, and elsewhere, allow patients to grow their own pot and many are likely to revert to this or buying it on the black market if all of the dispensaries shut down. However, whether a drug dealer sells to a patient or a friend, that sale is still punishable under either federal or state law.

If you are facing drug charges, even those related to medical marijuana, contact one of our attorneys today to discuss your case.

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Three advocacy groups are putting the pressure on Governor Jerry Brown to make some major changes that would both reform sentencing and save the state some much needed money. According to California Watch the groups are basing their recommendations on what they say the public wants.

The American Civil Liberties Union of California, the Ella Baker Center for Human Rights, and the Drug Policy Alliance have come together to ask the governor to reduce nonviolent property crimes and simple drug possession to misdemeanors. Currently they are classified as felonies.

All three groups funded a poll of voters in March and found that 72% favored reducing simple possession to a misdemeanor.

While it’s not clear just how much money the change would save the state, it’s estimated to “yield many millions of dollars”.  Brown has already cut $11 billion in spending amidst the $15 billion shortfall but it’s uncertain how amenable lawmakers would be to more sentencing changes, always a controversial matter.

Currently, if you are charged with possession of a controlled substance, you can face 3 years in prison. Changing this to a misdemeanor would set the maximum sentence to one year in county jail. Considering the state spends nearly $50,000 each year to incarcerate a single state inmate, it’s easy to see how this could quickly add up.

In December 2009, there were over 10,000 inmates being held in state prisons for possession charges. According to the California Department of Corrections, this is an estimated annual cost around $500 million.

Though former Governor Schwarzenegger decriminalized possession of less than a single ounce of marijuana, there hasn’t been a significant move to change current possession charges to misdemeanors before.

Between the savings and the reflected public opinions regarding the proposed changes you would think this sort of legislation would be an easy sell. “…It shouldn’t be any problem. Of course, it’s politics so it will be” said the Deputy State Director of the Drug Policy Alliance.

Drug charges are serious offenses in the state of California. Though it’s seen as among the most liberal states with regard to marijuana laws, both passed and rejected, the courts take drug crimes very seriously. If you’ve been charged with possession or felony distribution, contact our attorneys for a free consultation today on any criminal charge.

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The 2003 law that limited the amount of medical marijuana possessed by any one person at a time was struck down by the California Supreme Court last week. The legislation had set limits at no more than 8 ounces or 6 mature plants. The court determined this law violated the original medical marijuana legislation passed in 1996.

While at initial glance it seems this ruling may have clarified things for the medical marijuana community, a closer look reveals the lines are quite possibly even more muddled now.

As the Sacramento Bee reports, the Compassionate Use Act of 1996 stated that individuals who have their physician’s approval can possess “an amount of medical marijuana reasonable necessary” for their medical needs. What is considered a “reasonable amount” is to be left up to the criminal courts (should someone be charged with a marijuana offense) for the time being.

Although the Supreme Court’s decision does bar the state from having predetermined limits, it doesn’t preclude local communities from doing the same. Here’s the kicker: while a city may limit the amount that can be possessed and even arrest someone for being over that limit, they can’t be charged or imprisoned for being over the said limit. This is because there is no state law limiting the amount under the new ruling.

So, while a city like Oakland can arrest you for having more than their limit of 3 pounds, unless you are in violation of another state law, you cannot be charged criminally with being over this limit.

Medical marijuana laws are quite confusing and in what seems to be a constant state of flux. When facing any criminal marijuana charges, whether you have your doctor’s approval or not, you need an experienced defense attorney with an up to date knowledge of both the local and state legal systems.

If you are facing charges of possession of marijuana, trafficking, or any other drug offense contact  us for a free case evaluation.

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Found within mere feet of an LA Police station was a three room sophisticated marijuana growing operation. What tipped the cops off? The scent that couldn’t be stopped despite the grower’s attempts.

According to the LA Times, police working out of the Topanga Station in Canoga Park noticed the smell of marijuana beginning on Tuesday morning. Within 8 hours, they had shut down the operation. Within 24 hours, 3 arrests were made.

Apparently the growers had three rooms in their building, using one for the seedlings, one for mid level marijuana plants and the final for mature plants, ready for harvest. They had sophisticated lighting and watering systems and even regulated oxygen in the building with carbon dioxide tanks.

Although the growers used insulation to seal cracks in the building, the scent somehow snuck out, revealing the operation to police.

At the time of publication, the three men involved had not been charged but were being held pending charges. More than likely, these men will be looking at some serious prison time.

Despite the increase in legal marijuana in California, the courts have not stopped cracking down on recreational users and large scale suppliers like these. Whether you are facing possession or distribution charges, you need to mount an aggressive legal defense.

If you are caught in possession of less than one ounce of marijuana, you will face a simple fine. However, as that amount of weed increases, so does the potential penalty.

Being charged with possession with intent to distribute can bring about a serious felony charge. If the prosecution can prove you had marijuana and that you intended to sell it, you are looking at 3 years in prison.

If, however, they can prove that you did actually distribute marijuana, your potential sentence jumps to 4 years.

Facing drug charges, no matter the substance, can land you with some serious penalties. Contact me today to see how I can help you with your case. I can give you some free legal advice and perhaps set your mind at ease.

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California is one of several states that have legalized marijuana for medical use. Last week Governor Schwarzenegger stated he thinks now is also a good time to open up the debate on legalization of marijuana. Looking at his words it is obvious he is careful not to say he supports legalization but merely that the discussion should take place.

Legislator Tom Ammiano has introduced a bill to legalize but regulate marijuana. The bill would allow for people over the age of 21 to grow, buy, sell, and possess marijuana. All of these actions are banned by Federal law but the current administration in Washington seems to take a hands-off approach in the medical marijuana debates as well.

This bill likely won’t pass yet but it could open the lines of communication on a largely taboo subject. Even the Police Chiefs Association, which opposes legalization states that the debate needs to begin.

According to the San Francisco Chronicle, this regulation of marijuana could bring in $1.3 million per year for the state in new taxes. It also explains that a recent ABC news poll revealed that 46% of American support legalization of small amounts of marijuana.

Currently marijuana use is only legal with a prescription. Otherwise, if you are caught with it you will likely face criminal charges or a fine at the very least.

Being caught with less than one ounce of the green stuff is considered an infraction and carries a fine of $100. More than one ounce of personal-use marijuana carries up to 6 months in jail and $500 in fines. As the amount you are caught with increases, so does the penalty.

If you are facing any drug charges in the California courts, you should be certain to have an experienced attorney at your side. Call us today so we can talk about your case and the best course of action to take.

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In one year from 2006 to 2007, arrested on marijuana charges in California increased from 65,386 to 74,119, a more than 13% increase in a single year.  Felony Marijuana offense arrests increased to 16,124 from 13,548 in 2006, an increase of 19%.

Advocates for marijuana law reform and legalization in California will no doubt argue that this increase is clear evidence that enforcement efforts have failed, and it would be difficult to dispute that conclusion. Despite decades of effort to prevent and discourage marijuana use, there is no evidence that criminal marijuana possession laws have reduced demand.

Prohibition of marijuana use has failed on every level. And the cost of fighting a continuous drug war are extraordinary.

California jails are packed with non-violent drug offenders. This results in absurd choices between letting violent offenders out sooner, or building more jails at tremendous taxpayer costs.

California has lead the way on marijuana law reform in many respects, such as lessened penalties for simple possession, and improved medical marijuana laws. But there is a long way to go to get to a point where marijuana laws are truly decriminalized. Marijuana use should be treated in rational manner in accordance with the true costs of and benefits of and endless war.

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If you are facing a marijuana or other criminal drug charge in California courts, please contact our experienced drug defense attorneys for a free case evaluation on the charges you are facing. There is no obligation for our initial consultation and advice.

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Updating a previous post, the new guidelines on medical marijuana laws in California may not be as clear and comprehensive as it necessary.

There are still criminal prosecution risks for what were thought to be legal distributors of marijuana. The questions raised in the editorial, written by California defense Attorney Allison Margolin, include:

1) Use and distribution of Medical Marijuana can still be prosecuted. The legal status afforded to dispensaries (legitimate medical marijuana distributors) as determined by the Attorney General’s guidelines is not binding. This means it is very possible for local district attorneys and prosecutors to ignore the AG’s recommendation. In fact, there is evidence that this has happened and is happening in cases of possession and use of hashish for medical purposes. The attorney general considered hashish as falling under the medical marijuana laws, where many local California district attorneys do not.

2) The definition of a caregiver is legally vague. Primary care physicians as caregivers are entitled to participate in the growing and distribution of marijuana for medical purposes. The law intends for them to be immune from prosecution for cultivating, transporting, possession for purposes of selling, and selling marijuana. But if the legal definition of a medical caregiver is not explicit, it leaves honest practitioners who support marijuana use for medical reasons open to criminal legal problems.

3) The legality of retail storefront dispensaries is vague. Prosecutors can and are shutting down these operations

It would seem there is still plenty of confusion here, and it is certainly likely that these issues will have to be ironed out with additional legislation, or future court decisions.

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If you are charged with illegal possession of pot/marijuana in CA, contact us for a free legal consultation on your caes. Our attorneys have experienced fighting these kinds of cases. There is no obligation for our legal advice.

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New guidelines the clarify many practical concerns and hurdles for users and distributors of medical marijuana in California have been released and distributed by California Attorney General Jerry Brown.

California’s medical marijuana laws have a controversial and confusing history, dating back to the landmark passing of Proposition 215 in 1996, and updated by California Senate Bill 420 in 2003.

The new guidelines affirm and clarify that:

• Marijuana patients should get state medical marijuana ID cards to prove their use is legitimate and to affirm their legal right to smoke.
• Users should follow guidelines about where and when to smoke. For example, smoking near schools, children’s centers, or in most workplaces is not allowed.
• Police should honor those IDs, and not confiscate any marijuana possessed by someone with a legal ID. They should also return marijuana to anyone of it is later determined that their possession was legitimate.
• Licensed medical marijuana distributors must be run as non-profit enterprises.
• Distributors/dispensaries can only sell legally grown marijuana, and should document the sources of their growers and suppliers.

Most law enforcement officials, as well as growers, distributors, and users of legal pot for medical uses are pleased with these clarifications by the Attorney General.

But no doubt there will always be gray areas of the law, or disputes about who, what and where these laws are applied. And possession of marijuana is still illegal for most people under California drug laws.

If you are facing a marijuana possession charge in California, and don’t think it is fair, please contact our defense attorneys for a free legal defense consultation. We can offer you suggested defense strategies, and tell you exactly how we can help defend you in court if necessary. There is no obligation for a legal consultation.

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