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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