As our Los Angeles marijuana lawyers understand it, auto insurance premiums in states that adopted legal medical cannabis fell by an average of $22 annually after legalization. The research was published in the journal Health Economics, which looked at insurance premium information from 2014 to 2019. Authors of the study speculate that it may have something to do with people opting for cannabis over alcohol, thereby reducing instances of drunk driving. It’s not that driving while under the influence of cannabis is any safer, but at least anecdotally, those under the influence of cannabis are less likely to get behind the wheel in the first place, compared to those under the influence of alcohol.

While a reduction of $22 in insurance premiums over the course of a year may not seem all that significant, one must consider that amplified by each individual on the road. And if the reason for the decline is that there is link between legal cannabis and road safety that in turn leads to fewer drunk driving crashes (and associated costs), that starts to look much more significant.

The researchers determined that legalization of medical marijuana collectively results in $1.5 billion in lower auto insurance premiums. If all states were to legalize marijuana, researchers surmise, that could result in an additional $900 million in reduced premiums. The combined total impact of would be $2.4 billion less we’d all be paying for car insurance if medical marijuana was accessible across the U.S.

What’s more, given that the amount we pay for auto insurance is directly tied to how much property is damaged and how severely people are injured in crashes, the lowered premiums are indicative of safer roadways overall when medical marijuana is made legal.

Of course, as our Los Angeles marijuana lawyers are aware, this isn’t the first study to debunk the myth that legalized marijuana makes roads less safe. But what is unique about it is that it highlights car insurance trends. Most previous analysis focused on the correlation between road safety based on traffic deaths and state marijuana reforms. But the latter type of study overlooks the fact that traffic deaths only account for a small number of overall traffic crashes (only about .5 percent). Insurance premiums, however, provide us with a more complete picture of how marijuana laws impact actual day-to-day safety on our roads.

The key takeaway, according to the co-author of the study, was that even though driving high is very dangerous, medical cannabis makes roads safer by reducing the prevalence of drunk driving. Beyond the substitution effect theory, analysis shows that people who use cannabis in place of other drugs are more likely to either stay home or go to house parties, rather than gather at bars that will require them to drive home after a certain point.

Another analysis found that states with legalized marijuana also actually have fewer instances of people driving under the influence of THC than in states where marijuana criminalization has remained intact.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary companies, patients, doctors and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Medical Marijuana Legalization Linked To Reduced Drunk Driving And Safer Roads, Study On Auto Insurance Data Suggests, June 20, 2022, By Kyle Jaeger, Marijuana Moment

This made good sense for several reasons:

• Most marijuana convictions were for non-violent, low-level offenses.
• Minorities and the economically disadvantaged were greatly disproportionately impacted by marijuana laws.
• To right the injustice of people now making good money (it’s a multi-billion dollar industry in California) for the same activity that previously sent others to prison.

But despite this and a 2018 law passed with the intention of speeding up the process for tens of thousands of Californians still stuck grappling with felony and misdemeanor marijuana convictions on their record, our Riverside marijuana lawyers know that the process has been slow-going. This fact was confirmed by a recent Los Angeles Times investigation.

It’s worth noting that the process was never going to be fully automatic. But at this point, there are still an estimated 34,000 people in the state with marijuana crimes on their record that haven’t been processed for the clean slate they deserve. There were twice that many before last August, which is when the Times started raising questions about why it was taking so long (presumably lighting a fire under officials to prioritize the effort).

It appears the primary bottleneck in the process that involves 58 prosecutors’ offices and the state Department of Justice is the courts. Some counties have been working with a fair amount of diligence to clear records for people in their communities. In total, 117,000 cases have been processed in California. Others, however, have been incredibly slow. For example, in San Bernardino and Riverside Counties, not a single case has been processed. Others, like Kern County, are only at 18 percent.

AB 1793 was supposed to help clear prior marijuana convictions en masse, allowing counties to bypass the need to take every case to court via individual petition. The goal was to deliver these rights to people without making them jump through a dozen hoops to obtain relief. But while most district attorneys complied with the deadline for submitting the estimated 192,000 eligible cases to the courts, the courts weren’t given a deadline to process them. That’s where most all of these cases are stuck – despite the fact that courts received nearly $17 million from the state to get the job done.

Officials with the courts pin the blame on COVID, staff shortages, case management systems that are outdated, and older records that necessitate manual reviews. But it’s not difficult to see delays as a continuing pattern of disparate justice for people of color. In San Berndardino County alone, some 5,400 cannabis convictions are pending. In San Bernardino, another 21,000.

A clean slate is more than simply a self-esteem issue. Criminal convictions for cannabis offenses – particularly at the felony level – can result in individuals being turned down for jobs, certain types of licensure, housing, higher education, and other opportunities. In at least a couple of cases, individuals were jailed and falsely accused of felonies because their marijuana convictions at the local or state level hadn’t been updated.

For those who still have outstanding criminal records, working with an experienced marijuana lawyer to petition the court to expedite the processing of your case may be advantageous for those who need their case to be cleared faster (usually for work, school, or housing).

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, labs, ancillary companies, patients, doctors and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

California was supposed to clear cannabis convictions. Tens of thousands are still languishing, Jan. 13, 2022, By Kiera Feldman, The Los Angeles Times

This is something our Los Angeles marijuana DUI attorneys have argued for years. Now, this same conclusion was backed by a federally-funded study. Backed by a grant from the National Institute of Justice, researchers tested the THC levels of 20 individuals who either vaporized or ate varying levels of THC. They were then subjected to numerous cognitive and field sobriety tests, similar to what are used by law enforcement.

The groups that received higher doses of THC (above 5 mg) were adversely impacted in terms of their sobriety – their psychomotor skills were visibly impaired – the level of THC in their blood and other biofluids didn’t reliably reflect that. Thus, the amount of THC in one’s blood was not a good indicator of marijuana intoxication.

There is little question that marijuana impairment does impact the skills needed for safe driving, including reaction time and spatial awareness. However, what the researchers determined was the amount of THC in the subjects’ blood, urine and saliva failed to correlate with how well they performed in field sobriety tests when they were clearly intoxicated – no matter how much THC they actually ingested.

What this does is raise substantial questions about per se marijuana DUI laws that are in place in six states, including nearby Nevada and Washington. These laws prohibit people from operating a vehicle if they more than a certain amount of THC in their blood. California does not have a per se limit when it comes to driving under the influence of marijuana.

The results of the study come as no surprise to our Los Angeles marijuana lawyers, nor are they a shock to longtime marijuana rights advocates. The fact is, the science was never there to support per se laws for marijuana impairment. Instead, these laws are based on arbitrary limits.

Beyond this, though, the researchers found that several, standard field sobriety tests – standing on one leg, balancing, walking and turning – weren’t affected by one’s cannabis impairment for any of the study participants, regardless of how much THC they ingested. In other words, many of the same tests used to determine if someone was driving under the influence of drugs or alcohol were not effective in singling out marijuana impairment.

Last year, the Journal of the American Medical Association (JAMA) published a study that indicated low levels of CBD don’t have any real impact on driving. Beyond that, a modest level of THC had a “modest in magnitude” impact that was similar to those who had a blood-alcohol concentration of about 0.05 percent. Even congressional researchers concluded three years ago in a published report that we don’t have conclusive evidence about the levels at which cannabis impairs one’s ability to drive. We also know that in states where marijuana has been legalized for recreation, traffic fatalities have not risen.

All this said, even most supporters of marijuana rights are careful to warn against driving under the influence of any substance, marijuana included. But it’s determining what “under the influence” means with regard to cannabis in a legal sense that has been throwing so many for a loop.

If you have been arrested for a marijuana DUI in Southern California, our dedicated marijuana DUI defense lawyers can help.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary companies, patients, doctors and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Testing People For Marijuana Impairment Based On THC Levels Is ‘Not Reliable,’ Federally Funded Study Finds, June 4, 2021, By Kyle Jaeger, Marijuana Minute

The Sacramento Bee reports the BCC’s latest budget request calls for the creation of nearly 90 new police officers who would be tasked with enforcing the 2016-passed Prop. 64, which legalized recreational marijuana. This new branch of law enforcement would involve absorbing nearly 60 positions (47 sworn) from the Department of Consumer Affairs’ Cannabis Enforcement Unit and then hiring about 30 more.

BCC Vows to Crack Down on Black Market Sales

As our Los Angeles marijuana attorneys understand it, the main goal of the new LEO division? Illicit market cannabis control. The request comes three years after the state’s first recreational marijuana sales took place. Last year, the BCC seized more than two dozen tons of black market cannabis. While the legal market made about $3 billion, the under-the-table cannabis trade racked up more than $8 billion in sales.

An affiliate of the union representing the existing BCC employees argues that millions of units of untested product sales statewide put the public in danger by bypassing labeling and testing rules and failing to ensure the substance doesn’t fall into the hands of kids under 18. Plus, it jeopardizes above-board businesses.

Duties of the new police officers would include investigating criminal activity and unlicensed pot shops, as well as helping with on-site inspections. The BCC opines the agency will likely handle some 2,000 cases a year. If the agency were to continue at current staffing levels, the agency said that would amount to hundreds of cases backlogged. They insist only police officers would have the authority to carry out certain duties, such as seized unlicensed marijuana and related products, make arrests, verify unlawful possession of a firearm, request search warrants from judges or review criminal justice databases. The budget requests indicates that currently, their investigations sometimes overlap with local law enforcement efforts because their office cannot review criminal records.

But are more police really the answer? The BCC and some law enforcement agencies are partially funded by legal marijuana sales. This helped to sell the whole idea of Prop. 64 to more conservative voters. In fact, public safety was promised 20 percent of the estimated $ 1 billion in annual tax revenue the Adult Use of Marijuana Act was expected to generate. That created controversy from legal marijuana advocates when it was first proposed, but it was purportedly necessary to get the measure passed.

Should Police Still Get a Cut of Cannabis Profits?

Some could argue that paid off. While law enforcement lobbyists still opposed the measure, they didn’t launch a massive counter-offensive, and the law passed.

Cannabis legalization was also sold as a means to lower costs for law enforcement. After all, if possession and sales of marijuana is no longer criminal, that should amount to fewer investigations, arrests and incarcerations.

Yet police departments still argue that legalized marijuana is going to require more money, more resources, more labor – and that’s why they deserve a cut. Scholarly research is conflicted.

For instance, one study found that traffic deaths per million initially rose by one in three states where marijuana was first legalized for recreation. However, those rates returned back to normal after the first year. Another analysis revealed that three years after legalization, there was no significant uptick in fatal crashes.

Roadside searches of motor vehicles and individuals, meanwhile, did tumble by more than half in Washington state and Colorado following legalization. This aligns with what our Los Angeles marijuana defense lawyers have long known: Traffic stops are one of the primary means that law enforcement has kept the War on Drugs alive. And that, we know, has had out-sized and deadly consequences for African Americans.

And despite the high taxes imposed on legal cannabis businesses to help fund police efforts, police have largely been unsuccessful in shutting down illegal operations.

After the murder of George Floyd in late May, police in riot gear and armed with chemical agents were present at every major city in California to meet protesters. Meanwhile, organized and armed robbers burglarized countless legal cannabis businesses – some more than once. Several reported police failed to notify other owners of this known threat. Numerous business owners told The Daily Beast it took hours to respond, despite store owners being held at gunpoint. The product they made off with is now money no one is getting.

If cannabis business funding were to be diverted from law enforcement sources, it would likely need approval from voters to alter existing law, or else action from the state legislature.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary companies, patients, doctors and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

California wants to hire more cannabis cops to get a handle on black market marijuana, June 2, 2020, By Andrew Sheeler, Sacramento Bee

Recently, though, two California cannabis company top executives were arrested, their company also charged, for allegedly dumping 1,500 pounds of toxic waste in violation of U.S. Environmental Protection Agency regulations.

The indictment, filed last month in the U.S. District Court in the Southern District of California, notes a history of illegal dumping of waste material from the firm’s cannabis extraction lab. Specifically, drums of ethanol waste.

Cannabis Extraction Results in More Ethanol Waste

Ethanol and Its Guidelines

Ethanol is a dangerous waste material firstly because it is highly flammable and combustible. Strict industry standards govern handling, use, transport and waste disposal of ethanol used by cannabis businesses. The guidelines are in place to limit risk to both human and environmental danger.

The U.S. Food & Drug Administration classifies ethanol as a Class 3 solvent, meaning a person may be at low risk of either acute or chronic toxicity if they ingest it, but it can be hazardous in a workplace. That’s why OSHA has guidelines about environmental exposure to workers and the National Fire Protection Association denotes it as a Class I flammable liquid, requiring careful storage and disposal.

Proper Disposal of Ethanol Waste by California Cannabis Companies

As Los Angeles cannabis laboratory attorneys can help explain, these products are prohibited from simply being dumped down the drain. EPA rules won’t allow dumping toxic/flammable material into a public sewer – even if you dilute it with lots of water.

It should also be noted that federal environmental protection authorities don’t base this decision on the quantity disposed. So even if you have a small amount, it’s still not considered legal to dump it.

Cannabis laboratories can face felony federal charges per 42 U.S.C. 82 if defendants are caught intentionally trying to avoid proper collection and disposal of these chemicals (typically to sidestep cost). In addition to dumping down the drain, igniting or pitching in the trash, other forms of illegal disposal of ethanol can include:

• Evaporation;
• Dilution;
• Neutralization of chemicals.

Proper disposal of ethanol by California cannabis companies involves:

• Donning appropriate protective gear/equipment;
• Decontamination of the work area with soap and water;
• Solid waste material that contains ethanol (i.e., rags or paper towels) should be thrown into waste bins;
• Bins should be kept clear of any source that might ignite them as well as clear of sinks or drains where any waste might sink into the drainage system;
• Waste containers must be have a securely-closing non-fume lid (to assure incompatible chemicals aren’t accidentally mixed together) and be appropriately labeled as holding hazardous waste;
• Title, contents, date should be recorded on the bins tags immediately upon depositing the ethanol in the containers;
• Garbage containers with ethanol in them need to disposed of within three months.

Additional protocols exist for larger spills.

Prosecutors: Cannabis Lab Hired Driver to Dump Waste

According to the indictment, the two company owners hired an unlicensed waste disposal driver to dump 28 drums containing some 55 gallons each at half a dozen sites in a single Southern California county. This occurred from November 2017 through last June.

Defendants are accused of paying the hauler in cash and failing to file the necessary paperwork required when disposing of this type of waste.

An attorney for the cannabis executives refuted the allegations to local media, insisting his clients were permitted and regularly inspected by the state and were at all times in compliance with state and federal regulations. The pair reportedly knew nothing about illegal dumping, the lawyer said. He placed the blame instead on an inexperienced consultant hired to assist the firm in maneuvering legally through state and federal laws.

If that’s true, it’s a good lesson in why it’s imperative to choose your cannabis counsel carefully.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary companies, patients, doctors and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

U.S. v. WellsgreenSCA Inc., et al, June 19, 2019, U.S. District Court for the Southern District of California

Los Angeles marijuana criminal defense lawyers understand it comes down to the way marijuana trafficking investigations are so often initiated around the country: The ever-objective nose test.

To be fair, cannabis does have its own distinct olfactory properties. As many defense attorneys will tell you in states where the drug is still either banned entirely or restricted to card-carrying medical users, a sizable percentage of marijuana arrests begin with a traffic stop, detection of that aroma and a warrantless vehicle search. (These searches often yield items unrelated, such as other narcotics, firearms, etc.)

Historically, it’s been difficult for marijuana defense lawyers to dispute an officer’s sense of smell, especially where marijuana was indeed later found.

But now, virtually all arrests stemming from that common scenario are going to be called into question, if a memo from one state attorney is correct.

State Attorney: No More Sniff-and-Search Arrests, Prosecutions

On July 1st, Florida law (which two years ago legalized medicinal marijuana) officially caught up with provisions of the 2018 U.S. Farm Bill requiring all states to adjust their statutes to align with the decriminalization of industrial hemp and low-THC CBD products (those containing less than 0.3 percent of the psychoactive THC). Outside of doctor-recommended use, the drug is still illegal under state law. Even in jurisdictions where it has been largely decriminalized, the smell of it still served as grounds for probable cause for conducting a vehicle search without a warrant.

The problem now? Marijuana smells just like hemp – which is fully legal. That unique odor is present not just in the leaves of both plants but also oils, edibles and other processed consumer goods.

Per the state prosecutor’s memo, the state “will no longer be able to prosecute any marijuana or THC oil cases without a test from an accredited lab indicating that the THC content is over 0.3 percent.”

A news article published by The Palm Beach Post characterized this directive as “devastating” to local marijuana trafficking cases.

In fact, the the sheriff of that county, which does have an accredited drug testing lab, instructed deputies to halt all marijuana drug arrests – at least until laboratory processes are established to make clear distinctions between marijuana and hemp. (At this time, they are not equipped to identify only the tiniest traces of THC, only whether its positive or negative presence.)

Even those narcotic-sniffing K-9 dogs? They’ll still be of use in other cases, including those involving other drugs. But where their noses detect pot? It’s pointless.

Furthermore, law enforcement officers were instructed to cease probable cause searches/arrests predicated on suspected cannabis-related offenses.

Public defenders across the state have begun the process of mass-filing motions to dismiss pending drug charges that fit this bill.

Does This Mean Anything for Californians?

Not exactly, though it’s worth noting if you plan to travel to South Florida anytime soon. Unlike Florida, California and half a dozen other states have legalized marijuana not just for medicinal but recreational use. By state law, possession of up to one ounce of cannabis is legal. When marijuana was first legalized in California, police associations throughout the state went through similar growing pains. As noted in a memo published by the California Police Officers Association, penned by a special investigations narcotics detective in Sacramento County, 11362.1 (c) of the Health and Safety Code makes it clear that all cannabis and related products that are lawful under state law are no longer considered the subject of valid search and seizure constituting the basis for detaining, searching or arresting someone. “The verbiage now dramatically effects the way we investigate marijuana crimes,” the detective wrote. Bottom line: If someone is at least 21 and in legal possession of marijuana as outlined in Proposition 64, the basis of a probable cause/search is no longer applicable. However, law enforcement can still technically make an arrest for marijuana possession – if a person isn’t just a recreational pot user or licensed business owner. That requires some reasonable suspicion/probable cause that the individual is growing/producing/selling/transporting/possessing marijuana outside the scope of Prop. 64. That, the officer noted, is no longer achieved with a simple smell test. The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary companies, patients, doctors and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

With new hemp law, ‘sniff and search’ goes up in smoke, July 12, 2019, John Pacenti, The Palm Beach Post

The incident occurred a month after the 2018 U.S. Farm Bill that legalized commercial hemp at the federal level went into effect. So long as the hemp contains less than 0.03 percent tetrahydrocanabidiol (THC), it is now legal under federal law for cultivation, production, transportation and sale.

The case underscored some of the worst fears expressed by trucking companies and drivers about hauling these products. Cannabis industry suppliers, carriers, vehicle owners, drivers and contractors scrambling to understand what happened, learn how to protect their operations and advocate for a driver who almost certainly didn’t think he was doing anything illegal.

A Patchwork of Conflicting Laws, A Gray Area on Timing

The main issue in this case, according to the driver’s cannabis criminal defense lawyer, appears to be one of timing.

The Farm Bill did make hemp and all products derived from it (including CBD oil) legal for consumer production and sales. Transporting products from one location to another is a hugely important piece of any retail operation (truck drivers move more than 70 percent of the nation’s freight by weight). There is a provision of the measure that specifically prohibits state lawmakers from banning interstate transport of hemp products.

But there was a caveat: States are only compelled to allow interstate transport of hemp produced under either a federal or state regulatory program. The problem for this truck driver, a month after hemp sales became legal, was: None of those regulatory systems were yet in place. Prosecutors are arguing that because there were no such regulatory systems, no interstate transport into Idaho was legal.

Hemp industry lawyers can see it’s likely the driver’s criminal defense lawyer will argue federal lawmakers never intended such an outcome when they set forth the provision.

Another Wrench: How to Classify the Haul?

When the trucker was stopped by state police in Idaho on his way back to his Oregon-based employer, the officer searched the rig and discovered some 6,700 pounds of what he described as “illegal marijuana.” The truck driver insisted it was Farm Bill-allowable hemp. The officer tested conducted a roadside chemical test of the product and found that it did contain THC, the psychoactive ingredient in marijuana. The driver was then arrested.

The nuance here, though, is that marijuana and hemp are both members of the same family, cannabis. Some hemp does contain trace amounts of THC, but nothing akin to the level of what’s in marijuana. It’s not surprising that hemp would test positive for THC, but the roadside test the officer conducted on the product would not only whether THC was present in the product, not the percentage of it. That kind of testing would need to be taken to a lab. Idaho state law, however, classifies “marijuana” as anything containing any amount of THC.

However this case plays out (and our team will be watching closely) it once again spotlights the fact that so many entrepreneurs and employers are vulnerable to the wildly-evolving legal environment where so frequently federal and state law collide.

That’s why is so imperative for not just cannabis companies but those in ancillary industries/businesses to keep a cannabis business attorney on retainer, so that you can stay fully in-the-know to the greatest extent possible.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary companies, patients, doctors and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Charges against truckers hauling hemp “absolutely horrific”, June 12, 2019, By Linda Baker, FreightWaves.com

Los Angeles marijuana lawyers know there has been an uptick among local law enforcement citations for smoking in public areas, particularly those nearby to schools, parks, restaurants, shops and in cars or boats. (No, you cannot light up in a car, even if you’re a passenger.) Police say many individuals aren’t familiar with this provision of the law, and even visitors who have come to the state on vacation end up leaving – well, not on probation, but with wallets $100 lighter. That’s the fine for public marijuana smoking in California.

Common areas in apartments and even balconies are forbidden spots for outdoor pot smoking, though that usually goes unchecked unless your neighbors complain. This restriction has become particularly burdensome for those who use the drug as medicine.

Even recreational users scoff at the law, though. After all, it’s supposed to be regulated the same way as alcohol, and if you can walk into a restaurant or bar and order a drink of alcohol in public, why not allow the same for cannabis?

The City of Los Angeles has issued statements indicating it does not sanction or license consuming marijuana in any public space, though the city’s Department of Cannabis Regulation is working alongside the city’s planning department to establish licensing for public pot consumption lounges. Council is expected to receive those proposals for consideration later this year.

Furthermore, NBC-4 Los Angeles reports a number of advocates have successfully convinced leadership in West Hollywood to to approve plans to open potentially eight new locations for individuals to smoke the drug in public and another eight locations for people to consume edible marijuana products. Some say the permitting process has been moving at a snail’s pace, but at least it’s moving somewhat. Most cities in the state seem keen to keep it under wraps.

California State Restrictions on Public Use

In the meantime, the California Department of Public Health clearly outlines where it is lawful – and unlawful – to consume cannabis in any form. Basically, as our Los Angeles marijuana attorneys can explain, you’re restricted to private residences. That’s if you want to be on the safe side. Technically speaking though, you are expressly prohibited from smoking, using, eating or vaping cannabis in public places or anywhere it is not legal to smoke tobacco. Even private property owners can ban the use of cannabis on their property, which includes not just hotels and resorts but also apartment and condo complex owners.

The law further disallows:

• Using cannabis within 1,000 feet of a daycare center, youth center or school while children are present.
• On federal lands like national parks – even if the park is in California. (It’s under federal jurisdiction, and the drug remains illegal under the U.S. Controlled Substances Act.)

If you are in possession of cannabis in your vehicle, it needs to be in an approved sealed package or container or in the trunk. You can be cited for having an open container of cannabis in your vehicle – either while driving OR riding in the passenger seat, the same way you would alcohol. You also cannot take your cannabis across state lines, even if you’re traveling to a state where cannabis is legal. Also be aware that per California law, employers have the right to bar the use of marijuana by their employees, so it’s a good idea to know what your employer’s policy is before you imbibe – even off-the-clock.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

LA City Considers Opening Places Where You Can Smoke Pot, Feb. 27, 2019, NBC-4 Los Angeles

More Blog Entries:

FDA Ruling Spurs City Crackdowns on CBD Edibles , Feb. 20, 2019, L.A. Marijuana Citation Lawyer Blog

Let’s note firstly that Pennsylvania legalized medicinal marijuana in April 2016, and the drug is only available for those suffering from certain medical conditions. Unlike California, and numerous other states, it is not available for recreational sale, possession or use. Even with medicinal use being legal, the Philadelphia area has reported that marijuana arrests in the area have markedly increased in recent years. And yet, the spike being reported by the FBI’s Uniform Crime Reporting (UCR) program. The analysis reveals marijuana arrests as reflected in federal data may be inflated by as much as 70 percent.

Why the disparity? As our Orange County marijuana criminal defense attorneys understand it, it’s a result of local police agencies reporting every single situation in which people are caught with pot in – even if they aren’t ultimately arrested for that offense.

Both the police agencies and the FBI say there is nothing wrong with this, as it helps produce information that is both reliable and useful for administrators and managers in the law enforcement field. However, groups like the Women’s Law Project in Philadelphia are highly critical of this practice, saying fails to properly reflect accurate public data. This could lead to allocation of law enforcement resources where they may not be necessary.

Research revealed two-third of local police agencies were reporting marijuana arrests for every stop in which the drug was found, even if the individuals stopped weren’t ultimately arrested. So for instance, in four counties that had reportedly made 5,4000 marijuana arrests last year, court records revealed only 3,200 of those defendants actually faced criminal charges. More often than not, those individuals who weren’t charged with any crime were still issued a citation for a lesser offense, such as disorderly conduct. Philadelphia allows police in that jurisdiction to issue a $25 civil citation for minor marijuana possession.

Police chiefs say that while this option – in lieu of marijuana arrests – aligns with the fact that marijuana is now a socially-acceptable drug. The FBI backed this practice, saying local agencies had “wide latitude” with regard to how such offenses could be reported.

However, this does mean that we don’t have an accurate count – based on FBI data – of how many marijuana arrests there actually are in a given area. Orange County marijuana criminal defense attorneys believe this matters when we’re looking at crime statistics that appear to show a serious problem of widespread criminal cannabis possession that may not in fact be criminal. Even leading criminologists called the practice “terribly misleading,” given that arrests are not only legally much different than a civil citation, they are perceived much differently than the public as well.

The criminologist noted another motivation police might have for the skewed reporting: Appearing more aggressive than they are. For example, if you have scores of drug arrests, it can appear to the public that a police agency is out tackling a serious problem on our streets – particularly when we know that marijuana is largely decriminalized in many jurisdictions so the only people being “arrested” are those committing more serious marijuana crimes. But it turns out that may not actually be true, and police agencies recognize that a slew of arrests for “disorderly conduct” just doesn’t carry the same weight.

In one town, while some 229 “marijuana arrests” were reported, the reality was only 24 of those defendants faced misdemeanor marijuana charges.

Those who are facing criminal marijuana charges should discuss their legal options with an experienced Orange County marijuana criminal defense attorney. Meanwhile agencies whose statistics appeared skewed should commit to accurately reporting each offense for precisely what it is.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Study: Marijuana arrests overstated to FBI by nearly 70 percent, Oct. 11, 2018, By Craig R. McCoy, The Philadelphia Inquirer

More Blog Entries:

Marijuana Reclassification: Feds Seek Public Comment for WHO Report, Oct. 8, 2018, Orange County Marijuana Criminal Defense Attorney Blog

The state allows regulated dispensaries to distribute medical edibles and liquids to be sold for medical use. The 2010 Arizona Medical Marijuana Act allowing one to obtain up to 2.5 ounces of marijuana twice a month, something more than 174,000 people qualify. Defendant’s attorneys are arguing that the active medicinal ingredient in the plant is the resin, and that the law doesn’t expressly exclude certain parts of the plant. There is no provision that says only the flower or only the leaves are allowed. The law defines marijuana broadly to include all parts of any plant of the genus cannabis, whether growing or not, and the seeds of such plants.

In State v. Jones, both sides disagreed as to whether hashish was included within the immunities of AMMA. Citing a previous state supreme court case from the late 1970s, the appeals court noted the legislature recognizes marijuana and hashish as two distinct forms of cannabis, and that the differing forms of treatment between marijuana and hashish have to do with its potency and rendering it susceptible to “serious and extensive abuse.” The state’s medical marijuana law makes no mention of hashish one way or another.

The court found that while the AMMA immunizes medicinal use of a mixture or preparation of marijuana (i.e., edibles), it doesn’t immunize hashish, which is processed from the separated or extracted resin. Appellate court justices said they couldn’t speculate if voters intended to immunize the use of hashish and if so whether they intended to decriminalize the drug in the same amounts as the far less potent (and even benign) marijuana flowers. The state law shields qualified, registered marijuana patients from arrest, prosecution or penalty that would arise from the use of marijuana for medicinal purposes. However, because criminal law treats the resin and leaves differently, the state argued the same should be applied where the AMMA is concerned. The majority appellate court agreed.

One justice dissented, arguing that adherence to the law and not speculation should govern the resolution of this matter, and further that defendant, as a registered qualifying patient subject to AMMA protections and possessing a quantity of the drug less than the allowable amount of “marijuana,” he should be immune from prosecution on these charges, his convictions and sentences reversed.

That is precisely what defendant’s marijuana criminal defense attorneys will be arguing before the state supreme court.

Our L.A. marijuana defense attorneys recognize that there are many patients or even recreational users of marijuana in California who cannot smoke marijuana and they also can’t eat raw plant material. Instead, they benefit from the various preparations and mixtures – including hashish.

If you are arrested on marijuana charges in L.A., our experienced, knowledgeable defense attorneys can help you fight the charges.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Attorneys Seek To Overturn Arizona Edible Marijuana Ruling, Sept. 12, 2018, By Claire Caulfield, KJZZ.org

More Blog Entries:

Technology Helping to Clear Past Marijuana Arrest Records, May 17, 2018, L.A. Marijuana Lawyer Blog

cannabis convictions. In San Francisco, for example, Code for America is assisting the District Attorney’s office in identifying people eligible to have their marijuana arrest records cleared, according to a report by Fast Company. The organization created an algorithm that could scan old case files for qualifying criteria. The system then takes it a step further by filling out the necessary paperwork, as well.

This is a huge victory for communities hit hardest by the politically motivated and often misguided “War on Drugs.” Minority communities and neighborhoods have historically been targeted the hardest when it came to convicting for marijuana use, while similar crimes in predominantly white communities were largely ignored. This has left a trail of destruction for predominantly black areas, with families broken apart by loved ones serving jail time and futures being damaged. It is more difficult for those with convictions on their records to find good work and obtain housing, meaning that even once people have fulfilled their punishment, they can be haunted by their records years later.Now that both medical and recreational cannabis are legal in California, it is wildly unfair that anyone should have their reputation continue to be maligned for activity that people can now engage in legally and openly in the eyes of the state. Legislators agreed, which is why Proposition 64 built into it initiatives to allow those with certain types of misdemeanor cannabis convictions to petition to have their records cleared. Others with higher levels of marijuana-related crimes can request to have the charges reduced.

The petition system was an excellent first step, but there is the potential for people to still fall through the cracks. There are people who might not be fully aware of their rights, who might not understand the process by which they can clear their names, or who simply don’t have the time or resources to research the proper steps they need to take. That’s why prosecutors in several areas, including the counties of San Francisco, San Diego, Santa Clara, and Alameda, are automatically reviewing more than 10,000 cannabis-related cases and carrying out dismissals or sentence reductions where applicable. Many cities cited a lack of resources for such a process as why they have continued to rely on those with convictions to advocate for themselves. The new algorithm being used by San Francisco really changes the game, though, making it possible to more easily scan through thousands of records without extensive manpower. City prosecutors have tested the tool and plan to start using it, as well as sharing it with other district attorneys throughout California.

Our Los Angeles marijuana arrest lawyers know this is a monumental step for those who have suffered from marijuana convictions and have been the victim of old school philosophies. Our law firm is here to help anyone who needs further assistance understanding how new laws affect their past cannabis criminal records, and we are here to help you should you find yourself with current marijuana-related charges against you. Our team has the experience and deep understanding of the ever-evolving laws that can help you and your case.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients, defendants, workers and those facing criminal marijuana charges. Call us at 949-375-4734.

Additional Resources:

Some Prosecutors Are Erasing Old Weed Convictions. Why Isn’t Yours?, May 2, 2018, By Matt Ferner, Huffington Post

More Blog Entries:

Seeking Relief for Those with Marijuana Criminal Records, Feb. 15, 2018, Los Angeles Marijuana Lawyers Blog

in California (and regulating and taxing), it offers a unique opportunity for the state to make reparations of sort to the people and communities who have suffered the most from the destructive “War on Drugs,” which turned out to be more of a slanderous attack on marijuana and an assault on minorities. According to ACLU, most drug arrests between 2001-2010 were for marijuana, and a whopping 88% of those were for possession. Worse yet, black people were more than 3 times as likely to be arrested for marijuana-related crimes than white people despite having almost equal rates of use.

San Francisco and San Diego are leading the way in the state toward making amends for past marijuana-related crimes. The city’s district attorneys are proactively reviewing cases on the books and expunging misdemeanors that are no longer crimes, giving those who previously have been punished a clean slate. They also are checking for charges that can be reduced to lesser crimes.

But what about the rest of the state?Statewide, those with previous convictions can petition to have their cases reviewed and charges erased or reduced. Many, such as the district attorney’s offices in Sonoma and Mendocino counties, have cited lack of resources as the reason that they don’t review all cases, according to an article from The Press Democrat.

While our experienced marijuana criminal defense lawyers in Los Angeles applaud any and all efforts to undo the overly aggressive enforcement of marijuana-related crimes, we also know that a petition system will leave many in the dust, unaware they are eligible for such relief or uninformed about how to apply. These people will lose out on the benefits a revised record can bring, including making it easier to secure work and housing.

Others agree. Legislation has been proposed that if passed would take the efforts in San Francisco and San Diego all over the state, automatically putting all relevant cases up for review. And while resources certainly could be an issue for some areas, there’s no reason more of the state taxes from marijuana sales could not be allocated for this important cause.

Meanwhile, our attorneys can help you assess if your old convictions are eligible for review. We also are here to fight for your rights if you are currently battling criminal charges. Our law firm includes skilled attorneys who focus solely on criminal cases to give you the strongest support possible for your case.

Besides reviewing criminal records, many regions are using resources to make amends in other ways. For example, Oakland and Los Angeles are setting up social equity programs, which offer aide to those applying for marijuana business licenses who have previous cannabis convictions. In addition, those related to someone with a previous conviction would see favor, in an attempt to lift up families. The programs would also favor low-income applicants, particularly those from areas whose economies were deeply effected by widespread cannabis-related arrests.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients, defendants, workers and those facing criminal marijuana charges. Call us at 949-375-4734.

Additional Resources:

Petitions Required in Sonoma and Mendocino Counties to Clear, Reduce Pot-Related Crimes, Feb. 10. 2018, By Julie Johnson, The Press Democrat

More Blog Entries:

Two California Cities Erasing Misdemeanor Marijuana Convictions, Feb. 9, 2018, Marijuana Criminal Defense Lawyers Blog

ABC News reports that while Sessions has insisted on numerous occasions that the federal justice system must be based on law and facts – casting politics aside – he apparently made his political views on legal marijuana crystal clear during this event – even going so far as to mock an intern who pressed him on it.

During the forum, Sessions was asked by one intern for his reasons to support “pretty harsh policies” when it comes to legal marijuana, while simultaneously backing relatively lax gun control measures, given that possession and use of firearms has been proven to result in far more deaths than marijuana. Sessions responded by saying that more fatal accidents are caused by drugs than alcohol (though this is an oversimplification on the research on this front) and that marijuana is undoubtedly unhealthy substance, per the findings of the American Medical Association.

The intern responded by challenging this assertion, to which Sessions responded by dismissively addressing her as “Dr. Whatever Your Name Is,” encouraging her to write to the AMA with her concerns. He added he did not believe America would be safe if cannabis was available “in every corner grocery store.” He said comparing marijuana to guns was apples-to-oranges, and that while the right to bear arms is protected by the Second Amendment, marijuana has no such protection.

Sessions’ views on legalization of marijuana have not been a secret. He has previously criticized the character of those who use marijuana, stated that D.A.R.E. videos kept kids off drugs (seemingly backing what we know to be failed “War on Drugs” policies) and has stated support for enforcement of federal drug laws.

It’s unclear what this will mean in the coming years for marijuana in California. As our marijuana defense attorneys in Los Angeles know, the state only recently hammered out nearly 300 pages of regulations for the new recreational cannabis marketplace, outlining substantial licensing fees, limitations on THC concentration in edibles and mandates marijuana businesses track all their product from seed-to-sale. The new regulations were initiated by the passage of Proposition 64, which left many of the details of how recreational marijuana would be managed to local governments and state regulators. The state’s regulations are broader industry rules, while local jurisdictions have the authority to decide whether they will allow marijuana to be sold in their jurisdictions. Los Angeles is among those that recently approved marijuana sales, and it’s expected to be the largest metro market for recreational marijuana.

While there are of course varying interests and concerns to balance, it does seem state regulators and local governments have been carefully – even painstakingly – working on this task. While they don’t want to bombard cities with new shops, but they do want to meet demand and do so in a way that will be safe. But all of this work might be for naught if Sessions decides to enforce federal law classifying marijuana as a Schedule I narcotic. Under federal law, cultivation and distribution of marijuana are serious offenses worthy of decades behind bars.

This conflict between federal and state law has affected nearly every aspect of state-approved marijuana distribution, but it’s been less of an issue in recent years, thanks to the hands-off policy adopted by the DOJ under the latter part of the Obama administration. Given Sessions’ position, marijuana businesses and entrepreneurs have less confidence in their operations. Although he promised to adopt “rational policy” on the issue, there has been no indication of what that is.

The reality is that halting legalization of marijuana at this juncture would be practically difficult. Most Americans support it and enforcement of federal laws would result in destabilizing strong markets – and potentially prompting voters to rebel. Then again, this administration has not yielded to the broader public opinion, so this aspect is still a wildcard.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Less-guarded Sessions spars with interns in internal DOJ video, Dec. 7, 2017, By Mike Levine and Geneva Sands, ABC News

More Blog Entries:

Honolulu Police Aim to Get Guns Out of The Hands of Medical Marijuana Patients, Dec. 4, 2017, California Marijuana Lawyer Blog

While it should be noted that many studies that compare the effects of driving while on alcohol versus marijuana show that driving under the influence of marijuana is not nearly as dangerous as driving while drunk, it is not safe to drive when under the influence of marijuana. However, one major issue is determining if someone is driving under the influence of marijuana, and if so, what is the level of intoxication.It is not illegal to drink and drive, even though people often say it is. It is illegal to drink to the point of intoxication and drive. This could mean drinking beyond the legal limit of 0.08 grams of alcohol per hundred milliliters of blood or drinking a lesser amount, but still being intoxicated. This presents the issue of if it is legal to smoke marijuana, is there a legal limit for that as well?

In addition to not having enough evidence to define a legal limit properly, a urine test will test for the presence of a cannabis metabolite, but it will not give the levels of THC in a person’s system. This means that the police can show you used marijuana in the past month or so, but that doesn’t reflect how much marijuana you used just prior to driving. If you have been charged with driving under the influence of marijuana, you should speak to an experienced marijuana defense lawyer in Los Angeles about this issue.

As discussed in a recent article from The Sacramento Bee, police in California are trying to use a roadside saliva test to determine if drivers are under the influence of marijuana. The test involves officers taking a mouth swab similar to a buccal swab taking when collecting DNA, and then putting the swab in a machine known as an Alere DDS2. The makers of this machine that sells for around $6,000 per unit claim it can detect up to six drugs in a person’s saliva, including THC.

As it turns out, they did not convince the California Highway Patrol, who decided not to purchase the machines after nearly a year of testing. They are convinced they work, but are not convinced the results will be allowed in court. There are variety of reasons for this. One is that with a new scientific testing method, prosecutors must demonstrate that it is scientifically accurate and meets certain criteria to be considered reliable evidence. The judge is supposed to act as the gatekeeper in this regard, and there will likely be a lot of litigation and appeals over these machines. For example, a DNA test is considered accurate and reliable and is allowed in court. On the other hand, a polygraph (lie detector) is considered unreliable junk science and is not allowed in court. There is a good reason polygraphs are not allowed in court, because the machine operator can interpret the results any way they are asked.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

California police looking to nab marijuana-impaired drivers with roadside saliva test, May 11, 2017, By Taryn Luna, The Sacramento Bee

More Blog Entries:

Anti-Cannabis Campaign Faces Violations, April 18, 2017, L.A. Marijuana Lawyer Blog

Case-in-point: A man in Arizona was arrested while sitting in his vehicle, listening to music and smoking a little marijuana. Now, as our L.A. marijuana lawyers will tell you, there is more than one flaw in his thinking. The first is that even in states like California where use and possession of marijuana are legal for recreation, public use is not legal. Beyond that, it’s illegal to operate a motor vehicle under the influence or impaired. Even if the vehicle was not on, authorities could make the argument that he was “in control” of the vehicle and, depending on state DUI or OUI statutes, that could mean even just sitting in the car with the keys in the ignition.

But this defendant’s biggest problem was that marijuana is not even legal in Arizona, at least not for recreational use.

The Arizona Medical Marijuana Act passed in 2010. But that didn’t automatically mean all weed was legal. As the Arizona Republic explained in this 2015 article:

• The Arizona Supreme Court ruled the odor of marijuana can be used as probable cause to search a car or premises, even in spite of the state’s medical marijuana statute.
• A person who takes medical marijuana can legally be fired if he or she is in possession of or under the influence of marijuana at work, but it’s illegal for an employer to fire a worker because of his/ her cardholder status or testing positive for the presence of marijuana, unless federal funding is in jeopardy (which is even greater protections than California workers are afforded).
• The Arizona Court of Appeals ruled the state’s medical marijuana law does not extend prosecutorial immunity to patients who test positive for marijuana or related compound.
• Patients can use or possess marijuana on a college campus, due to the campus ban statute passed in 2012.
• There are specific conditions that qualify a person for medical marijuana, including cancer, HIV/ AIDS and severe and chronic pain, nausea or epilepsy.
• Patients with a valid medical marijuana card can use marijuana while on probation.

In the case of the man who was arrested, the incident occurred in Mohave County. Police were called to the scene on reports of a man who was intoxicated and playing loud music at 1:30 a.m. Deputies reportedly approached and asked him to turn down the music, which he did. However, officers then detected the smell of burnt marijuana and there was a small bag in his shirt pocket. Officers asked to see the bag, which he showed to them. He “freely admitted” it was marijuana and that he had no medical license to possess it. However, when police initiated the marijuana arrest, defendant reportedly resisted, apparently believing he was being detained unjustly. He demanded to know why he was being arrested, and he was advised it was because he was in possession of marijuana absent a prescription or a medical marijuana card.

Voters in Arizona did consider in November a measure that would legalize marijuana for recreation, but it was ultimately defeated by a margin of 52 percent to 48 percent.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Man arrested for marijuana didn’t realize weed is still illegal in his state, Jan. 7, 2017, By Greg Hadley, Miami-Herald

More Blog Entries:

California Pot Dispensaries Seek Sleeker Look, Jan. 16, 2017, L.A. Marijuana Arrest Lawyer

Recently, the Los Angeles County Sheriff’s Department announced it raided a Canyon County strip mall, search warrant in hand, following an investigation sparked by a tip from a local citizen. At the site, investigators reportedly discovered an “elaborate” indoor marijuana cultivation system in several of the units. They also found an undetermined amount of money, plus nearly 2,500 plants in various stages of growth. There was also an additional 200 pounds of the finished product (in the form of dried marijuana buds) seized, as well as an estimated 50 pounds of edible, THC-infused products, such as suckers and cookies. Expensive air filtration systems were reportedly designed to help keep the odor from getting outside.

Although three men were detained at the scene, two were released. A third, a 28-year-old man from Los Angeles, was arrested for possession of marijuana for sales. The combined value of the plants is estimated to be approximately $6.2 million, while the combined value of the dried buds and edible products was approximately $500,000.

Recent data from the Federal Bureau of Investigation reveals that authorities made 643,000 marijuana arrests last year. That’s the lowest in two decades, but it still works out to one marijuana arrest every 49 seconds. The vast majority of these cases – 9 in 10 – do NOT involve elaborate grow operations like this one. Most are for mere possession offenses.

In 2011, California lawmakers decriminalized possessing tiny amounts of the drug to a minor infraction, on par with a parking citation. However, a recent study by the Drug Policy Alliance (an organization that is favorable to liberalization of marijuana laws) reveals, “It’s not legal yet.” California law enforcement agencies arrested some 500,000 people for marijuana possession between 2006 and 2015.

The report cited data from the state department of justice, which indicated that while misdemeanor marijuana arrests had fallen since the 2011 law change, thousands of people were still being arrested on misdemeanor marijuana charges every year in California – and felony marijuana arrests were up by thousands annually. Our L.A. marijuana defense lawyers know most of the misdemeanor marijuana arrests that are still being made regularly include:

• Possessing marijuana concentrates;
• Keeping quantities of marijuana greater than one ounce;
• Giving marijuana away to others.

The report additionally shows that black Californians were twice as likely to be arrested for misdemeanor marijuana offenses than their white counterparts. What’s more, they were five times more likely to be arrested for marijuana-related felonies. This is despite the fact that numerous studies have shown whites use and possess the drug at the same rates as their minority counterparts.

Proposition 64, the ballot measure that would allow for legalized recreational marijuana, would make both possession of concentrates as well as distributing small amounts of pot totally legal. Additionally, Californians would be able to grow up to six marijuana plants at home. Sales of these plants would be legalized and taxed in a way similar to how Colorado has structured it.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

LASD Marijuana Task Force Seizes $6.2+ Million Worth of Marijuana Plants, Product, Cookies – Canyon Country, Oct. 19, 2016, LASD

More Blog Entries:

California Marijuana Company Prevails After Police Raid, July 12, 2016, L.A. Marijuana Defense Attorney Blog

Some of the latest data to have emerged in recent weeks on marijuana arrests gives us a little hope, but also illustrates how much farther we have to go on this issue.

The first analysis was conducted by The Washington Post after receiving the latest FBI unified crime statistics from 2015. Reporters learned that the number of marijuana possession arrests last year – 575,000 – was the lowest its been since 1996. It also shows us a 7 percent year-over-year drop, and an approximately 35 percent dip since 2007, when pot possession arrests were at their peak of 800,000. Now, this would suggest that police are overall spending less time to marijuana enforcement, particularly with regard to other drugs. But then, we consider a joint report by the Human Rights Watch and the American Civil Liberties Union that shows the 575,000 marijuana arrests in 2015 for low-level personal use last year numbered 13.6 percent more than the 506,000 arrests made for all violent crimes that same year – including for murder, rape and serious assaults.

The joint report, titled, “Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States,” highlights the disparate treatment black Americans receive in the criminal justice system. This includes the disproportionate number who are sent to jail when they are unable to cover the cost of those court-imposed fines. They are also disproportionately stopped in traffic and even while riding bicycles.

The joint report also highlights the fact that our justice system coerces guilty pleas, even from innocent people. In 2009, more than 99 percent of those convicted for drug possession in the 75 biggest counties in the country pleaded guilty. Data obtained from Florida and Alabama shows that at least in two states, most drug possession defendants were poor enough to qualify for court-appointed counsel and yet, the average bail amount for these offenses was $39,900. For lower income defendants, bail that’s this high means they will stay in jail until their case is resolved. That creates a significant incentive to get it over with. This is especially true when prosecutors offer probation, relatively short sentences or “time served” in exchange for a guilty plea – something that starts to look very attractive when the alternative is to stay in jail to fight a conviction. Then you also take into consideration the so-called “trial penalty.” That is, the plea deal may involve a short stint behind bars, while a conviction upon trial may result in decades behind bars.

So even as marijuana arrests for possession are the lowest they have been in years, it still works out to an arrest every single minute.

A widely-cited report in 2013 by the ACLU revealed that taxpayers paid $3.6 billion in marijuana possession enforcement every year. The study also indicated that while white Americans and black Americans use the drug at the same rates, black users were four times more likely to be arrested.

If you have been arrested, there are a myriad of pre-trial defenses that should be explored to minimize your risk of conviction.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Marijuana arrests fall to lowest level since 1996, Sept. 26, 2016, By Christopher Ingraham, The Washington Post

More Blog Entries:

Report: California Arrested 500k People in 10 Years for Marijuana, Sept. 5, 2016, Los Angeles Marijuana Arrest Lawyer Blog

One of the arguments people have made against legalization of recreational marijuana is that, for the most part, the drug is already legal here. After all, this was the first state to allow medical marijuana 20 years ago, and patients can ask for – and receive – marijuana for just about any condition. State lawmakers also decriminalized possession of small amounts of the drug five years ago, making possession of anything less than an ounce an infraction similar to getting a parking ticket.

However, a new report released by Drug Policy Alliance (a pro-marijuana advocacy group) revealed that between 2006 and 2015, there have been almost half a million arrests on marijuana charges in California. That’s based on figures from the state Department of Justice. And while misdemeanor arrests did fall substantially after the 2011 decriminalization of the drug, there are still thousands of people being arrested on misdemeanor marijuana charges – and thousands more on felony charges, which hardly dropped at all.

In fact last year alone, there were 9,000 felony arrests in California. Guess which communities burdened the bulk of this ongoing marijuana enforcement? Blacks and Latinos. Even though blacks use and sell marijuana at the same rates as whites, they are four times more likely to be arrested for any marijuana offense and five times more likely to be arrested for a marijuana-related felony.

As for the misdemeanor marijuana arrests in California, most involved infractions like:

• Having possession of marijuana concentrates.
• Giving away marijuana to others.
• Having quantities of cannabis that exceeded one ounce.

When it came to the felonies, most of these involved cultivation, possession or intent to sell the drug outside of the state’s Compassionate Use law framework.

So while many people say legalization in California isn’t necessary, the fact of the matter is, this senseless War on Drugs rages on in our communities. The DPA’s figures don’t indicate what happens to individuals after arrest, but our L.A. marijuana lawyers know that even an arrest on its own can have a serious negative effect on someone’s life. It can range from missing a day of work to the creation of a paper trail that results in a denial of a new job or promotion. Inability to post bail could mean a person ends up spending weeks in jail – which can have devastating financial and family consequences.

The measure on the November ballot would legalize giving away the drug (in small quantities), having concentrates of it in one’s possession and growing up to six plants (at home). Sales would also be legal – and taxed – in a manner that would mirror the Colorado market.

While legalization of marijuana likely would reduce the overall number of people arrested on marijuana charges, it’s not clear whether it would close the racial gap for offenses that would continue to be on the books. In Washington and Colorado, which have both legalized the drug, those disparities continue to persist.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

California arrested nearly half a million people for pot over the past decade, Aug. 18, 2016, By Christopher Ingraham, The Washington Post

More Blog Entries:

Obama Frees Record 214 Federal Drug War Prisoners, More Work Left to Do, Aug. 22, 2016, L.A. Marijuana Arrest Attorney Blog

The Native American teenager had faced a federal misdemeanor – which carries a possible one-year prison term and a $1,000 fine – after another student was caught with the drug in his backpack and pointed to defendant as the person from whom he had purchased it. The amount of the drug found – 1 gram – is approximately enough to roll one joint, maybe two if you stretch it. In addition to the possible prison sentence and out-sized fine, the teen would have faced denial of federal student loans, public housing and government aid – for life.

Possession of marijuana has been decriminalized in Oregon. In fact, the drug has even been legal for adult recreational use in that state since 2014. But federal authorities became involved because the incident occurred at a boarding school for Native American students that is operated by the U.S. Bureau of Indian Education. That meant this 19-year-old kid, who was preparing for college in this fall, had this possible one-year federal prison term hanging over his head.

State lawmakers called for the feds to back off, saying that while use of the drug by minors certainly was not acceptable, the fact that federal prosecutors were pushing for a penalty of this teenager over a single gram of the drug was a total misallocation of resources. L.A. marijuana lawyers followed the case as it became national news recently, with features in The Washington Post and other big news outlets.

Now, it seems prosecutors have acquiesced – interesting because prosecutors often pride themselves on not bending their decisions based on the whims of the public. However in this case, it appears they did have discretion and clearly, if a case called for discretion, this was it. Plus, it probably didn’t hurt that three Oregon congressional delegates issued a public letter to the U.S. Attorney in the region, demanding that he explain his drug enforcement priorities.

The teen was a first-time offender and the amount was tiny, particularly in a state where the drug is widely available for recreational use. Prosecutors confirmed that the charges will be dropped if the teen agrees to obey the law and maintains a job for 60 days. If he meets these terms, prosecutors will move for a dismissal of the charges in early October.

His public defender called the outcome, “a fair resolution,” adding he hoped this would be the last such case to be raised by the U.S. Department of Justice.

U.S. Rep. Earl Blumenauer (D-Ore.), one of the first to raise ire about the case, later told the Willamette Week that while he was pleased to hear federal prosecutors were dropping the charges against this teen, he voiced concern about the fact that the charges were filed in the first place. He added that it was his hope the outcome in this case will set a precedent for the future that will steer prosecutors away from filing such cases to begin with, something Blumenauer called a “waste of time and resources.”

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Feds Dropping Charges Against Native American Teenager Who Faced a Year in Jail for Cannabis, August 2016, By Leah Sottile, Willamette Week

More Blog Entries:

Teen Faces Federal Drug Charges for 1 Gram of Marijuana, Aug. 11, 2016, L.A. Marijuana Lawyer Blog

Authorities have charged the two men with illegally and covertly shipping marijuana seeds from the Netherlands via compact disc cases and sewn into clothing inseams.

These charges were filed some eight months after tribe, the Flandreau Santee Sioux, decimated the existing marijuana crop, fearing federal authorities were preparing a raid on the operation. That marked the abandonment of an elaborate plan to found what was described as an “adult playground,” which it was believed could help rake in as much as $2 million every month in profits.

At this point, tribal leaders say they have no plans to press reassess the proposal. Instead, the greenhouse that was originally built to grow cannabis will now instead be used to grow vegetables.

Based on the facts our California marijuana arrest lawyers know at this juncture, it seems the project may have been doomed from the start. That’s because the South Dakota Attorney General Marty Jackley warned both the tribe and these consultants from the very start that this was illegal under state and federal law. Our marijuana lawyers understand walking the fine line of what is legal and what isn’t can be a tightrope walk when we’re dealing with a maze of conflicting laws from state-to-state and also at the federal level. Rules on native tribe land can be even trickier. This was a situation that called for experienced marijuana legal consultation at every phase to avoid trouble.

According to The Associated Press, the two men were slapped with a range marijuana possession charges. They were working with a company called Monarch America, a company based in Colorado that was hired by the tribe to work on the resort idea.

The 34-year-old chief executive of the firm has been indicted on charges of conspiracy to possess marijuana, possession of marijuana and attempt to possess more than 10 pounds of marijuana. Similarly, the 43-year-old vice president and “cultivation expert” at the firm has been charged with conspiracy to possess one pound of marijuana.

According to the criminal complaint, the vice president ordered seeds from a company in the Netherlands that were then shipped illegally to the Native tribe’s office last year. Authorities say those seeds then became 600 plants, which were grown on tribal land. Tribe leaders, then fearing criminal charges, burned the drug in batches.

The attorney general in subsequent press conferences has painted the tribe as the victim in all this, saying they were unwittingly wooed into violation of state and federal laws. The county state attorney said no charges were being filed against the tribe or its members. However, prosecutors did call for the tribe to reconsider it’s “adult playground”concept, which involved a nightclub smoking lounge, bar and food service and an outdoor music venue.

The tribe started looking into the marijuana grow operation after a 2014 U.S. Justice Department policy indicating Indian tribes could legalize the growth and sale of marijuana in much the same way that states have. Tribal leaders were hoping the profits could be used for community services for tribal members.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

South Dakota charges 2 men trying to help launch pot resort, Aug. 3, 2016, By Regina Garcia Cano and James Nord, Associated Press

More Blog Entries:

California Marijuana Company Prevails After Police Raid, July 12, 2016, Los Angeles Marijuana Arrest Lawyer Blog