Some of the obvious pros for marijuana legalization include economic opportunities, increased taxes flowing in to the state coffers and fewer jails and prison packed with non-violent drug offenders

. California is already beginning to experience these perks since the passage last month of the Control, Regulate, and Tax Adult Use of Marijuana Act. The drug is still deemed a Schedule I narcotic under the federal Controlled Substances Act, 21 U.S.C. Section 812.

The issue of non-violent drug arrests and convictions has been a controversial one in recent years, with some politicians clinging to the illogical argument that a failure to crack down on low-level possession leads to widespread and dangerous use. This just isn’t true, but this flawed thinking and aggressive enforcement of arcane laws has dearly cost individuals, families and communities (particularly those that are majority minority).Now, San Francisco and San Diego are taking it a step farther by clearing marijuana possession criminal records for thousands of people, according to a New York Times report. The San Francisco district attorney’s office said it is expunging about 3,000 misdemeanor convictions that go back 40 years. In addition, 4,900 felony cases will be reviewed and considered for reduction to misdemeanors in San Francisco.

In San Diego, 4,700 cases are under review to either clear or reduce charges. According to the San Diego Union-Tribune, about 700 have been reduced so far. The process started with about 55 cases where people were either in prison or fulfilling probation that were considered top priority. Of those incarcerated, some were serving extensive sentences of up to 18 years.

Other cities are also taking steps in this direction by reviewing convictions on a case-by-case basis. In addition, Rob Bonta (D-Oakland) introduced AB-1793, which if passed would automatically expunge eligible cannabis convictions statewide.

Under California’s new law, citizens with low-level offenses on their records can petition to have them erased, but it can be an expensive process and many aren’t even aware they qualify. These two cities are skipping the petition step and just taking care of the records themselves, though San Diego is still encouraging people to fill out the application form so their cases do not get lost in the review process.

Clearing and reducing records will make it possible for these citizens to not be hindered in achieving basic goals, such as finding work or obtaining housing or loans, particularly when their crimes are not even considered illegal on the state level anymore. Same cases are not eligible to have charges downgraded, including those of people who also have sex crime convictions or violent crimes on their record.

Our Los Angeles marijuana defense lawyers are proud that California is leading the country in creating equity in the era of marijuana legalization. Other states have been lagging in this area, with Nevada’s governor vetoing a bill that would have cleared low-level offense records and Colorado dragging its feet for five years before even allowing residents to apply to have certain convictions erased. If you are being tried for a marijuana-related crime or need guidance on whether you qualify to have a previous charge reduced on your record, our attorneys have the year of experience to assist you.

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:

San Francisco Will Clear Thousands of Marijuana Convictions, Jan. 31, 2018, By Timothy Williams and Thomas Fuller, New York Times

More Blog Entries:

New Program in Works to Help Mitigate Marijuana Convictions in LA, Nov. 6, 2017, Los Angeles Marijuana Defense Lawyers Blog

Authorities say defendant driver was high on medical marijuana at the time of the deadly crash. During the crash, defendant allegedly crashed into a parked state police cruiser that was occupied by the Massachusetts State Police (MSP) trooper.

It is alleged that prior to the accident, the defendant went to a local medical marijuana dispensary and purchased several marijuana cigarettes and had them in his car at the time of the deadly crash. Authorities have also said there was a partially smoked joint in the car following the accident.

Witnesses say that defendant was driving his car when he allegedly swerved his vehicle across multiple lanes of traffic and crashed into the trooper’s SUV, which was parked in the shoulder alongside the road. When first responders arrived at the scene, they attempted to provide immediate medical attention to the trooper, but he was soon pronounced dead. The defendant was also injured in accident. When he was in court for his arraignment, he had medical braces on each of his arms and was also in handcuffs. The trooper was 44 years old at the time of his tragic death and was a former United States Marine. He had a funeral that was attended by many state troopers as well marines.

Prosecutors are alleging that defendant refused to take a breath alcohol test, but they did take a blood sample. It is alleged that he had evidence of marijuana his blood stream. However, as our Orange County marijuana DUI defense attorneys can explain, there are various issues with testing for marijuana in a person’s blood. The first issue is that even if you can detect that a person used marijuana at some point in the past several weeks, there is not an approved way to determine if a person was under the influence of marijuana at the time he or she was driving.

The reason for this is because THC, which is the active chemical in marijuana that makes a person high, is metabolized in such a way that it will not end up in a person’s urine, and only stays in a person’s blood, if detectable at all for a very short amount of time. While it might be possible to determine if a person had recently smoked marijuana through blood, there it is even more difficult to determine if a person have enough marijuana or THC in his or her system to cause intoxication. For example, with alcohol, there is a per se level of intoxication of 0.08 grams of ethanol (drinking alcohol) per 100 milliliters of blood. This the legal limit across the country, including California. However, there is no legal limit of marijuana, and just because a person has used medical marijuana, does not mean that they are impaired to the point where it would be dangerous to drive.

It should be noted that in this case, the defendant has been charged with operating a motor vehicle under the influence of marijuana in what became a deadly accident, but these are merely allegations, and he is presumed innocent.

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

Additional Resources:

Driver who crashed and killed a state trooper was high on medical marijuana, May 19, 2016, Daily Mail, By Jessica Chia

More Blog Entries:

Rescheduling Marijuana Could Help Researchers, April 22, 2016, Los Angeles Marijuana Lawyer Blog

The U.S. Court of Appeals for the 9th Circuit is expected to rule on the case soon, and the outcome could have a significant impact on the future of federal marijuana prosecutions of medical marijuana dispensaries and users in the eight Western states that allow them. It also would overturn or stop half a dozen federal marijuana convictions/ prosecutions in both California and Washington.

Last year, a jury in a Washington state federal court convicted Rolland Gregg, his former wife and his mother for growing about 70 marijuana plants on their property in Washington. The family has insisted in the three years since their arrest that they were doing nothing wrong because that all the marijuana they grew was for the purpose of their own private medicinal use. They insist their actions 100 percent complied with state law. The problem, in the eyes of the government, is that marijuana cultivation is not legal under federal law. So according to prosecutors, it didn’t matter that the actions of Gregg and the others met state law standards.

The 9th Circuit is not only the biggest federal appeals court in the country, it is also the one that contains the most pro-marijuana states. Our Los Angeles marijuana defense lawyers know a ruling from those justices saying federal prosecutors are barred from enforcing medical marijuana law would be significant. Will it be the absolute last word on the issue? Probably not. But it would be a powerful weapon for defendants facing federal criminal marijuana charges.

The crux of defendant Gregg’s argument is a bipartisan amendment passed by Congress that instructed the Department of Justice not to use money allocated from the federal government in 2015 and 2016 to stop medical marijuana states from implementing laws that allow the drug’s use, possession and distribution.

The sponsors of the bill – a California Republican and Democrat – have said explicitly the intent of the bill was to prevent the DOJ from initiating prosecutions against people who are in compliance with state medical marijuana laws. California and Washington are two of among 20 states that have legalized the drug for medicinal purposes.

Not so fast, says the DOJ. They have interpreted this measure to mean prosecutors are prevented from trying to block state medical marijuana laws or from taking action against state officials who try to put them in place. However, there is nothing in the language of the law, they say, that prevents them from pursuing criminal charges against marijuana growers and dispensaries.

And that’s where Gregg and his family are in trouble.

The 9th Circuit is being asked to clarify the law, and Gregg is among three defendants seeking review, arguing the Congressional action should result in a dismissal of their marijuana charges.

Another defendant is Steve McIntosh, a marijuana dispensary owner from Los Angeles. His permits showed he was in compliance with state law. The most the feds should have been able to do was hand him over to state-level prosecutors. And yet, he was convicted of federal marijuana crimes.

Essentially, federal prosecutors are seeking to override the will of the voters in Washington, California and even Congress. At some point, the courts will need to step in and stop these wasteful and unnecessary actions. We hope that time is now.

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

Additional Resources:

Looming Marijuana Ruling Could Limit Federal Prosecutions, May 2016, By Sudhin Thanawala, Associated Press

More Blog Entries:

Rescheduling Marijuana Could Help Researchers, April 22, 2016, Los Angeles Marijuana Lawyer Blog