The conflict between state and federal law is apparent in many aspects of California life. Cannabis businesses cannot bank in federal institutions, because their finds are considered illegal drug money. Federal employment is usually unavailable to Californians who use marijuana (whether recreationally or medicinally). And in perhaps the most confusing of all restrictions, marijuana use is illegal on federal lands within state borders.

The Sacramento Bee reports that the National Parks Service will continue to enforce federal marijuana prohibitions on national park lands within California, just as it did prior to the legalization of recreational marijuana in California as of November 2016. “Marijuana – recreational, medicinal, or otherwise – remains prohibited on federal public lands and property, regardless of state laws. So there is no change: we will continue to enforce marijuana prohibition as before,” says NPS spokesman Andrew Munoz. The National Parks Service has jurisdiction over the Redwood National Park, Golden Gate National Recreational Area, Alcatraz Island, Yosemite National Park, Joshua Tree National Park, Cabrillo National Monument, Death Valley National Park, and many other popular tourist destinations around California.

The Politics of Enforcing Marijuana Laws

Federal enforcement of marijuana laws has been inconsistent, and highly dependent upon the policies of the ruling political party. Former President Barack Obama explicitly deprioritized the prosecution of federal defendants who had not violated state marijuana laws. Current President Donald Trump, on the other hand, has appointed Jeff Sessions to lead the Department of Justice as Attorney General. Sessions is a well-documented marijuana opponent. It does not appear as if he will take Obama’s lax approach to federal marijuana law enforcement policy.

Meanwhile, state law enforcement agencies have a surprising amount of latitude to enforce whichever cases best suit their needs. Rolling Stone reports on a growing trend of marijuana law enforcement by local agencies. Because federal law currently prohibits the DEA from participating in investigations of cannabis businesses that are in compliance with state laws, local law enforcement agencies can keep the cash, goods, paraphernalia, and other evidence seized in such investigations. Local law enforcement agencies are therefore under pressure to seize as many assets as possible before cannabis business regulations take effect in 2018 (at which point there will be less ambiguity about whether a business is in compliance with state law, making it more difficult to investigate businesses and seize assets).

Ultimately, enforcement of marijuana law will continue to be uncertain – and heavily influence by current politics – for as long as conflict exists between state and federal marijuana laws. This conflict and confusion results in harsh federal prosecutions for activities made legal by state law. Defendants can face federal marijuana charges, state marijuana charges, or both. Our experienced cannabis lawyers in Orange County can help.

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

Additional Resources:

Pot’s legal in California. So why are people still getting busted in Yosemite?, January 9, 2017, by Sean Cockerham, the Sacramento Bee

More Blog Entries:

Marijuana Arrests Fall in 2017, Still Higher Than for Violent Crimes, October 26, 2016, Cannabis Law Group

Under the laws in the state of California, knowingly providing an edible cannabis product to another person without first informing the recipient that the food contains cannabis can be considered a form of unlawful poisoning. This can result in legal charges and criminal prosecution. If you are arrested for this type of crime or if you are arrested for any offense related to cannabis, it is important you contact a marijuana criminal defense lawyer for help responding to serious charges.

You could potentially face substantial penalties for the crime of poisoning or other marijuana crimes, and you should work with your attorney to develop a sound legal defense strategy aimed at securing an acquittal or aimed at reducing possible penalties through the effective negotiation of a reasonable plea bargain.

Failing to Disclose Cannabis in Food May be Considered a Form of Poisoning

According to KEYT, the arrest in connection with the cannabis candy bar occurred after the Thousand Oaks Police Department made contact with a woman who was working at a restaurant on Moorpark Road. The woman indicated her 36-year-old male co-worker had offered her a portion of a chocolate bar he had with him while he was at work. The man allegedly did not tell the woman the chocolate bar was a cannabis edible and thus contained a dosage of THC.

After consuming the chocolate bar with THC, the woman began to experience difficulty breathing. She also indicated she became disoriented and confused. Her condition caused allegedly her to become unable to continue working. A family member escorted her from the restaurant to her vehicle, and later a family member helped the woman to visit a medical facility to receive treatment for the symptoms she claimed to be experiencing.

When the police were contacted about the possible poisoning, they conducted an investigation and obtained a search warrant for the co-worker who had given the woman the candy bar with the THC. The police allegedly found a chocolate bar which contained THC among the man’s possessions. The cannabis edible discovered by police was similar to the one which the man had provided to the woman who claimed she’d been poisoned by the candy.

The police also discovered more than $600 in cash as well as 70 pills that appeared to be ecstasy. Because of the cash and the number of ecstasy pills which police discovered when conducting the investigation, the man was arrested on suspicion of possession with intent to sell a controlled substance. Police, under the law, are able to assume possession due to larger volumes of controlled substances even if there is not actually any proof an individual who had these substances in his or her possession was actually selling them to others. This can lead to much more serious charges and harsher penalties than a simple possession charge.

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 after giving coworker cannabis edible in Thousand Oaks, April 16, 2017, Staff Report, KEYT

More Blog Entries: Marijuana Sobriety Tests Still Elusive, Feb. 28, 2017, Marijuana Attorney Blog