police departments who allegedly are targeting businesses while transporting cannabis and seizing their delivery and cash. North Coast Journal conducted an investigation of these cases and found a pattern of confiscations over the past three years without any charges ever being filed against the drivers. Each of the incidents allegedly occurred during traffic stops with local police officers, and some said they were not even in the jurisdiction of that department when the stops were made.

It is not unusual that officers would share duties with other departments near major highways, like Highway 101, to patrol those long stretches of road. It’s not even unusual that they would be intercepting illegal drug transports, as the department in question was part of joint efforts to go after cocaine, meth, opioids, ecstasy, and methamphetamines. Also on the list of targeted drugs, though, was marijuana, and drivers alleged officers showed no interest in whether or not drivers were in compliance with state and local laws. One driver described a briefcase full of all necessary paperwork he carried on his route in case he was pulled over, but it allegedly did not protect him, and the contents of his vehicle were confiscated.This is one of the many ways the gray area between state marijuana legalization and the federal ban really hurts residents. Police can still monitor cannabis activity under the premise that they are searching for illegal behavior at the state level, such as unlicensed businesses or transporting between states. Then, should they choose, police might still cite Controlled Substances Act, 21 U.S.C. Section 812, which classifies cannabis as a Schedule I narcotic. Or, as these drivers claim, police could simply never file a charge so you don’t get your day in court. The uncertainty of the rights of business owners in the face of federal law has left them vulnerable to unfair police practices.

Cracking down on drug trafficking has its perks, including the ability of the local police departments and the district attorney to seize a cut of money confiscated during suspected crimes, a process known as civil asset forfeiture. Add in the fact that police know legitimate marijuana business owners are transporting sizable amounts of cannabis to delivery points, as well as cash, due to the fact that federal restrictions of marijuana make it impossible to use traditional banking, and you have a recipe for potential corruption.

State and local laws surrounding marijuana were created specifically to protect those who chose to establish cannabis businesses in California. That’s why it’s essential you call on the experience of our skilled Los Angeles cannabis criminal defense lawyers should you find yourself in a run-in with police. It’s completely understandable that you would be confused facing up against law enforcement officers who are claiming you are in the wrong even when you have done your compliance due diligence. With a trusted cannabis attorney on your side, you will have a legal team with a tested understanding of all marijuana laws who will act as a strong advocate for you and your rights.

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:

How Cops Could Cash in on Legal Weed in California, Dec. 18, 2017, By Max Rivlin-Nadler, Vice

More Blog Entries:

Licensed Cannabis Business Drivers Arrested, Van Confiscated, Jan. 17, 2018, Cannabis Law Group

Why the Number is So High Interestingly, the 2016 number was more than double the number of indoor plants seized by the D.E.A. in California in 2012. So why have indoor grows increased so quickly in California? According to a D.E.A. report, indoor production has two key advantages: it does not rely on outdoor climate conditions or growing seasons, and it is more difficult for law enforcement officers to discover that open outdoor grows. Outgrow grows can cause other legal complications, too: many outdoor grows in California have been conducted on federal lands. Marijuana is entirely prohibited on federal lands. No state permit, license, or compliance can protect a defendant from being prosecuted under federal law if he or she grows marijuana on federal lands within state borders. What About the Lawful Grows? Of course, there are many growers in California who are operating lawfully. State law allows for the operation of cooperatives and collectives which grow medicinal marijuana. Both the existing compassionate use law and new recreational use law allow for individuals to cultivate a small number of plants for personal use. So long as this growth is conducted in accordance with county, city or other local regulations, it is considered lawful. This does not, of course, mean that legal growth will not be the target of law enforcement investigations. Many of these investigations can be resolved simply by providing proof of permits, licenses, and compliance with other applicable regulations. Unfortunately, others are drawn out for months. These can result in many hours and thousands of dollars spent trying to resolve criminal charges. Worse, it can result in the seizure of not only marijuana, but cash and other assets, as well. Many prosecutors’ offices are dilatory in releasing this property upon the close of an investigation. In many cases, the defendant must file a separate civil lawsuit simply to reclaim the property. If you have been the subject of a criminal investigation or seizure of assets, contact an experienced Los Angeles marijuana criminal defense attorney as soon as possible. You have constitutional rights which must be protected in the criminal justice system. You also have the right to seek the return of seized assets through the civil courts. 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 marijuana grow houses account for 75 percent of U.S. indoor plants seized, October 4, 2017 by Brad Branan, Sacramento Bee More Blog Entries: New Bill: Police Must Return Seized Marijuana or Pay Compensation, May 15, 2014, by Cannabis Law Group