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

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