This same group was reportedly also involved in helping San Francisco expunge more than 9,000 marijuana convictions earlier this year – even though some of those date back to 1975. The Los Angeles D.A. has said she expects the same to be the case here, pointing out that Department of Justice records in cannabis cases go back more than seven decades.

Los Angeles marijuana expungement attorneys know the chances of someone with a 1940s cannabis conviction is both alive and has any real interest in having their name cleared, is unlikely. The D.A.’s office has said they aren’t necessarily starting with the oldest cases first, and will instead be prioritizing those individuals who are looking for:

• Housing
• Employment
• A fresh start

It’s also worth noting that not all prior convictions are going to be expunged. Those who most likely would not receive an expungement would include:

• Registered sex offenders (regardless of whether the cannabis offense was related);
• Those convicted of violent offenses;
• Individuals convicted of large-scale drug trafficking or habitual drug offenses

Although she did not break down the details of the priority list, she did indicate her office would most likely be starting with cannabis cases involving low-level, first-time non-violent offenders.

This doesn’t mean anyone whose prior offenses see to fit the bill of the former category should assume they have no shot at prosecutorial review, and neither does it mean those in the latter category should automatically presume they’re home-free. People who have a pressing and vested interest in having their Los Angeles cannabis conviction expunged, dismissed or reduced should promptly contact an L.A. marijuana criminal law firm skilled in defense and expungement. It’s possible with the benefit of a qualified marijuana attorney, it may be possible to request for a case to be expedited.

The D.A.’s office said that while it lacked the resources to pursue wiping clean all these convictions with its own resources, the algorithm supplied by the third-party non-profit allowed it to quickly identify which cases would be eligible to have cases would have been eligible for the benefit. Although an expedited process is always welcome, it’s not impossible that a case may have been deemed “ineligible” by mistake. That’s why it’s a good idea to have your old California marijuana conviction reviewed for expungement eligibility.

The way prosecutor’s were going about it initially would have-all-but-required a lawyer. Individuals interested in having old cannabis cases expunged – and doing it right – needed an attorney to help review the forms, prepare them, file them, file them in the correct court and then pay to obtain the record.

The system of automatic expungement in Los Angeles means basically that the state handles the entire process for you – and you need never go to the trouble. Again, this is great – but only if the system works as intended and there are no glitches.

Even if your criminal record has been expunged of cannabis convictions, you may not even know it. Although the agency is working on the best way of getting word to people that their records are clean, they’re also trying to be cautious of privacy and avoid inadvertently revealing the expunged information to a third party.

The non-profit agency points out there are 1/3 people in the U.S. with a criminal conviction and in California alone (one of the more relaxed states on this front) those people face 4,800 legal obstacles – in housing, employment, education, parenting time and more. Consulting with an experienced marijuana expungement attorney in L.A. might spare you the trouble of being denied last-minute on a rental, applying for next year’s school financial aid or landing the next big job.

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

Additional Resources:

Two More California Counties Will Use Tech To Expunge 54,000 Marijuana Convictions, April 1, 2019, By Kyle Jaeger, Marijuana Moment

More Blog Entries:

California Declares “War” on Illegal Marijuana Farmers, Retailers, April 3, 2019, Los Angeles Expungement Layer Blog

Los Angeles marijuana lawyers had seen many long-time operators on the California cannabis scene try to work their way into the newly-forged legal market to finally be legitimate, only to end up continuing to work the riskier – bit more lucrative – illicit market. This includes unlawful medical marijuana collectives, cannabis delivery services and cultivation farms that haven’t been properly vetted according to stringent state law.

Some of these individuals are focused on pursuing “OT” money, generated from “out-of-towners.” Of course, such sales are especially risky because, as our Los Angeles marijuana lawyers know, rules can vary from city to city and certainly from state-to-state and country-to country. Black market sales are playing with fire given the uncertainty of how federal authorities are going to handle future sales. Despite the Jan. 1st legalization of recreational use and sales in the Golden State, cannabis is considered an illegal crop from the top-down under the Controlled Substances Act, and as a Schedule I narcotic, it’s one of the most most heavily regulated – despite being one of the most commonly-cultivated and sold. And it’s going to be extremely difficult to move away from that given its history with illicit sales and use.

Earlier this year, Gov. Jerry Grown put forth a measure that would set aside an additional $14 million from the state budget to police illegal sales of marijuana in California. The idea was to give the state attorney general five teams that would focus on large-scale illegal marijuana operations with big financial and tax fraud schemes. However, it was ultimately tossed early in the summer when neither side could agree how they were going to pay for it.

Los Angeles marijuana lawyers have seen that six months since the city rolled out its own rules and became the largest legal marijuana market in the U.S., we’re still beset with unlawful marijuana sales and businesses. In fact, most agree it is the majority of the market.

Los Angeles Marijuana Lawyers Anticipated This Issue

This was not an unexpected problem. The primary reason for this issue is any would-be cannabis business in this community is beset by a host of daunting financial demands. These involve not just taxation, but the regulation for things like security and building code upgrades, product quality testing and, yes, attorneys’ fees to ensure compliance. (Though, we’d argue attorney’s fees are much more reasonable and cost efficient than coping with a criminal case.) They must pay for things like workers’ compensation and pesticide control. There are also additional regulations that must be sifted through that can vary from county-to-county, city-to-city. On top of that, there is a 15 percent excise tax plus a sales tax and certain local fees. Some say this encourages customers to look elsewhere for cheaper marijuana options (and Los Angeles marijuana businesses may go where margins are wider).

There was an effort in Sacramento that sought to lower the bar and make it easier for these unlawful operations to “get legal” by lowering the excise tax there to 11 percent, but it ultimately was put aside for the time being.

Our attorneys have read about some L.A. dispensaries trying to sidestep the issue of hefty taxation by operating an above-board store front on one end and selling black market stock for 40 percent less out of the back to help bolster their incomes. That is taking a huge risk, and those companies need to discuss their concerns with a dedicated marijuana attorney.

For some, it’s not even so much about the money as it is the disgust for cannabis corporatization, which rubs many of the industry founders the wrong way. As Los Angeles marijuana attorneys who have been invested and advising the L.A. cannabis industry since it was first forged, we certainly understand this. But what you do not want to do is toss caution to the wind and risk forever forfeiting your shot of operating fully above-board.

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’s Illegal Weed Industry Is Doing Better Than Ever, Sept. 6, 2018, By Hayley Fox, VICE News

More Blog Entries:

Los Angeles Logjam in Marijuana Business Licensing and Lawsuits, Nov. 10, 2018, Los Angeles Marijuana Lawyers Blog