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

Recently, the Los Angeles County Sheriff’s Department announced it raided a Canyon County strip mall, search warrant in hand, following an investigation sparked by a tip from a local citizen. At the site, investigators reportedly discovered an “elaborate” indoor marijuana cultivation system in several of the units. They also found an undetermined amount of money, plus nearly 2,500 plants in various stages of growth. There was also an additional 200 pounds of the finished product (in the form of dried marijuana buds) seized, as well as an estimated 50 pounds of edible, THC-infused products, such as suckers and cookies. Expensive air filtration systems were reportedly designed to help keep the odor from getting outside.

Although three men were detained at the scene, two were released. A third, a 28-year-old man from Los Angeles, was arrested for possession of marijuana for sales. The combined value of the plants is estimated to be approximately $6.2 million, while the combined value of the dried buds and edible products was approximately $500,000.

Recent data from the Federal Bureau of Investigation reveals that authorities made 643,000 marijuana arrests last year. That’s the lowest in two decades, but it still works out to one marijuana arrest every 49 seconds. The vast majority of these cases – 9 in 10 – do NOT involve elaborate grow operations like this one. Most are for mere possession offenses.

In 2011, California lawmakers decriminalized possessing tiny amounts of the drug to a minor infraction, on par with a parking citation. However, a recent study by the Drug Policy Alliance (an organization that is favorable to liberalization of marijuana laws) reveals, “It’s not legal yet.” California law enforcement agencies arrested some 500,000 people for marijuana possession between 2006 and 2015.

The report cited data from the state department of justice, which indicated that while misdemeanor marijuana arrests had fallen since the 2011 law change, thousands of people were still being arrested on misdemeanor marijuana charges every year in California – and felony marijuana arrests were up by thousands annually. Our L.A. marijuana defense lawyers know most of the misdemeanor marijuana arrests that are still being made regularly include:

• Possessing marijuana concentrates;
• Keeping quantities of marijuana greater than one ounce;
• Giving marijuana away to others.

The report additionally shows that black Californians were twice as likely to be arrested for misdemeanor marijuana offenses than their white counterparts. What’s more, they were five times more likely to be arrested for marijuana-related felonies. This is despite the fact that numerous studies have shown whites use and possess the drug at the same rates as their minority counterparts.

Proposition 64, the ballot measure that would allow for legalized recreational marijuana, would make both possession of concentrates as well as distributing small amounts of pot totally legal. Additionally, Californians would be able to grow up to six marijuana plants at home. Sales of these plants would be legalized and taxed in a way similar to how Colorado has structured it.

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

Additional Resources:

LASD Marijuana Task Force Seizes $6.2+ Million Worth of Marijuana Plants, Product, Cookies – Canyon Country, Oct. 19, 2016, LASD

More Blog Entries:

California Marijuana Company Prevails After Police Raid, July 12, 2016, L.A. Marijuana Defense Attorney Blog

The case, U.S. v. McIntosh, is a consolidated appeal involving 10 different cases of interlocutory appeals and petitions for writs of mandamus that arose from three district courts in two states (California and Washington). All defendants in these cases were facing federal charges for violation of the Controlled Substances Act. Each sought dismissal of their indictments or else alternatively to enjoin their cases on a Congressional appropriations rider that would bar the Department of Justice from spending taxpayer money to prevent states from implementing their medical marijuana laws. You may recall that in the last two years, Congress prohibited the federal government from spending money in a way that would block or thwart state medical marijuana laws.

It was the position of federal prosecutors that this ban didn’t undercut their right to go after those who cultivate and distribute the drug under federal law – even in states where marijuana was legal. But now, the 9th Circuit has clearly issued a response to that, which is a resounding: No.

Of course, it doesn’t mean these defendants are entirely off-the-hook because the judicial panel did not outright dismiss the cases. What it did was remand the cases back to the lower courts with the order to give defendants a chance to prove their actions were in line with state law.

Now this ruling only affects those cases that have been filed in the Western states and territories that are covered by the 9th Circuit. However, it is likely that other circuits are going to take note of this ruling, and it’s probable they will follow suit, if and when they are faced with the same issue.

Justices also noted that the law remains subject to change by Congress, which could decide to appropriate funds for such prosecutions – potentially immediately. On the other hand, wrote Judge Diarmuid F. O’Scannlain, the temporary lack of funding might become a permanent lack of funds for these actions if Congress keeps this rider in the upcoming appropriations bills.

If prosecutors choose to appeal – and they haven’t said they will – they could do so before a larger panel of the 9th Circuit, or else before the U.S. Supreme Court. L.A. marijuana attorneys have said they hope this marks the beginning of the end for federal prosecutions of medical marijuana operators, cultivators and patients who are following state guidelines.

In a recent high-profile case, federal prosecutors did choose to drop a civil forfeiture action against one of the biggest medical marijuana dispensaries in the country. However, the Department of Justice has continued to fight hard to be allowed to press forward with its criminal prosecutions.

One of the cases involved in the review involves five defendants from Los Angeles County accused of operating four marijuana dispensaries and growing plants at indoor grow facilities in both Los Angeles and San Francisco. In another case, four defendants were accused of marijuana manufacturing after authorities said they discovered 30,000 plants on 60 acres of land in Fresno County.

This is not to say prosecutors aren’t allowed to continue with these prosecutions. Rather, they aren’t being given the funds to do so.

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

Additional Resources:

Feds can’t spend money to prosecute people who comply with state medical pot laws, court rules, Aug. 16, 2016, By Maura Dolan, Los Angeles Times

More Blog Entries:

Police: Tainted “Candy” That Sickened 19 at Party Likely Marijuana, Aug. 12, 2016, L.A. Marijuana Lawyer Blog

The company, Care By Design, is back in business, making its cannabis oil-infused products. Police likely didn’t expect the backlash when they raided the facility, which is run by a prominent, well-connected professional.

Authorities initially arrested Operator Dennis Hunter on charges of spearheading a meth lab-type operation. His bail was set at an eye-popping $5 million. The next day, hundreds of people gathered in front of the Sonoma County courthouse to protest the arrest. Local officials were hounded with a letter-writing campaign. A long-time, respected politician stepped in with his support. City officials then began weighing in.

Soon after, the district attorney in Sonoma County released a statement saying that she supported lawful medical cannabis production, and she was looking carefully at whether any laws were violated that endangered the environment or public safety. Forty-eight hours later, Hunter was released.

Our L.A. marijuana arrest lawyers know that in the end, this essentially wound up being a code enforcement action that involved 100 police officers. The dispensary agreed to make a number of adjustments to the operation in order to ensure compliance with industrial codes.

This incident is also indicative of the shift not just in public attitudes regarding marijuana, but also in the attitudes of prosecutors. State and federal attorneys were often eager to pursue large-scale cannabis operations for any possible offense they could find. This is not to say the risk is entirely eliminated; after all, marijuana remains a Schedule I narcotic, illegal under federal law, and this prosecutor only took the position she did after a public outpouring of support for the defendant.

Of course, laws shouldn’t be enforced according to who you know or how good your lawyer is, but sometimes, that’s the unfortunate reality of it, as we saw here. Maybe the charges against Hunter would have been ultimately dropped anyway, but the swiftness with which it happened speaks to the power of public opinion.

Care By Design released a statement saying it was working closely with investigators to resolve whatever code violations had been identified and to resume operations with full transparency. The statement noted that for some CBD patients, access to their products is “truly a matter of life or death.”

The raid had been led by the Santa Rosa Police Department, which seized financial paperwork, computers and thousands in cash before arresting the owner.

The company has been in business for years, and services tens of thousands of patients across California. It operates in a large commercial facility – for which it apparently did not have a proper permit – and extracts cannabis oil from raw plants using a process that involves pressured carbon dioxide.

Initially, Hunter’s bail was set at $5 million, reportedly because he once fled from police and was on the lam for four years, ending in 2002. That case, in which he was accused of growing 12,000 marijuana plants in Humboldt County, ended in a federal prison sentence. He opened CBD after his release. Now, it appears he is free to continue operating.

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 Company Beats Police Raid, June 20, 2016, By David Downs, SFGATE.com

More Blog Entries:

Marijuana Possession Arrests Up in NYC, Despite Decriminalization, June 14, 2016, Los Angeles Marijuana Lawyer Blog