combined to reach a new fever pitch, with border patrol reportedly enforcing wildly audacious rules and ruining lives in the process. U.S. border guards have allegedly started turning away Canadian citizens entering the U.S. if it is revealed that they work in the cannabis industry, regardless of whether or not they are in compliance with Canada’s laws or even if their business deals directly with the drug or not, according to The Vancouver Star. Involvement in the cannabis industry means you are profiting from illicit drug trading, in the eyes of U.S. border patrol, an offense that can get you banned from entering the U.S. for life. Once you’re on the list, you never fall off, and admittance into the country would require the help of an immigration attorney and special temporary waivers. Even admitting to ever using cannabis has reportedly led to Canadians being turned away at the border.

Americans, too, are facing problems at the border. Some are crossing into Canada to take advantage of their legalized medical marijuana and will soon be flocking there to experience federally legalized recreational marijuana, beginning Oct. 17. If they attempt to bring any marijuana with them back into the U.S., however, they could be facing charges for possession or drug smuggling along with fines and/or jail time.

As our cannabis criminal defense attorneys in Los Angeles can explain, many are confused by the way the current marijuana laws work. If they legally purchased marijuana in Canada and they are crossing into a state, like Washington, where cannabis is legal for medical and recreational use, why then would they be in trouble at the border? Even more confounding, why would a Canadian who has never used marijuana a day in his or her life, but whose company creates products that are used by cannabis businesses, be banned from the U.S. for life?

For the answer, one needs to look no further than Attorney General Jeff Sessions and his militant and radical stance on marijuana. He has made it no secret that he is a believer in anti-marijuana propaganda and will use the extent of his power in the Justice Department to enforce the federal ban under Controlled Substances Act, 21 U.S.C. Section 812. His plans have been thwarted in many ways, with more states legalizing cannabis for medical and recreational use. Congress, too, has passed measures to protect those states, including the Rohrabacher-Blumenauer Amendment, an add-on to the federal budget preventing DOJ from using funds to prosecute medical marijuana operations in states where it is legal. Instead of getting with the times, looking at the undeniable mountain of evidence in favor of marijuana legalization, and re-examining federal law, Sessions has chosen to double down on enforcement anywhere he still has power. This, unfortunately, has included border security, and many Canadians and Americans are paying the price.

Our legal team stands by the millions of Americans who find the hostile anti-cannabis agenda of the Justice Department and border patrol to be out of line. The entire country is trending toward a better understanding of cannabis and its benefits. We know the War on Drugs and the aggressive targeting of marijuana users has done nothing but hurt our country. It’s time this administration catch up with the rest of us before any more lives are destroyed.

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:

When Marijuana is Legal in Canada, Americans are Expected to Flock, But the Border, and U.S. Law, Stands in the Way, July 11, 2018, By Lornet Turnbull and Katie Zezima, Washington Post

More Blog Entries:

Report: Legal Medical Pot User in Canada Denied U.S. Access for Life, Sept. 25, 2016, Cannabis Law Group

of the trailblazing marijuana business owners in the state isn’t even necessarily enough. Just ask the woman who opened Ventura County’s first legal medical marijuana dispensary. She has spent the last year and a half facing down charges for perjury, possessing and transporting marijuana, and maintaining a place to sell the drug. These charges, however, were recently dropped, freeing her to focus on her business at last.

The woman is also president of a collective in Ojai, Calif. The property of the collective and her own home in Ventura were raided in November 2016, just before Proposition 64 passed on the ballot. She lost many personal possessions in addition to property of the collective. At the time, the collective was operating under the guidelines of Compassionate Use Act of 1996, which regulated use and sales of medical marijuana in the state, but investigators said she was in violation of those rules, according to a Ventura County Star article.As our Los Angeles marijuana criminal defense attorneys can explain, collectives are allowed to grow limited amounts of marijuana and share among members of the group, including deliveries to those members. They could not share outside the group, and they should only charge as much as necessary to cover the costs of growing marijuana, but not enough to turn a profit. Any suspicion of violating these rules could draw the attention of officials, as in the case at hand. The collective president said she aimed for compliance at all times and alleged she made every effort to work with county and city officials. She even alleged she met with one official just a couple months before the raid, who responded to her questions by brushing off her concerns until November, pointing to the Prop 64 vote and the ways it could change how matters are handled. This made it more surprising for her when she was raided before the vote.

Charges were dropped, however, because prosecutors could not prove their case beyond reasonable doubt. She never let the case drag her down too much. About a year after the raid, while still waiting for her fate, was when she opened the first medical cannabis dispensary in the county.

No doubt this business owner is relieved to be moving on with her life. But situations like this are where the guidance of skilled marijuana attorneys can really make all the difference. Our law firm offers consultations for medical marijuana collectives, offering advice on how to become established in a way that remains in compliance with state and local laws. Instead of trying to interpret the law on your own, our experienced team will explain all the laws that apply to your current situation and location. There is no need to attempt to understand the motives of local officials who might not have your best interest at heart. Instead, rely on a tested legal team to set your course for success. Remember, though, if things do go south, our criminal defense lawyers will be there to protect your rights and build the best case possible.

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:

420 Warrior Of The Month: Chelsea Sutula, May 30, 2018, By Teddy Edwards, 420 Magazine

More Blog Entries:

California Authorities Caught on Hidden Camera During Cannabis Collective Raid, June 30, 2015, Cannabis Law Group

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