Existing statute classifies marijuana as a schedule I narcotic, dangerously addictive like heroin and with no medicinal value. This classification is clearly arcane, but it doesn’t negate the fact that people can still face substantial criminal penalties for federal cannabis violations. Unless and until marijuana is legalized at the federal level, it is imperative to take these seriously and work with a long-time cannabis criminal defense lawyer.

Consider the case of a 26-year-old Maryland man who has been jailed in a maximum security federal prison for close to a year, awaiting trial on federal marijuana conspiracy charge, which is something of a gray area of the law as state laws grow more lenient. He and nearly a dozen others are accused of transporting more than 1,000 kilograms of cannabis from California to Maryland over the course of two years. If convicted, he faces a maximum sentence of 15 years.

According to Insider, his story started out similar to many California cannabis entrepreneurs, but it was the alleged sales across state lines that found him on the wrong side of the law. A high school dropout, he was reportedly just looking for a way to make a living. After moving to California several years ago, he joined the legal marijuana cultivation industry. According to his criminal defense lawyer, he was trying to launch a marijuana company in the golden state, where he was growing cannabis. He knew some of the others indicted with him, but not all of them. When he learned of the charges, he fled to Guatemala, though he ultimately returned and was taken in by federal agents to face the pending charges.

While 35 states allow medicinal marijuana and 15 – plus Washington, D.C., – allow it for adult recreational use, failure to deschedule the drug at the federal level has led to cases like this: Individuals who are facing stark prison sentences for the very same actions through which others are profiting by the billions. Although most cannabis-related charges stem from state-level violations, penalties for federal violations are often much stiffer. A 15-year sentence is harsher than what some face or receive for rape or murder. This is part of the reason it’s imperative to continue fighting for federal descheduling.

The defendant’s attorney had tried to argue the prosecution was unconstitutional on the basis his client was denied equal rights under the law, but the motion was denied. This is despite the fact that a marijuana business lawyer could be on the phone one minute with a client facing felony criminal charges for marijuana sales, and the next with a different client preparing to invest millions expanding their cannabis corporation. We’re talking about virtually the same actions, yet with two staunchly different outcomes.

Although the defendant in this case is White, we’re also aware of the fact that prisons are full of Black and Brown Americans facing state-level charges for marijuana possession. Minorities account for approximately half of those arrested for violation of marijuana laws, despite being less than a third of the total population. Those with low incomes also tend to be hit hard.

Regulations are one thing. As cannabis attorneys, we fully recognize the necessity of setting and abiding certain rules and protocols with regard to cannabis cultivation, sales and usage. However, a person who fails to abide all the rules to the letter when trying to launch a business shouldn’t be facing a 15-year prison sentence. A permit violation instead seems more appropriate.

Most Americans seem to agree. The majority support:

• Expunging records for those who have already served time for possession or sales of marijuana.
• Legalization of marijuana in some form (91 percent).
• Legalization for both recreational and medicinal use (60 percent).

There is some recognition of this fact in policy changes. For example, there are increasingly policies that block previous offenders from the burgeoning bud industry and instead open the doors to them.

If you are accused of violating state or federal marijuana laws, our Los Angeles cannabis criminal defense lawyers can help.

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

Additional Resources:

A 26-year-old who wanted to join the legal cannabis industry now sits in prison. Drug policy experts say he’s caught in a ‘gray area’ only federal legalization can clear up. June 4, 2021, By Haven Orecchio-Egresitz, Insider.com

cannabis convictions. In San Francisco, for example, Code for America is assisting the District Attorney’s office in identifying people eligible to have their marijuana arrest records cleared, according to a report by Fast Company. The organization created an algorithm that could scan old case files for qualifying criteria. The system then takes it a step further by filling out the necessary paperwork, as well.

This is a huge victory for communities hit hardest by the politically motivated and often misguided “War on Drugs.” Minority communities and neighborhoods have historically been targeted the hardest when it came to convicting for marijuana use, while similar crimes in predominantly white communities were largely ignored. This has left a trail of destruction for predominantly black areas, with families broken apart by loved ones serving jail time and futures being damaged. It is more difficult for those with convictions on their records to find good work and obtain housing, meaning that even once people have fulfilled their punishment, they can be haunted by their records years later.Now that both medical and recreational cannabis are legal in California, it is wildly unfair that anyone should have their reputation continue to be maligned for activity that people can now engage in legally and openly in the eyes of the state. Legislators agreed, which is why Proposition 64 built into it initiatives to allow those with certain types of misdemeanor cannabis convictions to petition to have their records cleared. Others with higher levels of marijuana-related crimes can request to have the charges reduced.

The petition system was an excellent first step, but there is the potential for people to still fall through the cracks. There are people who might not be fully aware of their rights, who might not understand the process by which they can clear their names, or who simply don’t have the time or resources to research the proper steps they need to take. That’s why prosecutors in several areas, including the counties of San Francisco, San Diego, Santa Clara, and Alameda, are automatically reviewing more than 10,000 cannabis-related cases and carrying out dismissals or sentence reductions where applicable. Many cities cited a lack of resources for such a process as why they have continued to rely on those with convictions to advocate for themselves. The new algorithm being used by San Francisco really changes the game, though, making it possible to more easily scan through thousands of records without extensive manpower. City prosecutors have tested the tool and plan to start using it, as well as sharing it with other district attorneys throughout California.

Our Los Angeles marijuana arrest lawyers know this is a monumental step for those who have suffered from marijuana convictions and have been the victim of old school philosophies. Our law firm is here to help anyone who needs further assistance understanding how new laws affect their past cannabis criminal records, and we are here to help you should you find yourself with current marijuana-related charges against you. Our team has the experience and deep understanding of the ever-evolving laws that can help you and your case.

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:

Some Prosecutors Are Erasing Old Weed Convictions. Why Isn’t Yours?, May 2, 2018, By Matt Ferner, Huffington Post

More Blog Entries:

Seeking Relief for Those with Marijuana Criminal Records, Feb. 15, 2018, Los Angeles Marijuana Lawyers Blog

Since then, standards have relaxed considerably, particularly locally at the Los Angeles International Airport. However, it’s not necessarily the same at your destination spot, so it’s important to be informed about your rights and responsibilities.

Current policy for marijuana at LAX essentially follows California state law, according to a report from Los Angeles Times. If an adult passenger has less than an ounce on hand, airport police allow them through security. This is true even if the person is headed to a location where marijuana is illegal. Transportation Security Administration agents have bigger fish to fry, so they leave dealing with issues like nominal amounts of cannabis up to local airport law enforcement, who have mostly been passive.

Los Angeles Councilperson Mitch Englander would like to give more consideration to federal law by encouraging passengers to surrender their cannabis before going through security. He proposes adding an “amnesty box” at the airport, where marijuana can be deposited before a flight – no questions asked, no penalties.As our Los Angeles marijuana criminal defense defense lawyers can explain, Englander’s primary concern is marijuana’s classification as a Schedule I narcotic according to the Controlled Substances Act, 21 U.S.C. Section 812. A Schedule I classification means the federal government has determined cannabis has no medical benefit, is harmful and addictive. But 29 states and a growing mountain of evidence has concluded otherwise. Those states have passed laws that oppose the federal classification by legalizing medical marijuana. Eights of those, including California, approved recreational use of marijuana.

However, transportation of cannabis across state lines is still against the law – even if it’s legal in your destination state. It is also illegal to have as a carry-on or in luggage since an airplane falls under federal rule.

Some airports in states where cannabis is legal have banned marijuana to remain consistent with federal law. McCarran International Airport in Las Vegas, for example, has amnesty boxes for travelers to rid themselves of their stash before boarding a flight. Police request and confiscate marijuana directly from passengers at Denver International Airport without amnesty boxes, but no one is punished for having it on the premises.

It seems unnecessary, however, to take such measures when Los Angeles airport police seem disinterested in enforcing any laws beyond those in the immediate vicinity. In fact, security officials at LAX seem more concerned about larger security risks. Lockers and receptacles, similar to the amnesty boxes, were removed from the airport after the Sept. 11 attacks, as they were an easy place to potentially hide explosives. Furthermore, using our valuable security resources to monitor something that poses no immediate threat is a waste, especially when there are more serious issues they must attend to.

We hope to see law enforcement continue to focus on criminals who pose a danger to society and others. For Los Angeles residents who do find themselves in trouble for a marijuana-related offense, our attorneys are on the ready to help defend 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:

Legal Marijuana Ends at Airport Security, Even if It’s Rarely Stopped, April 10, 2017, By Julie Weed, New York Times

More Blog Entries:

Report: Oregon Airport Allows Carry-On Cannabis, July 22, 2015, Cannabis Law Group

However, despite the growing wave of support behind the legalization movement, there are some who oppose medical cannabis or recreational use of cannabis. Some of these opponents have formed their own political action groups to work to challenge state bills and direct voter action campaigns. According to a recent news article from the Los Angeles Times, one of these groups may be facing trouble related to alleged campaign finance violations.This particular group was founded on a national level and, as part of their efforts, worked to oppose Proposition 64, which is the voter ballot initiative that successfully legalized the recreational use of marijuana under California state law.

The group ran into problems when the California Fair Political Practices Commission determined that the group was allegedly in violation of campaign finance laws. Specifically, the agency found this group had not properly named an activist from Pennsylvania who had contributed nearly $1.4 million to oppose the legalization of marijuana in California. As our Los Angeles cannabis industry lawyers can explain, in the interest of transparency, groups for or against the legalization of marijuana cannot hide the names of large donors such as this in most situations.

As a result of these alleged violations, the agency has proposed this marijuana legalization opposition group be fined $6,000 for campaign finance violations, and the group has allegedly agreed to pay those fines. This particular group, which considers itself an anti-legislation group, was founded by a former member of the Obama administration who had the job of advising the administration on drug policy. In addition to allegations that the group did not disclose the name of this large donor, there were also fines paid that were issued on allegations that the group did not list all donations by this donor in a timely fashion, as required by law, and did not properly account for all donations.

The agency is also looking into anther so-called anti-legislation group that was fighting the legalization of marijuana for recreational use in California. Obviously, we know that despite their well-funded efforts, legalization of marijuana for recreational use in California did pass at the polls through Proposition 64. As for this other group under investigation, it was discovered that the group that has already accepted its fines was the parent organization for this new group. In this case, there are allegations that the subsidiary organization did not report the names of special interest donors that contributed over $50,000 to the group. In any campaign advertising, it is necessary to make such disclosures.

However, it is important to note that unlike its parent organization, subsidiary has not accepted any liability for these alleged violations and has not agreed to pay any fines as of this time this article was published.

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

Additional Resources: Anti-pot group faces campaign finance violations from its work opposing marijuana legalization in California, April 10, 2017, By Patrick McGreevy, Los Angeles Times

More Blog Entries: White House Will Step Up Federal Marijuana Enforcement, Feb. 27, 2017, Marijuana Attorney Blog

In one case, there was an expansion of the exception to a long-standing rule that unlawfully-gathered evidence had to be discarded. In the second ruling, the court held that those who deal drugs – even those who only selling locally to their neighbors – were in effect a part of some larger interstate commerce.

As Phillip Smith of StopTheDrugWar.org pointed out, these two decisions:

• Widen local police’s ability to sidestep the law without accountability;
• Give prosecutors the muscle of the federal government to crush small-time, low-level drug dealers and other criminals.

The high court has long deferred to the position of law enforcement officers. But this is often done to the detriment of the public at-large.

Let’s look at each case individually.

First up is Utah v. Strieff, in which a detective investigating possible drug sales at a private residence stopped defendant absent reasonable cause as soon as he stepped outside his home. During this encounter, the officer discovered defendant had an outstanding traffic warrant. At that point, officer arrested defendant and searched him. In the course of that search discovered meth and paraphernalia, for which defendant was charged.

Defendant sought a motion to suppress evidence of the items discovered in the search because it was the result of an investigatory stop that was unlawful. At both the trial and the appellate court, he lost. However, his conviction was overturned by the state high court, which determined the “attentuation doctrine” – which is an exception to the exclusionary rule – was not applicable. However, the U.S. Supreme Court did not agree and reversed.

The attenuation doctrine, for those not familiar, is the principle that evidence unlawfully obtained can be used even if it is the result of a search that is affected by an unlawful initial detention if there is a circumstance that is intervening. The U.S. Supreme Court in a 5-3 decision determined the police misconduct was basically not severe enough to suppress the evidence. But of course, that’s pure speculation, and one that or Los Angeles marijuana lawyers believe takes a rosy view of law enforcement.

The second case, Taylor v. U.S., the high court ruled that federal prosecutors can use federal law to pursue those who commit robbery against drug dealers – even when the dealers are only peddling marijuana that is locally grown and there is no evidence the sales were occurring across state lines.

That decision, which was reached 7-1, was the latest in a string of cases that has ruled in favor of the federal government’s use of the interstate commerce clause in drug cases. Another was the 2005 case of Gonzales v. Raich, in which the high court upheld the right of the federal government to take action against those who grow and sell marijuana, even in states where doing so is legal.

In Taylor, defendant as part of a gang that targeted marijuana cultivators and dealers for robbery. The majority ruled he could be charged federally per the Hobbs Act. The sole dissenting Justice Clarence Thomas ruled the use of the commerce clause in these cases granted too much power to the federal government.

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

Additional Resources:

Supreme Court Opens Door for More Lawless Police Searches, June 20, 2016, By Phillip Smith, The Daily Chronic

More Blog Entries:

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