Los Angeles marijuana criminal defense lawyers understand it comes down to the way marijuana trafficking investigations are so often initiated around the country: The ever-objective nose test.

To be fair, cannabis does have its own distinct olfactory properties. As many defense attorneys will tell you in states where the drug is still either banned entirely or restricted to card-carrying medical users, a sizable percentage of marijuana arrests begin with a traffic stop, detection of that aroma and a warrantless vehicle search. (These searches often yield items unrelated, such as other narcotics, firearms, etc.)

Historically, it’s been difficult for marijuana defense lawyers to dispute an officer’s sense of smell, especially where marijuana was indeed later found.

But now, virtually all arrests stemming from that common scenario are going to be called into question, if a memo from one state attorney is correct.

State Attorney: No More Sniff-and-Search Arrests, Prosecutions

On July 1st, Florida law (which two years ago legalized medicinal marijuana) officially caught up with provisions of the 2018 U.S. Farm Bill requiring all states to adjust their statutes to align with the decriminalization of industrial hemp and low-THC CBD products (those containing less than 0.3 percent of the psychoactive THC). Outside of doctor-recommended use, the drug is still illegal under state law. Even in jurisdictions where it has been largely decriminalized, the smell of it still served as grounds for probable cause for conducting a vehicle search without a warrant.

The problem now? Marijuana smells just like hemp – which is fully legal. That unique odor is present not just in the leaves of both plants but also oils, edibles and other processed consumer goods.

Per the state prosecutor’s memo, the state “will no longer be able to prosecute any marijuana or THC oil cases without a test from an accredited lab indicating that the THC content is over 0.3 percent.”

A news article published by The Palm Beach Post characterized this directive as “devastating” to local marijuana trafficking cases.

In fact, the the sheriff of that county, which does have an accredited drug testing lab, instructed deputies to halt all marijuana drug arrests – at least until laboratory processes are established to make clear distinctions between marijuana and hemp. (At this time, they are not equipped to identify only the tiniest traces of THC, only whether its positive or negative presence.)

Even those narcotic-sniffing K-9 dogs? They’ll still be of use in other cases, including those involving other drugs. But where their noses detect pot? It’s pointless.

Furthermore, law enforcement officers were instructed to cease probable cause searches/arrests predicated on suspected cannabis-related offenses.

Public defenders across the state have begun the process of mass-filing motions to dismiss pending drug charges that fit this bill.

Does This Mean Anything for Californians?

Not exactly, though it’s worth noting if you plan to travel to South Florida anytime soon. Unlike Florida, California and half a dozen other states have legalized marijuana not just for medicinal but recreational use. By state law, possession of up to one ounce of cannabis is legal. When marijuana was first legalized in California, police associations throughout the state went through similar growing pains. As noted in a memo published by the California Police Officers Association, penned by a special investigations narcotics detective in Sacramento County, 11362.1 (c) of the Health and Safety Code makes it clear that all cannabis and related products that are lawful under state law are no longer considered the subject of valid search and seizure constituting the basis for detaining, searching or arresting someone. “The verbiage now dramatically effects the way we investigate marijuana crimes,” the detective wrote. Bottom line: If someone is at least 21 and in legal possession of marijuana as outlined in Proposition 64, the basis of a probable cause/search is no longer applicable. However, law enforcement can still technically make an arrest for marijuana possession – if a person isn’t just a recreational pot user or licensed business owner. That requires some reasonable suspicion/probable cause that the individual is growing/producing/selling/transporting/possessing marijuana outside the scope of Prop. 64. That, the officer noted, is no longer achieved with a simple smell test. 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:

With new hemp law, ‘sniff and search’ goes up in smoke, July 12, 2019, John Pacenti, The Palm Beach Post

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