This made good sense for several reasons:

• Most marijuana convictions were for non-violent, low-level offenses.
• Minorities and the economically disadvantaged were greatly disproportionately impacted by marijuana laws.
• To right the injustice of people now making good money (it’s a multi-billion dollar industry in California) for the same activity that previously sent others to prison.

But despite this and a 2018 law passed with the intention of speeding up the process for tens of thousands of Californians still stuck grappling with felony and misdemeanor marijuana convictions on their record, our Riverside marijuana lawyers know that the process has been slow-going. This fact was confirmed by a recent Los Angeles Times investigation.

It’s worth noting that the process was never going to be fully automatic. But at this point, there are still an estimated 34,000 people in the state with marijuana crimes on their record that haven’t been processed for the clean slate they deserve. There were twice that many before last August, which is when the Times started raising questions about why it was taking so long (presumably lighting a fire under officials to prioritize the effort).

It appears the primary bottleneck in the process that involves 58 prosecutors’ offices and the state Department of Justice is the courts. Some counties have been working with a fair amount of diligence to clear records for people in their communities. In total, 117,000 cases have been processed in California. Others, however, have been incredibly slow. For example, in San Bernardino and Riverside Counties, not a single case has been processed. Others, like Kern County, are only at 18 percent.

AB 1793 was supposed to help clear prior marijuana convictions en masse, allowing counties to bypass the need to take every case to court via individual petition. The goal was to deliver these rights to people without making them jump through a dozen hoops to obtain relief. But while most district attorneys complied with the deadline for submitting the estimated 192,000 eligible cases to the courts, the courts weren’t given a deadline to process them. That’s where most all of these cases are stuck – despite the fact that courts received nearly $17 million from the state to get the job done.

Officials with the courts pin the blame on COVID, staff shortages, case management systems that are outdated, and older records that necessitate manual reviews. But it’s not difficult to see delays as a continuing pattern of disparate justice for people of color. In San Berndardino County alone, some 5,400 cannabis convictions are pending. In San Bernardino, another 21,000.

A clean slate is more than simply a self-esteem issue. Criminal convictions for cannabis offenses – particularly at the felony level – can result in individuals being turned down for jobs, certain types of licensure, housing, higher education, and other opportunities. In at least a couple of cases, individuals were jailed and falsely accused of felonies because their marijuana convictions at the local or state level hadn’t been updated.

For those who still have outstanding criminal records, working with an experienced marijuana lawyer to petition the court to expedite the processing of your case may be advantageous for those who need their case to be cleared faster (usually for work, school, or housing).

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

Additional Resources:

California was supposed to clear cannabis convictions. Tens of thousands are still languishing, Jan. 13, 2022, By Kiera Feldman, The Los Angeles Times

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

place, it’s time to get your house in order with the help of a trusted legal team. The city attorney and Los Angeles Police Department have made clear their commitment to ending the unlicensed marijuana marketplace in the city and have already filed 36 criminal cases, according to High Times. Punishments could include fines up to $1,000 and even jail time. Other shops are receiving cease-and-desist letters, and officials hope this round of charges will show others that they mean business.

These raids did not come without warning. Earlier in the year, officials from California Bureau of Cannabis Control sent warning letters to several hundred businesses they knew to be operating without licenses and promised civil and criminal action should they continue operating illegally. This is all good news for licensed cannabis business owners who have had to face stiff competition from a vast unregulated network. Applying for licenses and remaining in compliance both cost time and money, so those businesses that cut corners have a distinct advantage over those playing by the rules. Cities and states had high hopes for revenue that would be generated after Proposition 64 went into effect and recreational marijuana became legal in the state. Excise taxes collected have not met quarterly estimates, however, with $34 million being collected in the first three months, shy of what is necessary for the state to meet it’s predicted $175 million in the first year. Many believe this is because there is not tax revenue coming in from the unlicensed businesses and that the retailers that are in compliance have to set prices higher and cannot compete. Leveling the playing field will be a positive step for licensed business owners.

However, our Los Angeles marijuana defense attorneys know it’s not so clear cut. Often times, businesses would like to be operating above board. But many of the limited licenses are being gobbled up by big conglomerates who have the resources and infrastructure to make large investments upfront. Other unlicensed operations are small businesses who simply cannot sustain with the flood of taxes being imposed on cannabis dispensaries, growers, and distributors. Still others used to be in compliance when only medical marijuana laws were in place but have not been able to obtain a license when the state switched over to the Medicinal and Adult-Use Cannabis Regulation and Safety Act. This law pooled all of the medical and recreational marijuana guidelines under one umbrella. Businesses who had been operating legally for years suddenly found themselves out in the cold if they could not obtain a new license right away. In order for the playing field to truly become level, there need to be some major adjustments with the process of establishing a business in the first place.

It’s one of the reasons our cannabis business attorneys work so hard to help cannabis operations apply for licenses, set sound business plans, offer advice on issues of compliance and provide consulting services as your business grows. With the help of an experienced legal team, businesses can clear some of the tricky obstacles of the marijuana retail business and set themselves up for success, while avoiding run-ins with local law enforcement in the future. Should you, however, find yourself on the wrong side of the law, our legal team also includes skilled criminal defense attorneys available to fight for you in court and help get you back on the right track. 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:

Report: Most CA Marijuana Businesses Unable to Get License or are Operating Illegally Without One, May 1, 2018, Medical Marijuana Inc. News

More Blog Entries:

Warning Letters Sent to Unlicensed Cannabis Businesses in California, Feb. 18, 2018, Cannabis Law Group

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

available to all adults on the infamous marijuana holiday of 4/20. While it is perfectly legal to enjoy the festivities, our experienced attorneys also know that Proposition 64 is not a free pass on all pot-related activities. Before imbibing in a safe and responsible way, keep in mind the laws remaining on the books per the CA Health and Safety Code, Division 10, Ch. 6, Article 2 could still result in criminal charges or civil citations.

The following is a list of a few major restrictions to keep in mind when enjoying the perks of recreational marijuana in California:

1. Public consumption: It is still generally illegal to ingest, smoke, or vaporize weed in a public place. There are some exceptions for state-licensed facilities with permission from local governments. Further, any non-smoking area is also off limits for smoking or vaporizing marijuana. It is also forbidden within 1,000 feet of a day care or school occupied by children (unless you are inside a private residence that falls within that perimeter).
2. Drugged driving: It should be a no-brainer that it is illegal to drive while under the influence of cannabis. As a recent article from The Sacramento Bee points out, taking one puff or consuming a small amount is not likely to cause impairment, much like a little alcohol is typically fine. However, it is more difficult to know where that line exists with marijuana. THC levels can vary widely, making it less clear what dose a person can consume without impairment. Marijuana can also set in slowly, meaning it could hit well after consumption, possibly while you’re on the road. This makes it difficult to judge simply by how you feel before you get in the car.Just like alcohol, drivers should be aware that open container laws also apply to cannabis. Open or unsealed containers of marijuana must be kept in the trunk, with the exception of those with a medical marijuana card. In those instances, cannabis can be in the main part of the vehicle, but still must be in a closed container. Our attorneys cannot emphasize enough, these laws also apply to passengers. The laws also apply to other motor vehicles, like boats and aircrafts.
3. Age restriction: You must be 21 years of age or older to consume cannabis recreationally. Period. The reasons for this restriction are not simply adults trying to ruin all the fun. Cannabis has been shown to potentially have a negative effect on developing brains, making young people who consume marijuana more susceptible to certain disorders.
4. Drug-free workplaces: Even if you have a super cool boss who doesn’t drug test and doesn’t mind if you use recreationally in your free time, chances are they do not approve of being under the influence while on the job. Don’t lose your career over something that can just as easily be enjoyed on your own time. And be extra cautious if you do not have a cool boss. California does not yet have in place protections for workers who test positive for cannabis, even though it’s legal in the state.

Our Los Angeles marijuana criminal defense lawyers first and foremost want everyone who is celebrating the “high holy day” to do so in a way that is safe. If you do find yourself in trouble, you need a skilled defense attorney like ours on your side who has the experience to provide strong representation for all marijuana-related criminal offenses.

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:

California Cannabis Laws, California NORML

More Blog Entries:

Los Angeles Marijuana Lawyers Available to Represent 4/20 Arrestees, April 24, 2013, Los Angeles Marijuana Lawyers Blog

, it is almost laughable how many misguided politicians and policymakers are still fighting against it. It is clear to our experienced cannabis attorneys that this conundrum is exactly why many good law-abiding citizens turn to dangerous knockoff substances that have weaseled their way into the market. They do not want to break the law or fail drug tests, but they want to enjoy the benefits of marijuana.

“Synthetic cannabinoids” have been around for years, marketed as legal marijuana knockoffs, when their relation to marijuana stops at their cheeky branding and colorful packaging. Reports are rolling in from Michigan and Illinois of people using K2 or “Spice” and ending up in emergency rooms with uncontrollable bleeding, according to a report from Michigan’s WILX10. A representative from the Michigan Department of Health and Human Services claimed in the Midwest, more than 100 have been hospitalized and two have died from this drug. Other forms of so-called artificial pot in the past have reportedly caused side effects such as hallucinations, seizures, heart-rate issues, and other serious medical problems. You might be wondering if these types of drugs have been around for years and are so dangerous, why do they continue to be on the market? Our knowledgeable L.A. marijuana criminal defense attorneys can explain that producers of these drugs are using a pretty typical tactic to evade the law. When a substance is made illegal, it is based on the exact formula that makes up the compound. So when lawmakers pass a law banning a substance, producers only have to amend the formula slightly enough that is no longer is affected by the law. They then can flood the market and make a fine profit before officials catch on and start the long process of banning this new iteration. This is why even though the first version of “synthetic marijuana” was designed to try to mirror the real deal, it has changed so much that it has absolutely nothing in common, though it continues to smear the good name of cannabis.

Meanwhile, marijuana continues to be treated like toxic sludge by our federal government, which has steadfastly stood by the drug’s Schedule I classification under Controlled Substances Act, 21 U.S.C. Section 812. Because marijuana is a natural substance, those in the cannabis industry can’t just scramble the formula to push it past legal barriers, nor would they want to. They know cannabis, when grown, cultivated, and used in a responsible way, is a safe and effective drug, regardless of what its classification status claims. It can be used not only for medical purposes, but also for adults to enjoy as an alternative with fewer side effects to other recreational substances, such as alcohol.

Although many states are establishing laws and fighting for the rights of marijuana users and businesses, people across the country are still being treated like criminals for choosing a drug that is eons safer than legal knockoffs. Even in California with both medical and recreational legal guidelines in place through Medicinal and Adult-Use Cannabis Regulation and Safety Act, there are still wide swaths of the state with tight restrictions in place, continuing to treat marijuana users like criminals. That’s why our skilled defense attorneys are here to defend you should you find yourself in marijuana-related legal trouble in the Los Angeles area.

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:

Drug Testing Misses Synthetic Cannabinoids: Expert, April 6, 2016, Celia Vimont, Partnership for Drug-Free Kids

More Blog Entries:

Synthetic Marijuana Poses Serious Danger, July 19, 2016, Cannabis Law Group

in California (and regulating and taxing), it offers a unique opportunity for the state to make reparations of sort to the people and communities who have suffered the most from the destructive “War on Drugs,” which turned out to be more of a slanderous attack on marijuana and an assault on minorities. According to ACLU, most drug arrests between 2001-2010 were for marijuana, and a whopping 88% of those were for possession. Worse yet, black people were more than 3 times as likely to be arrested for marijuana-related crimes than white people despite having almost equal rates of use.

San Francisco and San Diego are leading the way in the state toward making amends for past marijuana-related crimes. The city’s district attorneys are proactively reviewing cases on the books and expunging misdemeanors that are no longer crimes, giving those who previously have been punished a clean slate. They also are checking for charges that can be reduced to lesser crimes.

But what about the rest of the state?Statewide, those with previous convictions can petition to have their cases reviewed and charges erased or reduced. Many, such as the district attorney’s offices in Sonoma and Mendocino counties, have cited lack of resources as the reason that they don’t review all cases, according to an article from The Press Democrat.

While our experienced marijuana criminal defense lawyers in Los Angeles applaud any and all efforts to undo the overly aggressive enforcement of marijuana-related crimes, we also know that a petition system will leave many in the dust, unaware they are eligible for such relief or uninformed about how to apply. These people will lose out on the benefits a revised record can bring, including making it easier to secure work and housing.

Others agree. Legislation has been proposed that if passed would take the efforts in San Francisco and San Diego all over the state, automatically putting all relevant cases up for review. And while resources certainly could be an issue for some areas, there’s no reason more of the state taxes from marijuana sales could not be allocated for this important cause.

Meanwhile, our attorneys can help you assess if your old convictions are eligible for review. We also are here to fight for your rights if you are currently battling criminal charges. Our law firm includes skilled attorneys who focus solely on criminal cases to give you the strongest support possible for your case.

Besides reviewing criminal records, many regions are using resources to make amends in other ways. For example, Oakland and Los Angeles are setting up social equity programs, which offer aide to those applying for marijuana business licenses who have previous cannabis convictions. In addition, those related to someone with a previous conviction would see favor, in an attempt to lift up families. The programs would also favor low-income applicants, particularly those from areas whose economies were deeply effected by widespread cannabis-related arrests.

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:

Petitions Required in Sonoma and Mendocino Counties to Clear, Reduce Pot-Related Crimes, Feb. 10. 2018, By Julie Johnson, The Press Democrat

More Blog Entries:

Two California Cities Erasing Misdemeanor Marijuana Convictions, Feb. 9, 2018, Marijuana Criminal Defense Lawyers Blog

Some of the latest data to have emerged in recent weeks on marijuana arrests gives us a little hope, but also illustrates how much farther we have to go on this issue.

The first analysis was conducted by The Washington Post after receiving the latest FBI unified crime statistics from 2015. Reporters learned that the number of marijuana possession arrests last year – 575,000 – was the lowest its been since 1996. It also shows us a 7 percent year-over-year drop, and an approximately 35 percent dip since 2007, when pot possession arrests were at their peak of 800,000. Now, this would suggest that police are overall spending less time to marijuana enforcement, particularly with regard to other drugs. But then, we consider a joint report by the Human Rights Watch and the American Civil Liberties Union that shows the 575,000 marijuana arrests in 2015 for low-level personal use last year numbered 13.6 percent more than the 506,000 arrests made for all violent crimes that same year – including for murder, rape and serious assaults.

The joint report, titled, “Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States,” highlights the disparate treatment black Americans receive in the criminal justice system. This includes the disproportionate number who are sent to jail when they are unable to cover the cost of those court-imposed fines. They are also disproportionately stopped in traffic and even while riding bicycles.

The joint report also highlights the fact that our justice system coerces guilty pleas, even from innocent people. In 2009, more than 99 percent of those convicted for drug possession in the 75 biggest counties in the country pleaded guilty. Data obtained from Florida and Alabama shows that at least in two states, most drug possession defendants were poor enough to qualify for court-appointed counsel and yet, the average bail amount for these offenses was $39,900. For lower income defendants, bail that’s this high means they will stay in jail until their case is resolved. That creates a significant incentive to get it over with. This is especially true when prosecutors offer probation, relatively short sentences or “time served” in exchange for a guilty plea – something that starts to look very attractive when the alternative is to stay in jail to fight a conviction. Then you also take into consideration the so-called “trial penalty.” That is, the plea deal may involve a short stint behind bars, while a conviction upon trial may result in decades behind bars.

So even as marijuana arrests for possession are the lowest they have been in years, it still works out to an arrest every single minute.

A widely-cited report in 2013 by the ACLU revealed that taxpayers paid $3.6 billion in marijuana possession enforcement every year. The study also indicated that while white Americans and black Americans use the drug at the same rates, black users were four times more likely to be arrested.

If you have been arrested, there are a myriad of pre-trial defenses that should be explored to minimize your risk of conviction.

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

Additional Resources:

Marijuana arrests fall to lowest level since 1996, Sept. 26, 2016, By Christopher Ingraham, The Washington Post

More Blog Entries:

Report: California Arrested 500k People in 10 Years for Marijuana, Sept. 5, 2016, Los Angeles Marijuana Arrest Lawyer Blog