rain on the parade. And while some hope to just wait out the storm, others are taking the matter into their own hands.

Berkeley City Council is putting its city and citizens first by becoming a sanctuary city for adult-use marijuana, according to CNN. The council passed a resolution recently that would prevent local agencies from using city funds to enforce federal marijuana laws. That means if federal agents try to come down on anyone in the city, they can do so within the boundaries of their own authority, but not with the assistance of the city or its employees. No financial assistance. No help from employees. No access to information.

The city is taking it a step further as well by actively fight against any steps by Drug Enforcement Administration to close down recreational marijuana businesses in the city.

Our marijuana legalization attorneys in Orange County are proud to be in a state that has always led the way on cannabis protections. California was the first state to legalize medical marijuana under Compassionate Use Act of 1996. And through Prop 64, it joins a select group of states in blazing a trail for adult-use marijuana across the nation. But shortly after recreational marijuana was legalized in the state Jan. 1, Attorney General Jeff sessions reignited his anti-pot agenda and began rolling back protections, namely the Cole Memo, a directive that ordered federal prosecutors to lay off prosecuting marijuana offenses in states where the activity in question is legal.

Law-abiding Californians are tired of having marijuana’s status as a Schedule I narcotic under Controlled Substances Act, 21 U.S.C. Section 812 held over their heads. The countless marijuana patients over the past two decades know first-hand the medical benefits of the drug, despite the claim it has “no currently accepted medical use,” if its Schedule I classification is to be believed. And to think of it as being in the same category as ecstasy, heroin and LSD would be laughable if it wasn’t so infuriating. Likewise, those who enjoy cannabis for recreational purposes know it doesn’t hold the addictive power of these other drugs nor does it come with comparable health risks.

Berkeley’s mayor pushed for the measure, which he believes is the first of its kind in the country. The move isn’t totally unique, though. Berkeley had already established itself as a safe harbor for medical marijuana a decade ago to protect providers and patients in the city.

Our legal team applauds any and all efforts to protect Californians from the misguided, aggressive, and outright dangerous agenda of the current Department of Justice. It’s why we have dedicated ourselves to providing legal assistance to the innumerable people who have positively benefited from marijuana: whether as a patient, a business owner, a responsible adult user, or all the Californians who will reap the benefits of increased tax revenues helping the state. Our highly skilled team is here to offer business advice, defend you against marijuana-related criminal charges, or assist you in civil disputes.

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:

Berkeley Declares Itself a Sanctuary City for Recreational Pot, Feb. 14, 2018, By Madison Park, CNN

More Blog Entries:

Sessions Rolls Back Directive Protecting State Marijuana Laws, Jan. 25, 2018, By Marijuana Legalization Lawyers Blog

business entrepreneurs.

Many in California have been in the marijuana industry for years on the medical side of things. California was the first state to legalize medical marijuana with the Compassionate Use Act of 1996, also known as Proposition 215.

Still, with the passing of Proposition 64, allowing adult use of recreational marijuana Jan. 1, and its steady rollout in areas of California, many new businesses have been eager to join the marketplace. Sometimes too eager.In Ventura County, two men were recently arrested on allegations of running an illegal marijuana dispensary. Marijuana was allegedly being peddled out of a smoke shop in Port Hueneme owned by one of the suspects. Police claim a nearby post-traumatic stress counseling facility was being used for storage.

According to city police, eight pounds of marijuana and $2,000 were confiscated from the premises.

In an ironic twist of fate, just 10 days after the arrests, the Port Hueneme City Council passed an ordinance that would make it legal to operate medical and recreational marijuana dispensaries in the city.

Cities in California have the right to determine whether they will participate in statewide legalization efforts, with some like Port Hueneme joining later than others. This has caused confusion and a restlessness among some marijuana business owners who are sometimes willing to take great risks to join in the burgeoning marketplace, regardless of local laws.

The ordinance in Port Hueneme of course would not have made any dispensary immediately legal, so it would not have been helpful to the suspects in this case. It still would be mandatory to obtain the proper licenses from the city as well as the state and to be in compliance with all regulations. But it is one step closer to making it legal to sell and obtain marijuana in regions where there is clearly a demand.

Our marijuana defense lawyers in Los Angeles know all too well it can take time to go through the application process and make sure the business meets all regulations and guidelines put in place by local and state governments. And with Los Angeles only recently accepting applications for dispensaries and other related businesses, we don’t want to see anyone end up arrested when we are so close to opening legal operations in the city.

That’s why we help cannabis businesses with all of the necessary steps to set up shop. Having an expert like one of ours on your side will ease your transition to compliance. The cost of operating outside of the law is too high to risk yourself and your business.

Our team is also experienced in criminal defense should you find yourself in an unfavorable situation with law enforcement. We are prepared to defend clients who have been charged for illegal possession for use and sale. as well as cultivation and transportation violations. In addition to Los Angeles, we help clients in San Bernadino, Orange County, San Diego and Riverside.

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

Additional Resources:

Pot Dispensary Found in Port Hueneme Weeks Before It Becomes Legal, Dec. 23, 2017, By Megan Diskin, VC Star

Other Blog Entries:

Report: California Arrested 500k People in 10 Years for Marijuana, Sept. 5, 2016, L.A. Marijuana Arrest Attorney Blog

Jan. 1, 2018, some might be caught off guard if they are stopped even with a small amount of cannabis at Border Patrol checkpoints in the state.

Representatives from the Border Patrol recently told the Associated Press that nothing has changed as far as their job is concerned. They intend to continue to uphold federal law at the eight California checkpoint locations, just as they have since medical marijuana was legalized in the state. The federal Controlled Substances Act, 21 U.S.C. Section 812 still classifies marijuana as a Schedule I narcotic, on par with heroin.

Many states have fought this classification, citing the health benefits the drug provides and the fact that marijuana is not lethal. This has led to a wave of medical and recreational legalization in many states, but U.S. Attorney General Jeff Sessions has been very vocal about his opposition to those efforts.

Therefore, those in charge of monitoring checkpoints will be adhering to federal directives for the foreseeable future. The Border Patrol has checkpoints within 100 miles of the Mexican border, created with the intention of curbing illegal immigration and drug smuggling.

However, roughly 40% of marijuana seizures at these checkpoints come from U.S. citizens carrying less than an ounce, according to data from 2013-2016. This means they would be in adherence to current California law and are still being punished.

Because Border Patrol officials can question drivers without cause and are not required a search warrant, they have a great deal of power at these checkpoints. Simply looking nervous can reportedly be enough to cause officers to pull a driver aside. Drug-sniffing dogs are often used to alert officers to marijuana and can detect even tiny quantities. And obvious attempts to avoid the checkpoint will almost certainly garner the suspicion of officers.

Our marijuana legalization attorneys in Orange County are very familiar with this clashing of state and federal laws. We are here to protect clients who face charges for possession, and will inform you of all your rights along the way.

While we acknowledge that operatives within Customs and Border Protection have stated that U.S. citizens with small amounts of cannabis are generally not charged, we strongly stand against the continued practice of seizing drugs and photographing and fingerprinting motorists, particularly those adhering to state laws.

In addition, the checkpoints are considered a nuisance to local residents, who get delayed in backups due to searches, some reportedly lasting up to four miles in the San Diego area. Residents also complain that they must deal with people cutting through their neighborhoods trying to avoid the checkpoints. They also are considered a privacy violation, with some residents refusing to cooperate at the stops.

Officials claim the practice curbs a significant amount of immigration and smuggling issues, with 34 established checkpoints along the Mexico border and 103 makeshift strategically shifting locations meant to protect major routes into the cities. But for those who endure the burdens of these searches, the benefits are less clear.

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:

As California Legalizes Pot, Laws Collide at U.S. Checkpoints, Dec. 27, 2017, Associated Press

More Blog Entries:

Confusion Between State and Federal Law Makes it Unclear Who Will Be Prosecuted for Marijuana Offenses, Sept. 12, 2017, Marijuana Legalization Attorneys Blog

The two students had plans in the works to print off a series of t-shirts that showed a marijuana leaf alongside the school’s mascot. School officials claimed that the production of such material would be a violation of the university’s trademark policy.

Students sued the school in federal court, arguing that the policy on the mascot trademark was a violation of students’ free speech rights. Last year, the judge issued a ruling agreeing with the students and prohibiting the school from stopping the students from making the shirts. The judge ruled that the school’s rejection of the t-shirts with NORML’s designs were discrimination because the decision was based on the fact that administrators disagreed with the students’ political point-of-view.

On appeal, the school argued (among other things) that the U.S. Constitution and previous rulings by the U.S. Supreme Court gave the school the sole right of discretion in deciding how its trademark could be used. However, the federal appellate panel disagreed. The court held that the student organization’s use of a marijuana leaf on the shirts isn’t a violation of the school’s trademark because the organization is advocating for reformation of cannabis laws, not promoting the illegal use of cannabis.

The students filed a lawsuit against the school after administrators refused to grant permission for them to print the approved design, which included on it the phrase, “Freedom is NORML at ISU.”

One of the students commented to a reporter on her pleasure with the ruling, and in particular that the three-judge panel sided with plaintiffs unanimously.

The students’ complaint explained how the school censored the t-shirts made by the group solely on the basis of the imagery and messaging that involved marijuana. The school also removed the chapter’s staff adviser and then initiated a number of new rules for using the school’s trademark solely for the purpose of restricting the campus organization’s free speech rights.

Prior to filing the lawsuit, the students had said they were disappointed with the school’s decision, but it wasn’t until the school forbid them even from printing the name of their organization on t-shirts due to the fact that the “M” stood for marijuana that they were motivated to sue.

Now that the Eighth Circuit has decided the matter, the next step, if any, would be for the school to ask the U.S. Supreme Court for review on appeal. A school administrator said university lawyers are reviewing the ruling and no decision has been made at this point about whether to appeal the case to the next level.

Currently, marijuana is not legal in Iowa, even for medicinal purposes, putting it in a minority of states. A recent pole by the Des Moines Register revealed that 80 percent of adults in that state do want marijuana legalized for medicinal purposes. However, less than 40 percent would like to see it legalized for recreation.

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

Additional Resources:

Medical marijuana support keeps climbing, Iowa Poll shows, Feb. 15, 2017, By Tony Leys, The Des Moines Register

More Blog Entries:

Air Force Alters Marijuana Rules for New Recruits, Feb. 10, 2017, L.A. Marijuana Lawyer Blog