Housing authority officials cite the conflict between state and federal law, saying they jeopardize their access to much-needed federal dollars if they allow a Schedule I narcotic to be used in taxpayer-funded housing or by those receiving assistance. However, what our Los Angeles marijuana lawyers see is yet another example of double standards when it comes to marijuana law and regulation enforcement – with people of color in low-income communities facing particular adverse consequences. Coincidentally, this is the same population disproportionately impacted by the failed, decades-long War on Drugs.

Officials with the Department of U.S. Housing and Urban Development (HUD) have said they do want “sensible” regulation that might legally permit medical marijuana use by public housing tenants, but so far there is no concrete proposal on the table.

This issue has arisen in numerous states. Illinois, for instance, after the end of this year will join the growing list of states to allow recreational marijuana use, possession and sales – but public housing tenants will face homelessness if they partake. This was made clear, the Associated Press reported, when managers of Section 8 housing sent notice to tenants underscoring that federal law bars the use and possession of marijuana in housing subsidized by federal dollars.

In effect, the drug is being legalized, but we’re only allowing certain groups to benefit from it – even though many states (California included) have built in special provisions within regulation to to reverse the effect of years of racial disparity on this front.

As our Los Angeles marijuana eviction attorneys can explain, it’s not just the U.S. Controlled Substances Act, either. State housing authority officials point to the 1998 Quality Housing and Work Responsibility Act. This measure expressly prohibits any facility that takes in federal dollars from allowing marijuana use. There are is also a provision of federal housing law that specifically gives both public housing authorities and landlords the right to evict any tenants who use marijuana, regardless of the reason. Anyone convicted of a marijuana-related offense is prohibited from obtaining federally-funded housing too. And while the U.S. Department of Justice had suggested in 2013 memo that there would be some enforcement latitude, former U.S. Attorney General Jeff Sessions rescinded that memo last year.

So no matter what the state-level laws, the legal rights of public housing tenants to use marijuana for any reason are sketchy at best.

As it stands, there hasn’t been a flood of cases challenging these laws, but that most likely has to do with the fact that tenants don’t have the means to pursue legal action, don’t have access to information on how to pursue such action if they wanted to and the risk of losing a roof over their heads is enough to muzzle any loud discontent. That doesn’t mean these measures aren’t having an impact on a substantial number of people.

Among the recent cases reported by local media outlets:

• An elderly man in New York, convicted of using a marijuana vaporizer for pain, was evicted from his public housing residence. (The 78-year-old was allowed by his landlord to move back in after public pressure.)
• A California woman and her daughter from Arcata were evicted for medical marijuana use last year.
• A 55-year-old in Montana was denied public housing when she admitted to having a medical marijuana card, which she was given as an alternative to opioid prescription painkillers after a breast cancer diagnosis.
• A Massachusetts couple were evicted for smoking medical marijuana on their patio last year. The husband is disabled while the wife suffers a painful, progressive brain disease.
• In Oakland, California, four elderly public housing residents were all evicted for marijuana use, despite having lived in public housing for years – three of them being elderly women who were caring for children and grandchildren.

A U.S. Representative from Washington, D.C. has introduced a bill that would allow medical marijuana usage in states where the drug is legal for that purpose, but it has yet to gain significant traction.

The existing HUD policy on marijuana use is one-strike – meaning one-strike, and you’re out. This has put hundreds of seniors and those with disabilities at risk for homelessness – and even criminal charges.

If you are facing eviction for marijuana use in Southern California, our experienced marijuana 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:

Marijuana banned from Chicago public housing despite legalization taking effect January, 2019, Associated Press

State Question 788 passed with 57 percent approval despite almost half a million dollars spent on a campaign to shut down the proposal. Gov. Mary Fallin and Sen. James Lanford (R) joined several health and law enforcement organizations to voice opposition to the ballot initiative, according to a report from Forbes. Some voters claim the issue did not even appear on their ballot, causing speculation as to how far some would go to stop the measure. Even the fact that the issue was placed on a primary ballot rather than during a general election seemed to be tactically designed to set it up for failure since voters who show up at primaries tend to lean more conservative. The passage of the measure in spite of such obstacles, however, proves what cannabis advocates like our medical marijuana attorneys have been saying all along: marijuana is not a partisan issue.

Not only was the medical marijuana initiative passed, but it also stands apart from other states in that it gives more freedom to doctors. Some government officials in other states have decided they know better than medical doctors and have confined the permissible medical conditions by which health practitioners can recommend cannabis to a pre-determined list. The new Oklahoma law, however, keeps the power to decide squarely where it belongs, with board-certified medical professionals.

The measure allows for patients who are granted ID cards to possess up to eight ounces of marijuana in their home and up to three in public. For concentrates, one ounce is permitted and up to 72 ounces of edibles. Limited home cultivation is also allowed. The measure also leaves room for an extremely fair system of law enforcement in which those who are found with 1.5 ounces or less without the proper paperwork are not punished as if they had committed high treason. If they can cite a medical condition as the reason for their use, they would be issued a $400 fine. That is, so long as voters get their way.

Some leaders, however, can’t leave well enough alone. Citing her respect for the will of the people, Gov. Fallin also made it clear that respect does not extend so far as letting voters decide how much freedom people in the state would enjoy. She seeks to tighten up any points that would dare to resemble anything close to recreational legalization. Support for recreational cannabis, however, is growing quickly across the country, with nearly two-thirds support and legalization in nine states and Washington, D.C. Buttoning up medical laws too tightly could spur Oklahomans to take that next step toward full adult-use legalization.

Our L.A. medical marijuana lawyers see this victory in Oklahoma as a big win for all of us. The more support cannabis receives nationwide, the quicker we can all move on to removing the federal ban and start working together toward breakthrough medical research, creating interstate marketplaces, and learning more about this highly beneficial plant.

Additional Resources:

Oklahoma Voters Approve Medical Marijuana Measure, June 27, 2018, By Madison Park, CNN

More Blog Entries:

Med Students Must Learn About Medical Marijuana, March 23, 2018, By L.A. medical marijuana lawyers blog

the Rohrabacher-Blumenauer amendment slide through, thus continuing protections of state-compliant medical marijuana operations. While seemingly small, this was a pretty significant victory for those who depend on medical marijuana, whether as a patient or cannabis business owner. Marijuana users have been somewhat nervous since the change in administration, particularly with U.S. Attorney General Jeff Sessions openly making it his mission to eradicate all advancements in the marijuana industry.

First introduced as Rohrabacher-Farr in 2001, the amendment as we know it was not signed into law until December 2014. As our medical marijuana attorneys can explain, while it does not legalize medical marijuana federally, it essentially restricts officials from spending government funds to disrupt any medical marijuana-related actions or businesses that are in compliance with relevant state and local laws. The catch is, the amendment must be renewed every year to remain in effect. It is essentially a bandage Congress created to stop the war being waged between states and the federal government. More states now have legalized medical marijuana than not. Meanwhile the federal government is clinging to an outdated Schedule 1 classification of marijuana under Controlled Substances Act, 21 U.S.C. Section 812.

President Trump previously signed this same amendment into an appropriations act in May 2017. But that time, he did so with an ominous disclaimer attached, according t0 Marijuana Moment. He intentionally called out the section of the bill and stated that he would acknowledge the provision with the understanding that it was his job to ensure laws be “faithfully executed.” This, along with Sessions taking shots at other marijuana protections this past year, has made cannabis business owners nervous. And even with this amendment, recreational marijuana would not be protected.

Sessions claims his anti-marijuana agenda is simply him doing his job in upholding the law of the land. But the old policies Sessions is favorable toward were essentially when marijuana law was used as a weapon to oppress, control and criminalize large swaths of certain communities, mostly poor minorities. For years, misinformation stirred irrational fear over a pretty benign drug and created confusion and division in the country. We are so close to leaving those days behind us, and yet, there are still some major hurdles to be cleared.

The continuation of this amendment is a good start, but it’s not the end. This spending bill only lasts until September, at which point the amendment will be in limbo again while Congress and the president consider its extension. Our experienced medical marijuana lawyers in Los Angeles hope that with a major election right around the corner in November, politicians from both parties will want to continue to support this highly popular bipartisan issue – and hopefully remove the Schedule I classification entirely.

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:

Federal Spending Bill Includes Medical Marijuana Protections, March 22, 2018, NORML

More Blog Entries:

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

This raid was conducted at a medical marijuana facility in San Diego. The facility was used to distribute CO2 extracted medical cannabis products. CO2 extraction involves the use of super critical carbon dioxide as a solvent to extract essential oils from plants. In the case of medical marijuana, the oils are extracted from mostly the trim of marijuana plants to make oils and tinctures that can be used for various medical applications.

It has been alleged that in the process of this raid, the DA’s office seized all inventory, business records, and a large amount of cash that is approximately $324,000. In addition to the business assets, the DA’s office also froze several of his family’s bank accounts in the name of his wife and her daughters. This money totaled around $100,000.

Business owner’s attorney argued that this money is not part of any case and should be returned to business owner and his family. The judge agreed and issue the order that this money be returned or otherwise repaid so the family can be made whole again with respect to their personal financial loss.

There is a lot of confusion in the medical marijuana industry at this time. While there is no question that it is a lot of money to be made, there are seemingly ever changed local, state, and federal laws that can have significant effects on the business. There is also a lot of flux in whether or not the federal government, particular the U.S. Drug Enforcement Administration (DEA) will enforce the federal prohibitions against medical marijuana. The last presidential administration chose not to do so, and even the current congress supports that position. However, President Donald J. Trump recently stated that congress could not stop him from cracking down on medical marijuana, and he appointed a head of the justice department who has said “good people” do not use marijuana.

With all of this change happening, the best thing someone in the cannabis industry can do is to speak with an experienced medical marijuana attorney in Orange County. There are many attorneys that have started advertising that they handle medical marijuana cases now that they see how profitable the business has become. However, you want to make sure the attorney you chose has been in the business for much longer than that and genuinely understands the issues medical marijuana business face.

In addition to drug laws, law enforcement agencies on a mission to bust medical marijuana businesses will often rely on local ordinances and zoning regulations to force a business to close or to seize assets. That is what appears to be happening in the case involving this particular business owner. You should discuss these issues with your medical marijuana attorney as well.

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

Additional Resources:

San Diego DA ordered to return $100K to MMJ businessman, family, May 9, 2017, Marijuana Business Daily

More Blog Entries: Report: Colorado Marijuana Laws May Not be Safe, Feb. 5, 2017, L.A. Marijuana Lawyer Blog

As it turns out, that’s no longer accurate.

A recent report by CBS News revealed that seniors are actually the fastest-growing subgroup of cannabis users in the nation. In fact, between 2013 and 2014, the number of over-55 first-time marijuana users leaped from 2.8 million to 4.3 million – a jump of more than 53 percent.

In California, where medical marijuana has been legal for more than 20 years, older folks are routinely turning more to marijuana than prescription painkillers to relieve the aches and pains that come with age.

Many understand that while any medication is going to have a set of risks and complications, those that accompany medical marijuana are far less severe than those that come along with powerful opioid prescriptions. With opioids, there is not only the high likelihood of addiction, but also the serious risk of overdose. Seniors currently comprise just 14 percent of the population, and yet they consume 30 percent of all prescription drugs. That includes those highly-addictive pain medications.

Pot is considered a much safer – and effective – alternative.

Steve DeAngelo, owner of Oakland’s Harborside dispensary – one of the largest in California – said it’s a kind of tragedy that on the whole, the senior generation is the one that right now could reap the most benefits from medical marijuana use and yet, it’s also the cohort that mounts the greatest opposition to marijuana reform nationally. Of course, that’s likely in large part due to the propaganda they grew up with, including anti-drug campaigns by the government and movies like, “Reefer Madness.”

The drug remains illegal for all purposes under federal law, and is still stuck with the “Schedule I” label (though the Obama administration has largely stopped prosecuting persons and companies acting within the parameters of state laws where the drug is legal). But that designation alone is enough to give many seniors pause. After all, if it was safe, why wouldn’t the government allow it? But of course as our L.A. marijuana lawyers know, the politics on this issue are complicated.

Almost half of all states in the country allow marijuana for medicinal or recreational purposes. In November, voters in more than a dozen states will be given the opportunity to join the growing movement.

Doctors say that while no drug is ever 100 percent completely safe, THC is far less dangerous than opioids and other powerful medications. Those interviewed by CBS said there are a number of age-related ailments for which marijuana is an ideal medicine. Those include:

• Arthritis
• Pain management
• Insomnia

Preliminary evidence suggests that we may even be able to replace those dangerous opioid prescriptions with medical cannabis, or at least largely substitute it.

Seniors who do begin using the drug are generally cautioned to steer clear of edibles, as those can pack powerful doses right off the bat. By starting slow, and with low doses that aren’t mixed with alcohol or other drugs, seniors can maximize the benefits.

In Colorado, which allows recreational marijuana, Gov. John Hickenlooper, a senior himself, initially opposed the legislation. He later came to support it, and now says seniors who wish to unwind and relax but don’t want to use alcohol may find pot a more enjoyable alternative.

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

Additional Resources:

Seniors are filling their prescriptions – at a pot shop, May 19, 2016, CBS News

More Blog Entries:

Driver Allegedly High on Medical Marijuana Caused Crash Resulting in Trooper’s Death, June 1, 2016, California Marijuana Lawyer Blog