Marijuana Offenses
Answering Questions About Legal Marijuana
In November 2016, California voters approved Prop 64, making the recreational use of marijuana legal in the state. However, this does not mean that every person in California can do as he or she wants when it comes to the drug. There are still a number of ways that using marijuana can lead to you facing criminal charges. Many people are confused about California’s legal marijuana laws. Here are some…
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What Does It Mean If California Legalizes Marijuana?
On Nov. 8, California voters can choose to vote for or against Proposition 64, which would legalize recreational marijuana use for adults over the age of 21. What does it mean if Prop 64 passes? Essentially, it would mean that any person over the age of 21 could possess, buy, or transport up to one ounce of marijuana and cultivate up to six plants in his or her home. However,…
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Medical Marijuana Patients can be Arrested when Carrying more than Medically Necessary
Medical marijuana patients and caregivers may possess only that amount of marijuana that is reasonably related to the patient's current medical needs – with or without a physician's approval, according to a decision by the California Court of Appeals. If you are facing charges of marijuana possession, it is important to contact a skilled criminal defense attorney to help you with your case. The experienced drug crime attorneys at Wallin…
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5 Things You Want To Know If Police Find Your Marijuana Scented Package
Recently, the California State Supreme Court ruled that law enforcement officials can seize a package smelling of marijuana without first obtaining a warrant. However, a judge must sign off on a warrant in order for law enforcement personnel to search the contents of the package. If you ever find yourself in a situation where a police officer suspects that a package in your possession contains marijuana, here are 5 very…
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California Medical Marijuana Primary Caregivers – Part 2
In the context of California medical marijuana laws, a "primary caregiver" is an individual or facility that has "consistently assumed responsibility for the housing, health, or safety of a patient" over time. (California Health & Safety Code 11362.5(e)). Consistency is critical to meeting this definition. A patient can elect to frequent any dispensary that he or she chooses. The patient can visit different dispensaries on a single day or any…
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Medical Marijuana Dispensaries
The issue of whether to prohibit the sale of medical marijuana by means of dispensaries remains a controversial issue in California. Many local governmental bodies in California have sought to impose a moratorium on the licensing of marijuana dispensaries. The basis of such a ban would be based on an argument that the activity related to these dispensaries violates federal law. Cities have also used zoning ordinances to control the…
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Court Throws Out Convictions When Police Entered Hotel Room without a Warrant because They Smelled Marijuana
The question the court faced was whether the police needed to obtain a search warrant when they smell a strong odor of marijuana coming from a hotel room. In a decision that will be very good news for all persons who smoke marijuana in the privacy of their home or in a hotel they may visit, the court of appeals threw our the defendants convictions and ordered that all of…
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Why Are California Medical Marijuana Laws So Hazy? Part 4
Part 1 Part 2 Part 3 Today we bring you part 4 of our series of blogs surrounding California's medical marijuana laws. Today's blog is about the pitfalls and potential legal battles you can face if you decide to open a medical marijuana dispensary. Basic collective law You hear about medical marijuana dispensaries being "Little cash cows" making hundreds of thousands of dollars a month. Don't believe everything you hear…
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Why Are California Medical Marijuana Laws So Hazy? Part 3
Part 1 Part 2 Last week we began a series of blogs surrounding California's medical marijuana laws. Today we bring you Part 3 of that series. You can follow the links above for Parts 1 and 2. Today's blog focuses on the federal government's recent crackdown on medical marijuana dispensaries, and how federal law is handcuffing local California municipalities from being able to safely regulate the medical marijuana industry. The…
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Why Are California Medical Marijuana Laws So Hazy? Part 2
Part 1 Yesterday we began the first part in a series of blogs outlining California's medical marijuana laws and how they conflict with Federal law. This has been an ongoing struggle for medical marijuana activists, and recent raids on prominent dispensaries have only raised more questions in the debate. Dispensary owners are fighting a battle on two fronts. First and foremost, there is the federal government looming over their heads,…
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