Answering Questions About Legal Marijuana

By: Wallin & Klarich

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 …

Posted In: Marijuana Offenses
Tagged: Marijuana-related crimes

What Does It Mean If California Legalizes Marijuana?

By: Wallin & Klarich

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 …

Posted In: Marijuana Offenses
Tagged: Marijuana Convictions

California Medical Marijuana Primary Caregivers – Part 2

By: Wallin & Klarich

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 …

Posted In: Marijuana Offenses

Medical Marijuana Dispensaries

By: Wallin & Klarich

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 …

Posted In: Marijuana Offenses

Court Throws Out Convictions When Police Entered Hotel Room without a Warrant because They Smelled Marijuana

By: Wallin & Klarich

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 …

Posted In: Marijuana Offenses

Why Are California Medical Marijuana Laws So Hazy? Part 4

By: Wallin & Klarich

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 …

Posted In: Marijuana Offenses

Why Are California Medical Marijuana Laws So Hazy? Part 3

By: Wallin & Klarich

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 …

Posted In: Marijuana Offenses

Why Are California Medical Marijuana Laws So Hazy? Part 2

By: Wallin & Klarich

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 …

Posted In: Marijuana Offenses