Marijuana Offenses
Why Are California Medical Marijuana Laws So Hazy? Part 1
Today we launch the first blog in a series of blogs outlining California's medical marijuana initiatives and how they contradict federal law. The series was put together by Matthew Wallin, one of the expert drug crimes attorneys at Wallin & Klarich. Today we provide a brief overview of the two California voter approved acts that have decriminalized medical marijuna. Tomorrow, we will begin taking a closer look at some of…
Read MorePleading Guilty to a Crime Could Cost You Your Medical Marijuana License
While the use and sale of medical marijuana is considered to be a federal crime, it is still legal according to California State law. But it isn't an inalienable right. Just like an individual can have their driver's license take away for committing certain crimes, a person can have their medical marijuana card taken away too. A recent court decision in People vs. Hughes decided that if an accused individual…
Read MoreI Was Caught With Marijuana, What Will Happen To Me? H&S Code § 11357; V.C. § 23222;
In January 2011, the California State Legislature amended possession of marijuana laws by reducing the punishment for someone charged with less than 28.5 grams of marijuana from a misdemeanor to an infraction. What this means is that if someone is found with 28.5 grams of marijuana and it is their first offense, they will only be facing a maximum $100.00 fine plus penalty assessment which makes the total fine about…
Read MoreI’m Charged with Possession of Marijuana for Sale in San Diego. What Should I Do Next?
In California, Health and Safety Code section 11359 makes it a felony for anyone to unlawfully possess marijuana for sale. This crime is punishable by imprisonment for up to three years in state prison. Actual sales or offers to sell can result in imprisonment up to seven years in state prison. Possession means that a person has physical custody and control over the substance. The prosecution can establish this element…
Read MoreDrug Charges – California Health and Safety Code 11358
According to a report by KTLA, Shaun Rothwell, 30, Shane Dearth, 29, and Thomas Nichols, 30, all of Los Angeles, were arrested in Torrance, California. The three were taken into custody after a marijuana hydroponics farm was found by police in a building located on the 17100 block of Figueroa Street in Gardena. Rothwell, Dearth, and Nichols were each charged with "marijuana cultivation, possession of marijuana for sale and theft…
Read MoreU.S. Justice Department Issues Memorandum Regarding State Marijuana Laws
On October 19th, the United States Department of Justice issued a memorandum to the United States Attorneys in California detailing a shift in the Department's policy regarding the investigation and prosecution of federal drug offenses in California. Although the memo is favorable to California's marijuana laws, in no way does it permit the cultivation, possession, use or distribution of marijuana. The federal Controlled Substances Act continues to make those types…
Read MorePossession of Medical Marijuana is Limited to the Patient’s Current Medical Needs
Why Having an Experienced Drug Offense Attorney Can Mean the Difference Between Jail and Freedom A recent California Court of Appeals decision, People v. Archer, held that, in medical marijuana possession cases, the jury must be informed that the patient has a right to possess an amount that is reasonably related to the patient's current medical needs. The California Legislature recently enacted Health and Safety Code section 11362.77 of Medical…
Read MoreA Common Legal Issue in the Context of Medical Marijuana Litigation
The Issue of Possession of Marijuana for Personal Medical Needs, Versus, Possession of Marijuana for the Needs of Others Defendant, Nathaniel Archer, was found guilty of cultivation of marijuana in violation of Health and Safety Code section 11358, a felony, and of simple possession of marijuana in violation of section 11357(a). On appeal, the parties were in agreement that the trial court erred when it included the numerical limits set…
Read MoreLawsuit Filed in Attempt to Overturn City Council Decision to Limit Medical Marijuana Dispensaries
The Los Angeles Collective Association and the Green Oasis dispensary, which is made up of medical marijuana collectives, has filed a lawsuit against the city of Los Angeles' moratorium that seeks to control the sale of medical marijuana. They argue that the moratorium is too vague and its extension into mid-March is in violation of state law. Robert A. Kahn, an attorney representing the Los Angeles Collective Association and Green…
Read MoreMedical Marijuana Card Does Not Necessarily Protect Against Vehicle Search
An officer with probable cause to search is not prevented from doing so by someone presenting a medical marijuana card or a medical marijuana prescription. Various courts have held that, once the officer has probable cause, the officer is entitled to continue to search and investigate, and determine whether the subject of the investigation is in fact possessing the marijuana for personal medical needs, and is adhering to the eight-ounce…
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