Whittier Police Get NASTY!!!

Last week Whittier Police Department apparantly brushing up on its raid tactics used brute force in a raid that shut down dispensaries that were operating without a license.  Word is the city has stopped giving them out.  Full story click here
http://www.whittierdailynews.com/crime/ci_18113350

Long Beach Update

Recently I have been hearing quite a few rumors about the city of Long Beach and Long Beach Police Department intimidation directed towards dispensaries located in the City. Reports include detectives kicking in doors, city officials citing owners up to $1,000.00 per day.

These reports are troubling when you consider that the dispensary establishments being targeted are doing everything in their power to be compliant but still find themselves targeted as if they were running illegal drug operations.

Medical Marijuana Industry Facts

The medical marijuana industry is no longer just a junior varsity player waiting in the wings for a shot.  The industry is rapidly growing and is now a multi-billion dollar industry. And this is only with 16 green states.  No wonder why the industry is now viewed in glowing terms about its growth prospects.


For the complete article read here:
After humble California beginnings in 1996, 15 states and the District of Columbia now have legalized marijuana use for ill patients who have a doctor's recommendation.

San Diego Update

Perhaps no city or county is more hostile to medical marijuana than San Diego.  In light of the recent defacto ban imposed by the San Diego City Council, California Cannabis Coalition and Patient Care Association of California has collected 47,000 signatures to force a referendum to end the ban.
For full text of the article click here.
http://www.tokeofthetown.com/2011/05/san_diego_medical_marijuana_ban_suspended_signatur.php

Oceanside Moritorium

Oceanside Moritorium has now expired. For full article from the San Diego Safe Access click here
http://www.safeaccesssd.org/2011/05/oceanside-moratorium-on-dispensaries.html


lawyerwarrior@aol.com

Costa Mesa Update

Last week medical marijuana dispensaries in Costa Mesa won a key ruling when Orange County Superior Court Judge David Chaffee lifted the temporary restraining order against Herban Elements and the other dispensaries located at 440 Fair Drive in Costa Mesa.   A June 3 hearing is now scheduled for a permanent ruling on whether the dispensaries can remain open.

For full text from the OC Weekly :http://blogs.ocweekly.com/navelgazing/2011/05/sue_lester_oc_weekly_cover_gal.php



lawyerwarrior@aol.com

Marijuana Cultivation Bill Progresses

Just picked up this nugget from the excellent NORML website this week.

The California Assembly is considering legislation, AB 1017, to reduce criminal penalties for marijuana cultivation. The bill seeks to downgrade cultivation from a mandatory felony to a “wobbler” or alternative misdemeanor.

This would be huge step in the right direction as taking this out of a mandatory felony category saves  a potential arrestee the stress of facing a felony prosecution even for a first time offense. Misdemeanors are much easier to resolve from all sides.

It would provide cost savings, spare a the person charged with having to get bail and not require a preliminary hearing to occur in every cultivation case.

questions email at lawyerwarrior@aol.com

5 Worst States To Get Busted In*

1.  Oklahoma

2.  Texas

3.  Louisana

4.  Arizona

5.  Florida


*Source: NORML

RAIDED!!!!

Yes that ugly six letter word can happen to any dispensary even those operating with impeccable paper work, accountants and attorneys on referral.

The question is what to if you are raided.  In short the best advice is DO NOT RESIST.  That is what adrenaline driven, coffee drinking law enforcement officers are trained to combat.  To resist is a zero sum game that will leave you bloody, possibly beaten and certainly in jail.

Best advice is to do the following:


1)  Hands up. Put your hands up right away.  Sounds corny but this will put them a little more at ease and increases your chances of going home after the raid is over.

2) Be Still. Do not make any sudden movements.  Believe it or not they are just as nervous as you are-the only difference is that they have automatic weapons aimed at you.

3) Obey their commands.  Sorry but at this point in the game the police are in charge.  Sometimes discretion is the better part of valor.

4) Stay calm.Getting overly emotional at this point will serve no useful purpose. Similarly swearing at the officers during a raid can only make a bad situation worse.  Keep your composure to get through this rough situation and let the lawyers handle things once the raid is over. 

Now the first four items are easy. The next item if followed can save you and everyone else a lot of legal drama.  It is invaluable to keep your Mouth Shut!

5) Don't talk. You are under no obligation to provide law enforcement officers any information regarding the dispensary, collective or co-op. You are under no obligation to give the officers any financial information.  And it goes without saying patient information is protected by state and federal law. Provide your name but nothing else.  As they say in the marines, name, rank and serial number.

6) Invoke your Miranda Rights!  If you don't know what they are are here you go:

• You have the right to remain SILENT.  Anything you say can be used against you.
• You have the right to a lawyer
• If you cannot afford one, one will be appointed for you.

These are just a few things you can do to get through a very hostile and tense situation.  Any questions or concerns please email lawyerwarrior@aol.com.

California Medical Marijuana Law 2011

In 2003 Senate Bill 420 was passed as an extension and to clarify Proposition 215 the Compassionate Use Act (CUA) passed by California voters in 1996.  The Medical Marijuana Program was established to provide a state wide medical marijuana card issuance program for qualified patients and their care givers.

On August 25, 2008 Governor and then Attorney General  Jerry Brown issued guidelines to assist qualified patients and law enforcement officers.  These guidelines state that marijuana collectives should operate as non-profit organizations and verify its members are qualified patients and maintain records of its activities. 

So does this mean its legal for those now wishing to get into the California green rush? Well sort of.  The reason is for that answer is because California as stated above does have in existence a medical marijuana law.  But here is the kicker .....there is NO FEDERAL MEDICAL MARIJUANA LAW!

In plain language this means one could be completely in compliance with state law but still be raided by the Drug Enforcement Agency (DEA) or other federal agencies and prosecuted by the federal government in federal court.

In California to obtain medical marijuana you must get a doctors recommendation. Doctors cannot prescribe it because it is schedule one controlled substance and pharmacies do not carry it.  Once you obtain your doctors recommendation you can then obtain medical marijuana legally at a dispensary.

questions email at lawyerwarrior@aol.com