Medical Marijuana

As medical marijuana dispensaries begin to get more scrutiny the medical marijuana defense lawyers at the Sigal Law Group have represented more and more clients being prosecuted for criminal violations of existing marijuana laws. If you are facing criminal charges and require a criminal defense attorney as a result of operating a legal medical marijuana dispensary you need an experienced medical marijuana defense attorney who knows the law and is not afraid to challenge the authorities who are prosecuting what we believe to be legitimate business people for improper reasons.

When medical marijuana first became decriminalized in 1996 as a result of the California voters passing the Compassionate Use Act (also known as Proposition 215), there were a lot of questions about what marijuana dispensaries were and were not allowed to do. This persisted for over a decade as the law was still developing.

The Attorney General of California eventually issued guidelines that have become the framework for medical marijuana dispensaries operating in California. It has also become the framework for the authorities to prosecute medical marijuana businesses. While the legal opinion contained several provisions in it, there was one aspect of it that has led to current prosecutions. Medical Marijuana dispensaries and collectives, while allowed to operate legally, cannot do so for a profit. This provision of the law has become the source of prosecution or local authorities. As a result, several arrests were made by local law enforcement agencies in recent past of dispensaries that were operating for a profit or at least what the government perceived as a profit.

Medical Marijuana Dispensaries

Until recently many dispensaries protected themselves from law enforcement scrutiny by establishing their companies as "not for profit entities" and not charging a price for their inventory but rather asking for a suggested donation from customers. While this may seem like "splitting hairs" and an exercise in futility, it has become the general norm for most dispensaries. The tides are, however, changing for medical marijuana collectives and dispensaries and that is why more than ever you need an experienced medical marijuana attorney who is not only knowledgeable about current marijuana laws but also a seasoned criminal defense lawyer to assist you in avoiding legal problems before and after they happen.

Sparked by concerns from local community groups who protested the fact that so many medical marijuana dispensaries were springing up all over the Los Angeles area and by the inability to control this growth by the Los Angeles City Council, the Los Angeles County District Attorney and the Los Angeles City Attorney have both made public statements regarding the fact that they are now looking at dispensaries as criminal entities that operate outside the law and warned owners that they will be prosecuted for drug sales if they do not close or comply with State and local ordinances. The Los Angeles District Attorney, the county’s top prosecutor has gone so far as to announce at a press conference that "The vast, vast, vast majority, about 100%, of dispensaries in Los Angeles County and the city are operating illegally, they are dealing marijuana illegally" (actual quote from Los Angeles County Dist. Atty. Steve Cooley)

He also stated that police will begin making arrests shortly and that all facilities should be on notice that the county of Los Angeles will take on a zero tolerance policy when it comes to medical marijuana dispensaries. The reason cited by the District Attorney is that because virtually all of the dispensaries are operating for a substantial profit, that they are violating laws which prohibit the sale of marijuana. Rather the law allows for the establishment of non-profit collectives where the members of the collective grow and purchase marijuana for the benefit of the collective but for no profit.

Medical Marijuana Arrest

This new policy will no doubt lead to the arrest and prosecution of many medical marijuana businesses within Los Angeles. It will also bring about many creative ways to challenge the new marijuana policy. At the Sigal Law Group that is exactly what we are prepared to do. We will fight for our clients rights not only to be free from prosecution but to be able to continue to operate a legitimate enterprise in Los Angeles.

Don't forget that Los Angeles' new policy is not a result of an act of the legislature or the vote of the public but a result of the proclamation of a handful of civil servants that are now looking to enforce the laws as they interpret them. That is why now more than ever you need an experienced criminal lawyer who has experience as a medical marijuana defense lawyer to help you and your company. The stakes nave never been higher. If you are facing charges as a result of owning or operating a medical marijuana facility or would like a free consultation on how to avoid severe criminal penalties contact a Van Nuys medical marijuana lawyer at the Sigal Law Group today. We are here to help.