Los Angeles Medical Marijuana Laws 2

Posted on: May 21, 2010 at 6:30 p.m.

At the moment, in Los Angeles and throughout the state of California, about 49 percent of people think Marijuana should be legalized. In San Francisco, the numbers climb to 56 percent, although in Orange and San Diego counties, the number is closer to 42 percent. Los Angeles Medical Marijuana Laws already allow for cannabis to be used for medical purposes under certain guidelines. However, due to recent economic challenges in Los Angeles and the rest of the state, people are looking for ways to increase revenue without disturbing too many other areas of business with new taxes.

With these statistics, it is odd that California has not legalized marijuana. The state already legalized medical marijuana, although it is having a hard time governing dispensaries. In fact, just this month, the city of Los Angeles ordered 439 dispensaries to close their doors. The city passed new Los Angeles Medical Marijuana Laws restricting the number of dispensaries that could be open. For those companies that do not shut down, they could face a $1,000 fine plus a $2,5000 a day penalty. Los Angeles became the epicenter of the state's dispensary boom last year, following the Obama administration's announcement that it would not prosecute medical marijuana stores that adhered to state law.

Since Marijuana is not currently legal, legalizing and taxing the substance would not really impact other business in California. Los Angeles Medical Marijuana Laws were designed to allow people with severe medical conditions to get a pain treatment that would not impact them as harshly as some pharmaceuticals. In 1996, Prop 215 was passed by the California voters and 8 years later, Senate Bill 420 codified the California Penal Code which allowed for medical cannabis. Since then, it has been a fight between law enforcement and medical marijuana dispensaries to determine Los Angeles Medical Marijuana Laws.

If you or someone you love is being prosecuted for medical marijuana possession, or feel law enforcement is improperly using Los Angeles Medical Marijuana Laws to persecute your business, contact Kestenbaum Eisner & Gorin, LLP at 877-781-1570. Our Los Angeles Criminal Defense Attorneys can protect your rights and make sure you are not being wrongly prosecuted.

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Los Angeles Marijuana Dispensaries Ordinance

Posted on: January 27, 2010 at 4:28 p.m.

The Los Angeles City Council gave its final approval to an ordinance that will shut down hundreds of Los Angeles medical marijuana dispensaries and impose strict rules on the location and operation of the dispensaries that are allowed.

In a 9-3 vote, the approval passed today without debate. The ordinance has been the topic of discussion amongst the council for more than 4 1 /2 years and would effectively limit the number of Los Angeles medical marijuana dispensaries to 70. The ordinance also states that dispensaries registered with the city in 2007 remain open, raising the number to about 150.

Hundreds of Los Angeles medical marijuana dispensaries have popped up as the City Council debated the proposed ordinance over the past couple of years. The debate made it possible for new dispensaries to open as the City Council failed to enforce regulations on these new dispensaries.

According to city officials, an estimated 500 Los Angeles medical marijuana dispensaries will be forced to close under the ordinance. Some of these dispensaries, however, are not going down without a fight; several are preparing to sue the city and collect signatures to force a referendum on the ordinance.

In addition to the limitation on dispensaries, the ordinance also requires surviving dispensaries to be at least 1,000 feet from other dispensaries and so-called sensitive areas, such as schools, parks and libraries. Among other restrictions, dispensaries will be required to close at 8 p.m. and will not be permitted to allow Los Angeles medical marijuana use at the stores.

Once the ordinance is in place, the city attorney's office will send letters to affected landlords and dispensary operators telling them that they must close immediately. If the dispensaries remain open, the city attorney's office likely will take them to court.

This crackdown on Los Angeles medical marijuana dispensaries has serious implications for those that legally use marijuana for various reasons. The shutting down of marijuana dispensaries will force some to travel further away or find alternative sources to attain marijuana. This can leave some in limbo as far as drug laws in California go. Los Angeles medical marijuana possession laws can be confusing as circumstances dictate whether or not a person can be charged with possession, including the arresting agency, the location and more.

If you find yourself in a situation in which you aren’t aware of the legality of marijuana possession and have been arrested, you need to contact a Los Angeles criminal defense attorney team immediately to inform you of your rights and ensure a fair trial in court. The professional and knowledgeable Los Angeles criminal defense attorney team at Kestenbaum, Eisner & Gorin, LLP has more than 50 years of courtroom experience and is well versed in drug laws in Los Angeles. With our experience in the field, we are able to come up with a strategic defense that can result in charges against you being dropped or conviction consequences reduced. If you have been arrested for marijuana possession, contact the Los Angeles criminal defense attorney team at 1-877-781-1570 immediately or visit our site at www.keglawyers.com for more information on drug laws in California and how we can help you if you find yourself facing possession charges.

Tagged as: los angeles medical marijuana attorney, los angeles medical marijuana dispensary

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Medical Marijuana: State vs. Federal

Posted on: December 8, 2009 at 2:29 a.m.

A new federal policy under the Obama administration has raised a lot of questions and concern among marijuana users throughout the country, particularly in California. The new policy states that the federal government will not seek to arrest medical marijuana users and suppliers as long as they conform to state laws, a departure from tough federal marijuana laws under the Bush administration. The irony of this new policy lies in one of California’s largest cities; Los Angeles medical marijuana dispensaries were once plentiful and the city, along with the state of California, was an advocate for legalized marijuana use. Around the time that the federal policy was announce, however, Los Angeles began to tighten its grip on Los Angeles medical marijuana dispensaries, in a puzzling display of role reversal. This polarization of opinion on behalf of Los Angeles has left many users in limbo when it comes to the legality of marijuana. The recent crackdowns on Los Angeles medical marijuana dispensaries seem to back track the cities stand on the issue before the federal policy was put into place, leaving users even more confused than before.

Unfortunately, there is still ambiguity within Los Angeles county laws on marijuana use and that has people scratching their heads on the legality of their activities. In Los Angeles, you are technically allowed to have small amounts of marijuana for personal use, but that all depends on which enforcement agency finds them on you. Medical marijuana use is legal in California, so state and city law enforcement agents might not arrest you for possession in your own home. If, however, you are found to have marijuana outside of your home, you might be arrested and charged with a misdemeanor drug possession offense. The sentencing aspect of a marijuana arrest provides even more leeway and confusion to offenders, if you are a first time offender you can forego tougher sentences by enrolling in a drug treatment program and by completing the program and avoiding being arrested or convicted your record is wiped clean.

This ambiguity in laws and sentencing techniques can leave anyone baffled, but an experienced Los Angeles drug defense attorney can help you navigate through all of the confusion of Los Angeles medical marijuana laws. The experienced Los Angeles drug defense team at Kestenbaum, Eisner & Gorin, LLP has over 50 years of in-court experience and can help you sort through the drug laws in Los Angeles and will work on your behalf to minimize your sentence or have your case dismissed. If you have been arrested or charged with drug possession in Los Angeles, contact us at 1-877-781-1570 or visit our site at www.keglawyers.com for more information.

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Medical Marijuana Dispensary Battles

Posted on: November 11, 2009 at 7:12 p.m.

A particularly contentious area of the law for Los Angeles criminal defense attorneys is Los Angeles medical marijuana law. While medical marijuana was legalized in Los Angeles and the rest of the state, law enforcement (both state and federal) continue to raid Los Angeles medical marijuana dispensaries. In fact, this battle is taking place throughout the state of California.

Arguments over Los Angeles medical marijuana use, as well as in other cities, are heating up all over California. By some accounts, there are more medical marijuana dispensaries in Los Angeles than there are Starbucks and 7/11 stores. In Fresno, the fight over medical marijuana has recently been focusing on zoning laws and the overlap of legal jurisdiction between the city, state and national government. Fresno recently adopted zoning laws that effectively prohibit medical marijuana dispensaries from operating in city limits. Federal policy technically makes the use of marijuana illegal, even for medical purposes. The Obama administration, however, has taken a less forceful track than the Bush administration, saying it will not prosecute medical marijuana dispensaries or the patients who use it in states where it is legal by state law.

Fresno’s nine recognized marijuana dispensaries have been ordered to close their doors while lawyers hash out their legality in court. In 2006, Fresno very obviously attempted to ban dispensaries within city limits by drafting zoning laws that specified that all marijuana dispensaries must comply with both state and federal laws in order to operate. Since federal law prohibits marijuana dispensaries, no dispensary could fully comply and remain open legally. Opponents of the use of marijuana for medical purposes argue that Fresno’s zoning laws banning marijuana dispensaries are supported by federal law, which supersedes state law. Those in favor of medical marijuana argue that states’ rights and California state law should prevail, keeping the dispensaries open. Trial in the case has been set for January, 2010. In the meantime, opponents of the dispensaries have asked the presiding judge for a temporary restraining order that would shutter all of the city’s dispensaries until after the trial. The order was granted on October 28th. Attorneys for the city’s nine dispensaries will appeal the decision in an attempt to keep the dispensaries open until the trial begins.

Los Angeles medical marijuana policies are likewise subject to the same confusion. While city zoning laws have not gone so far as to ban marijuana dispensaries, possession, sale or the manufacture of marijuana for medical purposes may still get you arrested, depending on the law enforcement agency that arrests you. With such a complicated criminal matter, you need an experienced criminal defense attorney by your side.

If you or someone you know has been arrested in connection with Los Angeles medical marijuana, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today to find out what your options are. Let us fight for you.

Tagged as: los angeles medical marijuana attorney, los angeles medical marijuana dispensary

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Los Angeles Medical Marijuana Laws 2

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Medical Marijuana: State vs. Federal

Medical Marijuana Dispensary Battles

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