Recently in Drug Crimes Category

Recently, the government has started to consider the potential value to placing a tax on marijuana, which is already lawful given a proper physician's recommendation.   Californians spend about $980 million each year to enforce state and local marijuana laws.  California is in a state of financial chaos and if there exists a possibility to eliminate such a large part of the problem, that proposal must be considered. 

Tom Ammiano, a San Francisco Democrat recently elected to the state legislature, announced that he was introducing a bill that would "tax and regulate marijuana in a manner similar to alcohol" in the state of California. According to Mr. Ammiano, Assembly Bill 390, which would impose a tax of $50 per ounce on marijuana sales, "would generate $1 billion in new revenue" for the state if it is enacted.  Other factors to consider are that the elimination of a profit margin for the sale of marijuana could help the troubled Mexican government deal with its out of control drug war. 

David D. Diamond is a Los Angeles based medical marijuana attorney.   

Three have been charged in a conspiracy case that alleges misuse of drug prescriptions.  Anna Nicole Smith's psychiatrist recently surrendered to authorities in Los Angeles on charges that she conspired to over-prescribe medications to Smith, with knowledge that she was an addict. The other two defendants are Dr. Sandeep Kapoor, who allegedly prescribed thousands of pills to Anna Nicole, and Howard K. Stern, Anna Nicole's boyfriend and lawyer.  Both have already surrendered to authorities.

The law is changing in California.  The courts are recognizing the need to properly interpret the laws pertaining to medical marijuana.

Transportation

Under People v. Trippet (1987) and People v. Wright (2006), the medical marijuana defense can be applied to a charge of transportation of marijuana.

Return of Marijuana

Garden Grove v. Superior Court (Kha) ruled that patients do have a lawful right to the return of marijuana.

Jury Cannot Second Guess Lawful Medical Rx

The court, in People v Jones, ruled that the jury cannot second guess the validity of a medical marijuana prescription and that a patient's testimony is all that is required.  People v Spark (2004)

Police Officers Must be Qualified as Medical Marijuana Experts

The officer must be an expert in medical marijuana in order to claim that the marijuana was being used for sales. People v. Chakos (2007)

Conspiracy

A good faith belief in the medical marijauna defense is a defense to conspiracy to sell marijuana.  People v. Uriceanu (2005)

No Limit to Marijuana

People v. Kelly recently held that the legislature's enactment of quantity limits on California's medical marijuana law in 2003 constituted an unconstitutional amendment of the voter-passed Compassionate Use Act.

Contact Los Angeles Drug Crimes Attorney David D. Diamond today!
http://www.ladefender.com  213 250 9100

In 1996, California voters passed Proposition 215, commonly referred to as the Compassionate Use Act ("CUA").  The theory behind this vote to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes without criminal penalty. [1] After passage of Proposition 215, a great deal of confusion has erupted.   Marijuana patients have been searched, arrested and prosecuted for marijuana violations, partly because the act has been interpreted by many different eyes. As a result, California Legislature passed Senate Bill 420, which became law on January 1, 2004. After SB 420 became law, there have been numerous decisions by both the Court of Appeals and the California Supreme Court that have attempted to clarify the law.

Initially, the CUA provided protection for medical marijuana patients and their primary caregivers from prosecution for cultivation and possession of marijuana for medical use. They courts exhibited an initial fear regarding abuse of this law.  As such, the initial rulings were narrowly construed, in an effort not to overstep the wishes of the California voters. For the first few years medical marijuana patients and their caregivers were left unprotected from arrest and prosecution for the transportation and distributing of medical marijuana.  Drug task forces also seized the medical marijuana. Individuals were left with valid documentation proving their eligibility under the CUA, but unsure how legitimate they were. Consistency was lacking for all parties.  The decisions were left to local government and local law enforcement to determine how they would proceed under the laws.