Marijuana is now legal in California for medical and recreational use, but there are still plenty of ways to get into trouble if you don't understand the rules. Police continue to make arrests, and prosecutors continue to file criminal charges when they catch people growing or possessing excessive amounts of cannabis. The amount that may be considered "excessive" depends on the circumstances, though.
Since voters approved Prop. 64, individuals may grow up to 6 marijuana plants on a parcel of land. The 6-plant rule applies to each piece of land, not to each adult who lives on the land. For example, if 4 adults live together in one house, they may cultivate a total of 6 plants in the yard, not 24 plants. They may give away small amounts to other adults, but they may not sell their crop or trade it for anything of value.
Local cities have specific rules about personal cultivation that may be more restrictive than the statewide rules. Some cities, for instance, prohibit outdoor cultivation, or require that growers employ certain security measures.
If you are a qualified medical marijuana patient (you have a valid doctor's recommendation to use cannabis), then you may grow and possess as much as your doctor says you need to treat your condition. Be very wary, though, of quack doctors who sell "99-plant recommendations" for an additional fee. If you get caught growing 99 marijuana plants, you will be arrested. If you plan to assert a medical defense, the doctor who wrote the recommendation must convincingly explain to the judge that he actually performed a good faith medical examination, and that he sincerely believes that you need 99 marijuana plants as medicine. More likely, that doctor will simply testify that he has no recollection of meeting you (if he appears in court at all).
To cultivate marijuana commercially (for sale, or more than 6 plants on one piece of property), you must hold a license from the Bureau of Cannabis Control. The BCC issues various types of cultivation licenses, depending on the size of the growing space and whether natural or artificial lights are used.
If you're interested in applying for a commercial cannabis license, or if you've been arrested for cultivating marijuana, call us for a free attorney consultation. (714) 449-3335. Ask for John.
Thanks for reading.
Fullerton Marijuana Lawyer
Showing posts with label manufacture. Show all posts
Showing posts with label manufacture. Show all posts
Wednesday, July 11, 2018
Friday, October 30, 2015
Brag Board: 10/30/15
I haven't updated this blog lately because I've been so busy negotiating great deals for my clients. Here are a couple recent success stories that I wanted to take a moment to brag about.
-People vs. A.T. (Riverside): Deputies from the Riverside County Sheriff's Department served a search warrant at my client's house. They found hundreds of marijuana plants growing in an elaborate hydroponic system. My client also had several pounds of processed, dried marijuana, a few ounces of concentrated cannabis ("honey oil", "butane hash oil", or "BHO"), equipment used to manufacture the hash oil, cash, firearms and ammunition. As a previously-convicted felon, my client was legally prohibited from possessing guns and ammo.
My client was charged with 5 felonies: cultivation of marijuana, possession for sale, manufacture of concentrated cannabis, possession of firearms by a felon, and possession of ammunition by a felon. The maximum penalty was approximately a decade in prison.
We learned that the sheriffs had relied on a confidential informant to obtain their search warrant. We demanded to know the identity of the informant so that we could effectively challenge the legality of the warrant. I wanted to know who this person was, what type of information he had provided to the police, how the police determined that the information was reliable, and what the police told a judge to get the warrant.
In order to preserve the confidentiality of their informant, the DA made my client an offer that was too good to refuse: probation and a little house arrest. As part of the negotiated deal, my client may use medical marijuana while on probation.
I call that a win.
-People v. M.F. (Fullerton): The CHP and Anaheim PD found 15 pounds of marijuana in my client's apartment. She was charged with possession for sale. The maximum penalty was 3 years in prison.
In this case, police entered my client's apartment under a bogus pretext. They claimed that they were investigating a suspected burglary and that they were checking on the "welfare" of the resident, because they had observed an unknown subject fleeing from her balcony. Luckily, the cops were wearing body cameras and we could prove that their story was nonsense.
Again, the DA made my client an offer that was too good to refuse. They reduced the charge to a misdemeanor and ordered 10 days of community service. The minute my client completes her community service, probation will terminate. Once that happens, she will immediately become eligible for an expungement.
10 days of community service and a couple weeks of probation for 15 pounds of marijuana? We'll take it.
Both of these cases are good examples of why no self-respecting criminal defense attorney keeps track of his or her "win / loss" record. If you ever hear a criminal lawyer brag about his "win / loss" record like a boxer, you should be very skeptical. Maybe hire somebody else.
In many criminal cases, it's impossible to distinguish a true "win" from a true "loss". When a client is facing a long prison sentence and the evidence clearly shows that he committed the crime(s), but he accepts a plea deal that seems disproportionately light, does that count as a "win"? When the facts tend to show that my client belongs in prison, but I successfully negotiate a "slap-on-the-wrist", does that go down in the win column or the loss column?
I'm very proud of the work that I did on behalf of my clients in both of these cases, but both of the clients ultimately stood before a judge and pled "guilty". I consider both of the above-described cases to be "wins", even though both clients were convicted. And I still don't keep track of my overall "win / loss" record.
If you or a loved one is accused of a crime, call us for a free consultation. (714) 505-2468. Ask for John. Thanks for reading.
-People vs. A.T. (Riverside): Deputies from the Riverside County Sheriff's Department served a search warrant at my client's house. They found hundreds of marijuana plants growing in an elaborate hydroponic system. My client also had several pounds of processed, dried marijuana, a few ounces of concentrated cannabis ("honey oil", "butane hash oil", or "BHO"), equipment used to manufacture the hash oil, cash, firearms and ammunition. As a previously-convicted felon, my client was legally prohibited from possessing guns and ammo.
My client was charged with 5 felonies: cultivation of marijuana, possession for sale, manufacture of concentrated cannabis, possession of firearms by a felon, and possession of ammunition by a felon. The maximum penalty was approximately a decade in prison.
We learned that the sheriffs had relied on a confidential informant to obtain their search warrant. We demanded to know the identity of the informant so that we could effectively challenge the legality of the warrant. I wanted to know who this person was, what type of information he had provided to the police, how the police determined that the information was reliable, and what the police told a judge to get the warrant.
In order to preserve the confidentiality of their informant, the DA made my client an offer that was too good to refuse: probation and a little house arrest. As part of the negotiated deal, my client may use medical marijuana while on probation.
I call that a win.
-People v. M.F. (Fullerton): The CHP and Anaheim PD found 15 pounds of marijuana in my client's apartment. She was charged with possession for sale. The maximum penalty was 3 years in prison.
In this case, police entered my client's apartment under a bogus pretext. They claimed that they were investigating a suspected burglary and that they were checking on the "welfare" of the resident, because they had observed an unknown subject fleeing from her balcony. Luckily, the cops were wearing body cameras and we could prove that their story was nonsense.
Again, the DA made my client an offer that was too good to refuse. They reduced the charge to a misdemeanor and ordered 10 days of community service. The minute my client completes her community service, probation will terminate. Once that happens, she will immediately become eligible for an expungement.
10 days of community service and a couple weeks of probation for 15 pounds of marijuana? We'll take it.
Both of these cases are good examples of why no self-respecting criminal defense attorney keeps track of his or her "win / loss" record. If you ever hear a criminal lawyer brag about his "win / loss" record like a boxer, you should be very skeptical. Maybe hire somebody else.
In many criminal cases, it's impossible to distinguish a true "win" from a true "loss". When a client is facing a long prison sentence and the evidence clearly shows that he committed the crime(s), but he accepts a plea deal that seems disproportionately light, does that count as a "win"? When the facts tend to show that my client belongs in prison, but I successfully negotiate a "slap-on-the-wrist", does that go down in the win column or the loss column?
I'm very proud of the work that I did on behalf of my clients in both of these cases, but both of the clients ultimately stood before a judge and pled "guilty". I consider both of the above-described cases to be "wins", even though both clients were convicted. And I still don't keep track of my overall "win / loss" record.
If you or a loved one is accused of a crime, call us for a free consultation. (714) 505-2468. Ask for John. Thanks for reading.
Tuesday, June 16, 2015
I Was Arrested for Cultivation, But I Have a Medical Marijuana Card
Qualified patients in California may possess, cultivate, transport and use marijuana for medical purposes. State laws provide some degree of protection against criminal prosecution if the patient can prove that he or she possesses a valid recommendation from a doctor and that the quantity of marijuana possessed is reasonably related to his or her medical needs.
Keep in mind, however, that marijuana remains illegal in California.
The protections described above may establish a defense against criminal charges after you have been arrested, but don't expect police to simply "look the other way" if they catch you cultivating, possessing, transporting or using marijuana. Remember, a valid medical marijuana recommendation is a defense in court, not an immunity against being arrested on suspicion of some marijuana-related crime.
Police don't have the time, training or interest in determining the validity of your recommendation. They don't understand the nuances of California's complicated medical marijuana laws (and they aren't expected to). They know how to make arrests and write reports.
Even if you are within your rights and you only cultivate a small amount of marijuana for personal consumption, you can still be arrested. Your house can be searched and you can be prosecuted for anything that is discovered during your arrest -- this includes illegal guns, drugs, stolen property / utilities, etc. You will have to post bail, hire an attorney and appear in court. Put simply, you will be treated like a criminal.
Once you appear in court, you and your attorney will have an opportunity to present a defense based on your status as a qualified patient. This may include calling your doctor as a witness to establish the fact that your recommendation is legit and valid. Of course, a recommendation is only as good as the doctor who is willing to come to court and testify that he or she actually wrote it. If the doctor is M.I.A., you could be S.O.L.
Presenting a medical marijuana defense gets complicated if you are accused of possession for sale, manufacturing concentrates or possessing other contraband. You may have a defense based on an unlawful search, mishandled evidence, improper police work or by proving that you operate a "collective", even if the collective itself is unlicensed.
If you or a loved one is accused of any marijuana-related crime, regardless of whether or not you are a "qualified patient", call our firm for a free consultation. We know how to protect your rights and your criminal record. (714) 505-2468. Ask for John.
Thanks for reading.
Keep in mind, however, that marijuana remains illegal in California.
The protections described above may establish a defense against criminal charges after you have been arrested, but don't expect police to simply "look the other way" if they catch you cultivating, possessing, transporting or using marijuana. Remember, a valid medical marijuana recommendation is a defense in court, not an immunity against being arrested on suspicion of some marijuana-related crime.
Police don't have the time, training or interest in determining the validity of your recommendation. They don't understand the nuances of California's complicated medical marijuana laws (and they aren't expected to). They know how to make arrests and write reports.
Even if you are within your rights and you only cultivate a small amount of marijuana for personal consumption, you can still be arrested. Your house can be searched and you can be prosecuted for anything that is discovered during your arrest -- this includes illegal guns, drugs, stolen property / utilities, etc. You will have to post bail, hire an attorney and appear in court. Put simply, you will be treated like a criminal.
Once you appear in court, you and your attorney will have an opportunity to present a defense based on your status as a qualified patient. This may include calling your doctor as a witness to establish the fact that your recommendation is legit and valid. Of course, a recommendation is only as good as the doctor who is willing to come to court and testify that he or she actually wrote it. If the doctor is M.I.A., you could be S.O.L.
Presenting a medical marijuana defense gets complicated if you are accused of possession for sale, manufacturing concentrates or possessing other contraband. You may have a defense based on an unlawful search, mishandled evidence, improper police work or by proving that you operate a "collective", even if the collective itself is unlicensed.
If you or a loved one is accused of any marijuana-related crime, regardless of whether or not you are a "qualified patient", call our firm for a free consultation. We know how to protect your rights and your criminal record. (714) 505-2468. Ask for John.
Thanks for reading.
Friday, November 11, 2011
Turd Stew Update
Sorry I've been lagging a bit on this update. I've been out of the office the past few days crusading for truth and justice.
This past Tuesday, plaintiffs published the text of the latest lawsuit challenging the Obama Administration's crackdown on California's Medical Marijuana Program. As previously reported here, a coalition of medical marijuana growers, patients and collectives is seeking injunctive relief to block enforcement of federal marijuana laws as they relate to individuals who comply with California's voter-approved medical marijuana system.
Attorneys Matthew Kumin, David Michael and Alan Silber filed the case of Marin Alliance for Medical Marijuana v. Eric Holder, et al. in all 4 of California's federal judicial districts. Read the 30-page motion in support of the preliminary injunction here.
A preliminary injunction is an order from a judge to stop doing something until the legal issues can be more definitively decided by a court. In this case, the plaintiffs are asking a federal judge to order the DEA to cease raids against medical marijuana growers and collectives until the law can be more clearly settled.
As anticipated, plaintiffs are relying on at least 5 distinct arguments in support of their injunction: collateral estoppel, the 5th / 9th Amendments, the 10th Amendment, the 14th Amendment and the Commerce Clause of the US Constitution.
Bear with me as a try to break these arguments down --
Collateral estoppel is the idea that a party to a lawsuit shouldn't be allowed to change his or her mind to the detriment of someone else. Once you've staked out a position on an issue in a case, you can't shift your position if by doing so you screw over the other party. Once you have argued position X and other parties act in reliance on your position, you are "estopped" from later arguing position Y.
In the 2009 case of Santa Cruz v. Eric Holder, the Justice Department assured a federal judge that the DEA would not expend federal resources to prosecute medical marijuana providers who act in compliance with state law. In reliance on that officially stated position, marijuana dispensaries proliferated across the Golden State. Cooperatives invested time, money and resources to expand their operations under the faith that they would not be attacked by a flip-flopping DEA. Without warning or explanation, the Justice Department abruptly shifted its position re: medical marijuana within the past couple months. Long story short: dispensaries got shafted by acting in reliance on the officially stated position of the DEA's lawyers.
The 5th / 9th Amendment arguments relate to the "fundamental rights" to ameliorate pain and to act upon a doctor's recommendation. Among other rights enshrined in the 5th Amendment is the right to Due Process, which has been interpreted to ensure "fundamental rights". Fundamental rights are those rights which aren't explicitly enumerated in the Constitution, but which the Framers must have assumed exist without needing to be specifically mentioned. Fundamental rights include things like the right to raise your own children, the right to enter into contracts and the right to travel freely throughout the country. The 9th Amendment ties in with the 5th Amendment because it states that citizens hold rights beyond those expressly enumerated in the Constitution.
When the courts need to decide whether or not a right is "fundamental", they look at whether or not the right is "deeply rooted in the nation's history and tradition" and whether or not the asserted right is "implicit in the concept of ordered liberty". Plaintiffs are now arguing that the right to take medicine and to act under a doctor's recommendation are "fundamental" and that they are implied under the 9th Amendment.
The 14th Amendment assures, among other things, equal protection under the laws. It prohibits arbitrary distinctions and capricious enforcement where those distinctions are not founded on some "rational basis". The argument here is based on the fact that, among the 16 states that allow for the medical use of marijuana, California is seemingly being singled out for heavy-handed enforcement. California's system is more stringent and less permissive than other states, where marijuana consumption is allowed at dispensaries (Oregon) and where for-profit sales of marijuana is permitted (Colorado), which creates the impression that the current crack-down is political in nature and not "rational".
The Commerce Clause and 10th Amendment arguments are outlined under "The Turd Stew Thickens", below.
This is certainly going to be an up-hill fight for the plaintiffs, but a preliminary injunction isn't out of the picture. It's foreseeable that a progressive California Federal District Court could block enforcement until such time as the laws can be more clearly established. The Commerce Clause arguments have been roundly rejected before, but the collateral estoppel angle is novel. Stay tuned for updates as they become available.
Tuesday, November 1, 2011
Welcome to John Bussman's SoCal Law Blog!
Welcome to the newest law blog serving all of Southern California.
My name is John Bussman and I'm a licensed attorney focusing primarily on criminal defense. I work with the Law Offices of Rizio & Nelson. We have offices conveniently located in the Counties of Orange, Los Angeles, Riverside and San Bernardino.
The attorneys at Rizio & Nelson have extensive experience defending against all types of criminal charges, including (but not limited to) DUI / Drunk Driving (including DMV hearings), drug charges (possession, cultivation / manufacturing, sales, medical marijuana, trafficking / transportation, etc.), violent crimes (assault, battery, murder), domestic violence and sex crimes. We offer convenient payment plans with affordable monthly payments for any budget. If you or a loved one is accused of a crime, call me any time at (888) 292-8888 or email me at jbussman@rizioandnelson.com for a free consultation.
This blog is devoted to matters of criminal justice and the legal system here in Southern California. I'll be regularly updating the site with news, analysis, advice, pearls of wisdom and anything else relevant to local justice. Check back frequently for the latest updates and feel free to submit any questions to the email address above. I'll do my best to answer those in a timely manner.
My name is John Bussman and I'm a licensed attorney focusing primarily on criminal defense. I work with the Law Offices of Rizio & Nelson. We have offices conveniently located in the Counties of Orange, Los Angeles, Riverside and San Bernardino.
The attorneys at Rizio & Nelson have extensive experience defending against all types of criminal charges, including (but not limited to) DUI / Drunk Driving (including DMV hearings), drug charges (possession, cultivation / manufacturing, sales, medical marijuana, trafficking / transportation, etc.), violent crimes (assault, battery, murder), domestic violence and sex crimes. We offer convenient payment plans with affordable monthly payments for any budget. If you or a loved one is accused of a crime, call me any time at (888) 292-8888 or email me at jbussman@rizioandnelson.com for a free consultation.
This blog is devoted to matters of criminal justice and the legal system here in Southern California. I'll be regularly updating the site with news, analysis, advice, pearls of wisdom and anything else relevant to local justice. Check back frequently for the latest updates and feel free to submit any questions to the email address above. I'll do my best to answer those in a timely manner.
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