As Long Beach medical marijuana criminal defense attorneys, we were extremely disappointed to see that Los Angeles County prosecutors are aggressively pursuing charges against legally operating dispensaries. As the Associated Press reported Feb. 18, the owner of a medical marijuana dispensary in West Los Angeles is charged with no fewer than 24 felonies, including possessing, transporting and distributing marijuana. All of the charges against Jeff Joseph, operator of Organica, stem from alleged violations of state law. State law recognizes a difference between medical marijuana and recreational drug use; federal law does not. Joseph pleaded not guilty, but his bail was set at $520,000.
According to the article, Joseph's charges are the result of an "intensive" investigation by state and federal officers, including undercover purchases by FBI agents. Joseph and other operators of medical marijuana dispensaries are also facing civil lawsuits filed by Los Angeles City Attorney Carmen Trutanich. Both the city and the county allege that the practice of selling marijuana over the counter is illegal even though possessing and using it is legal, which the medical marijuana community vigorously disputes. The courts have not yet ruled on this. The prosecutors also allege that the dispensaries are making a profit in violation of the Attorney General's guidelines, which say dispensaries should not be for profit. Joseph's Los Angeles medical marijuana defense lawyer said prosecutors had singled him out as a scapegoat for political reasons.
This criminal case could be very important, because it may give courts their first opportunity to rule on whether Cooley and Trutanich are right about over-the-counter marijuana sales. That's important to our Irvine medical marijuana criminal defense lawyers, because any court ruling could affect businesses all over Southern California and the state. We suspect that Joseph's attorney is correct that the prosecutions are politically motivated. However, there is ample evidence that over-the-counter sales are legal, including the fact that dispensaries must get a seller's permit and collect sales tax for the state Board of Equalization. The Attorney General's guidelines allow collectives and cooperatives to reasonably compensate their workers. And then there's the common-sense question of how patients can legally possess and use marijuana without a legal way to purchase it.
Based in Anaheim, Howard Law, P.C. represents dispensaries, operators and patients throughout California who are facing state criminal charges stemming from their legal use of medical marijuana. As this article may show, some prosecutors just don't like medical marijuana, no matter what the law says. Nonetheless, the Compassionate Use Act (Proposition 215) is the law in the State of California, and no one should be criminally prosecuted if they are following the law. Our Torrance medical marijuana defense lawyers can vigorously defend patients and operators who were wrongly charged with a drug crime. We also defend related charges, such as a DUI for driving under the influence of medical marijuana (which is still a crime).
If you're facing criminal charges despite having followed the law, you should call Howard Law, P.C. right away. For a free consultation, you can reach us through our site or call toll-free at 1-800-872-5925.
