Our Laguna Woods medical marijuana criminal defense lawyers were disappointed to see prohibitionists win yet another round in Orange County Superior Court. According to a May 12 article from the Orange County Register, a judge has granted a request from the city of Lake Forest to shut down all medical marijuana dispensaries in the city. The ruling came in a court action by Lake Forest to enforce a zoning ordinance banning the dispensaries in commercial zones. It is a preliminary injunction, which means the court may change its order after a full case is heard. Dispensaries may also request an immediate stay of the order and ask an appeals court to reconsider it.
The ruling is part of a larger battle being fought around Orange County and all of California. Cities like Lake Forest have passed ordinances severely limiting where medical marijuana dispensaries may be located, or sometimes banning them outright. Advocates for medical marijuana say this is intended to drive dispensaries out of business entirely and is likely motivated by prejudice against marijuana because of its history as a street drug. Cities cite concerns about crime and quality of life in the areas where dispensaries are located. Lake Forest has sued 21 dispensaries since September; one has sued back, alleging that the city has violated state law. Some prosecutors, including Los Angeles City Attorney Carmen Trutanich, have also alleged that dispensaries are illegal because they are for-profit businesses, which dispensary owners deny.
Our Anaheim medical marijuana criminal defense attorneys are actively involved in these cases. We represent multiple dispensaries in Los Angeles that are suing the city to remain open. To some extent, this is uncharted legal territory, because there are few court decisions on issues like whether a dispensary is inherently for profit, or whether a city can outright ban dispensaries. That means dispensaries trying to comply with the law must rely on a statement from the Attorney General, the most thorough guide to California's Compassionate Use Act. The Lake Forest ruling is not final and only affects dispensaries in that city, but it's very likely that this case and others will be appealed. We suspect that the final say will come from the California Supreme Court -- or even the U.S. Supreme Court.
Howard Law, P.C. represents patients, cooperatives and collectives who are in legal trouble because of their use of medical marijuana. Law enforcement officers who don't like the idea of medical marijuana sometimes ignore the Compassionate Use Act or evidence that marijuana is legal under that Act, bringing criminal charges for perfectly legal behavior. In some cases, the accused can simply show their credentials and explain the situation, and charges will be dropped. But in others, our Lake Elsinore medical marijuana defense attorneys must defend our clients in court, proving that they broke no state law. We also represent people who are charged with crimes outside the Compassionate Use Act, including driving under the influence of medical marijuana, inappropriate sales or exceeding the limits for amounts of marijuana available.
If you're facing criminal charges related to medical marijuana, you should contact HOWARD| NASSIRI right away for help. To set up a free consultation, please call us at 1-800-872-5925 or send us a message through the Internet.
