As Los Angeles medical marijuana criminal defense attorneys, we were interested to see a recent report on the growth of medical marijuana delivery services. An investigative report by KQED and the Center for Investigative Reporting found that as more and more cities ban or severely restrict medical marijuana storefronts, collectives and cooperatives are responding by going mobile. The resulting services deliver marijuana to the customers' doorsteps. The story, which ran on NPR June 9, says the legality of the practice is disputed. But in a June 9 article from the Associated Press, current Los Angeles district attorney and Republican attorney general candidate Steve Cooley says he believes the practice is illegal.
Cooley's position is not exactly new. He is already known as an opponent of medical marijuana dispensaries; he says any sale of the drug is illegal. Medical marijuana advocates dispute this, pointing to a statement from a prior attorney general suggesting that storefront sales are legal as long as the dispensary is not for profit. Now, Cooley says people who deliver medical marijuana and online sellers could both face felony charges for drug sales. This argument is echoed in the Center for Investigative Reporting piece, which quotes a subordinate of Cooley's saying that there's nothing in the Compassionate Use Act that explicitly allows marijuana delivery or online sales. However, advocates argue that a delivery service is still a medical marijuana collective under the law and should be legal as long as other parts of the law are followed.
Our Tustin medical marijuana criminal defense lawyers strongly agree. Under Senate Bill 420, the transportation of medical marijuana is legal within California as long as you are in compliance with local and state laws. It's true that this does not specifically allow delivery services, but it also does not specifically forbid them. Collectives and cooperatives need only follow the existing state law and attorney general's guidelines that clarify that law, as well as any local laws affecting their work. In a way, that's what collectives and cooperatives are doing when they convert from a banned storefront to a delivery service. A delivery service may even be more valuable for patients. As the Center for Investigative Reporting piece notes, people who are unwell enough to need medical marijuana may prefer to stay home and take a delivery anyway.
Howard Law, P.C. aggressively defends medical marijuana patients, caregivers and others who are criminally charged in connection with their use of legal medical marijuana. The attorney general's guidelines and court decisions have made it clear that storefront dispensaries are legal and that local police should not attempt to enforce federal drug laws against patients who are complying with state medical marijuana laws. Nonetheless, politicians and law enforcement officers who personally disapprove of marijuana continue to harass and criminally charge caregivers and patients. Our Chino medical marijuana criminal defense attorneys believe no one who is provably in compliance with California medical marijuana law should ever go to state prison because of anti-cannabis prejudice.
If you're criminally charged in California in connection with legal medical marijuana, don't hesitate before calling Howard Law, P.C. for help. To set up a free consultation, please contact us online or call 1-800-872-5925.
