If you've been following the fight over medical marijuana in Orange County, you may recall that the city of Lake Forest recently ordered all of the dispensaries within city limits to close. Our Riverside medical marijuana criminal defense attorneys are proud to say that we're a part of the fight by some dispensaries to stay open. As KPCC reported June 18, some dispensaries defied the late May order to close, causing lawyers for the city to seek a ruling holding them in contempt of court for failing to follow that order. Our partner, Damian J. Nassiri, represents one client that filed an appeal of that order last week, which means we've asked a higher court to reconsider whether the trial court's order was legally correct.
The problem stems from Lake Forest's attempt to use zoning law to drive out medical marijuana dispensaries. The dispensaries are legal under state law, but the city and many others in California have discovered that they can use city zoning laws to deny business permits to dispensaries. These cities claim they cannot license dispensaries because marijuana is illegal under federal law. Trial court have upheld this reasoning; the issue is currently before the California appeals courts. As a result, however, a court ordered the Lake Forest dispensaries to shut down. The one dispensary that remains in defiance of that order is our client, Lake Forest Wellness Center and Collective. As we noted in the Orange County Register, the city has not served our client with formal notice to shut down. We also believe that filing an appeal should stay the contempt order until a decision on the appeal is made.
As San Clemente medical marijuana criminal defense lawyers, we're sorry it's come to this. As Damon Harris told the newspaper, the collective has not violated state law, so it's unclear why the city believes it should leave. We believe city dispensary bans are an attempt to end-run around the Compassionate Use Act, which some cities, neighbors and police officers may dislike for their own emotional reasons. This would not be a sound basis for public policy that defies state law and the will of the votes. In addition to denying patients their legal medication, this means our clients could lose their businesses and all of the investment they put into them; and could also face criminal penalties for contempt of court or any "nuisance violations" the police can find to cite them for. In some cases, Californians who run legal dispensaries have even been charged with drug crimes, which carry years in state prison and can destroy a law-abiding person's life.
If you're involved in legal use of medical marijuana in California and you face unfair criminal charges, you should talk to HOWARD | NASSIRI PC right away. We actively and aggressively defend clients who are facing civil shutdown orders, criminal charges or citation, contempt of court and other penalties. California law has very clearly legalized marijuana for medical purposes, and the most accurate guideline to date remains the attorney general's statement on how dispensaries and patients may operate. As long as you are in compliance with that document, our Carson medical marijuana criminal defense attorneys do not believe you should face criminal penalties. In cases like those, we can sometimes have drug charges thrown out of court simply by producing paperwork showing that the accused has proper medical marijuana credentials and committed no crime. If the case goes to court, we will vigorously defend clients whose lives and livelihoods are threatened by unjust criminal penalties.
HOWARD | NASSIRI offers free, confidential consultations to all potential clients, so there's no risk in speaking to us about your rights and your case. To set up a consultation, contact us through the Internet or call 1-800-872-5925 today.
