As Riverside County medical marijuana criminal defense attorneys, we weren't surprised to see yet another police raid of a medical marijuana dispensary, this time in Fountain Valley. But a follow-up story in the Orange County Register May 26 caught our attention. According to the article, Ian Stubbs, a co-director of OCMS Healing Leaves, claims law enforcement made false claims that substances it seized from the dispensary were "hard drugs" other than marijuana. He also told the newspaper that the police decision to seize the dispensary's inventory and cash and freeze its bank accounts has made it unable to reopen and serve its patients. The Orange County district attorney's office is examining the evidence seized in the raids on the dispensary and two private homes, but no arrests had been made.
OCMS Healing Leaves and two private homes in Garden Grove were searched last week, the Register said. The police said they found three pounds of marijuana, more than 50 marijuana plants, three pounds of hashish and an ounce of methamphetamine. They also seized $600 to $800 from a cash drawer and several firearms. Stubb said the "methamphetamine" was actually a dietary supplement from GNC, the nutrition chain store, and the "hashish" was actually trimmings from marijuana processed to make cannabis butter, an ingredient in the edibles sold at many dispensaries. The counts of the marijuana and plants were accurate, he noted, but they were a legal part of the dispensary's operations, which serve 300 to 400 patients. Stubb said the dispensary has tried to follow state law -- but now that the police have seized its assets, it can no longer pay rent and must close its doors.
Our Tustin medical marijuana criminal defense lawyers wish Stubb and his colleagues the best of luck in resolving this problem. If Stubb's claims are true, it's not clear what charges Orange County prosecutors could bring -- or why the police raided them in the first place. Regardless of what law enforcement officers or neighbors think, nonprofit medical marijuana dispensaries are legal in the state of California. If OCMS Healing Leaves followed California law fully, they cannot be guilty of a California state marijuana crime. The police officers may have made a mistake with the amphetamine and hashish charges, but they may also have been looking for other charges to file, knowing that the dispensary was in compliance with medical marijuana laws. If that's the case, there's no crime -- and no grounds for the police to confiscate the dispensary's guns, cash and inventory.
Howard Law, P.C. believes that medical marijuana dispensaries should be permitted to operate without interference, as long as they are following the law. Unfortunately, law enforcement agencies, politicians and neighbors with axes to grind do not always agree. The result is needless harassment of small businesses that generate revenue for local governments while helping sick people feel better. And when criminal charges are brought, the result can be the wrongful imprisonment of people who pose no danger to society, not to mention the legalized theft of their money and property. Our Norwalk medical marijuana criminal defense attorneys defend clients who are threatened with jail or prison for actions that were legal under California state law. We also handle defense of criminal charges stemming from actions that went a step outside the law.
If you're accused of a crime related to legal medical marijuana in California, don't hesitate to call Howard Law, P.C. to learn more about how we can help. For a free consultation, call us toll-free at 1-800-872-5925 or send us a message online.
