California Criminal Lawyers Blog

In a move that surprised even the people who drafted its law, the Los Angeles city government has announced that only 41 dispensaries in the city will be permitted to stay open. As Orange medical marijuana criminal defense attorneys, we were very interested to see the Aug. 26 Los Angeles Times article announcing the decision. Medical marijuana dispensaries have become a political issue in Los Angeles, which led to strict laws on how many dispensaries may exist, where they may be and who may run them. To curtail what was seen as out-of-control numbers of dispensaries, the council said it would shut down shops that didn't meet the new legal requirements. However, the article said, the strict elimination process the city left only 41 shops, far fewer than the roughly 130 it expected to stay open.

Before the crackdown, it was estimated that about 580 dispensaries were operating in the city, which has 470 square miles of land. The ordinance regulating dispensaries was expected to shut down about 400, according to the LA Weekly. However, the Times wrote that using that ordinance to eliminate dispensaries left just 41 in the city, which even co-author and special assistant city attorney Jane Usher said was a surprise. A spokesperson for the city clerk said the office took a very strict interpretation of the ordinance, which required no more than one change of location, no changes in management and no serious criminal record for managers. Because the number left was so low, the article said, the city has suspended its efforts to choose between dispensaries, which could have inspired a new round of lawsuits by eliminated businesses. Instead, the city planned to file its own lawsuit Aug. 26, asking a judge to declare that its selection process was legal. No one will be shut down before a court ruling.

As the article notes, the city already faces almost 30 lawsuits by 85 dispensaries that have been asked to shut down. Our Torrance medical marijuana criminal defense lawyers suspect that it's right to expect more lawsuits from this admittedly strict selection process. This is particularly true because, as the LA Times notes, some of the eliminated dispensaries are among the most reputable in the city. Fundamentally, we believe the city is regulating medical marijuana dispensaries so harshly because politicians are trying to please a vocal minority that is against marijuana despite the lack of any real evidence of problems. For example, opponents of dispensaries frequently say they attract crimes, but have failed to cite statistics that show a greater-than-ordinary amount of crimes in and around the dispensaries. In that context, it's difficult to see the point of shutdown orders that make reputable collectives and cooperatives into ordinance violators and, by implication, dangerous "drug dealers."

Continue reading "Only 41 Medical Marijuana Dispensaries May Remain Under Strict Los Angeles Rules" »

As San Juan Capistrano drug crimes defense attorneys, we were pleased to see a news item about a man whose conviction was overturned due to an illegal police search. The Orange County Register reported Aug. 18 that a California appeals court has overturned several drug-related convictions against Douglas George Schmitz. Schmitz pleaded guilty in 2008 to four misdemeanors, including possession of a hypodermic needle and driving under the influence of drugs. But he believed that the search that turned up this evidence was undertaken without a warrant, and when the trial court refused to support that evidence, he appealed that decision. The Fourth District Court of Appeal's decision on Aug. 18 says the trial court should have suppressed the evidence because the police obtained it illegally.

The article says Schmitz was driving through a residential area with two other adults when a sheriff's deputy pulled them over. The deputy said she thought Schmitz was lost. When she saw that his arms were covered in abscesses, which is typical for intravenous drug users, she asked if he or anyone else in the vehicle was on probation or parole. Schmitz was not, but his front-seat passenger was. The deputy then asked for permission to search the car. Schmitz did not answer, so she searched the car anyway and ordered the occupants out. In that search, the deputy found a purse containing two syringes, a syringe cap and some methamphetamine, which eventually led to the charges against Schmitz. In its opinion, the appeals court said that even though the parolee passenger did not have a reasonable expectation of privacy because he was on parole, Schmitz had a reasonable expectation of privacy in every part of the vehicle but the seat where the parolee was sitting.

Our Corona drug crimes criminal defense lawyers are pleased to see that the appeals court is willing to uphold citizens' Fourth Amendment rights, even when the citizen may not have been blameless. The Fourth Amendment protects Americans from unreasonable searches and property seizures, and part of those protections is the right to deny police permission to search you unless there are circumstances allowing it. Evidence of a crime might be one such circumstance; parolee status is another. Because the parolee status of the passenger did not apply to Schmitz, the appeals court said the police should not have searched his car. We want our clients to take away an important lesson from this story: When the police violate your civil rights, you can and should challenge the evidence they get from doing so. Even though Schmitz actually pleaded guilty to the charges against him, the court in this case threw out his conviction, because the guilty plea came on charges that should never have existed in the first place.

Continue reading "Drug Convictions Overturned Because of Illegal Police Search of Accused Person's Car" »

As Riverside County medical marijuana criminal defense attorneys, we were interested to read an article about a medical marijuana arrest up north. According to an Aug. 11 article from the Marin Independent Journal, a woman from Mountain View is facing multiple drug charges after a traffic stop at which police found nearly three pounds of marijuana in her car. The California Highway Patrol says Sloopy Clarice Barreau was pulled over after officers spotted her weaving on the highway in San Rafael. Inside the vehicle, they smelled a strong odor of marijuana and searched the car. She said she is a medical marijuana provider but had documentation allowing only personal use.

According to the article, officers saw Barreau's vehicle on 101 north near North San Pedro Road early on the morning of Aug. 8. They say she was weaving, but there are no allegations that she was driving under the influence. Rather, the officers smelled marijuana and searched her vehicle, finding 1,200 grams of marijuana -- nearly three pounds -- along with packaging materials, marijuana seeds and photographs of a grow operation. She told officers that she was a medical marijuana provider trying to sell to dispensaries, but did not have documentation showing this. During the arrest, officers said, she was combative and charged at them. She has pleaded not guilty to resisting arrest, transportation of marijuana and possession of marijuana for sale, and will appear in court Aug. 17.

Our Placentia medical marijuana criminal defense lawyers do not recommend that clients fight officers, because this can result in additional charges like Barreau's resisting arrest charge. In fact, this account suggests Barreau's actions could complicate her defense -- but that doesn't mean her case is hopeless. If she is indeed a legal medical marijuana provider, she should be able to prove it in court using the proper documentation. In a fair court, this should result in dropping the two felony charges -- the transportation and possession for sale charges, which carry a combined total of up to seven years in prison. It should not in itself result in dropping of the resisting arrest charge, but this is a misdemeanor with no prison time. It's also possible that Barreau truly was attempting to sell to medical marijuana dispensaries, but without the proper documentation. This is not a good idea, but failure to follow bureaucratic procedures is not the same as selling illegal street drugs, and an experienced attorney should be able to make that case to a jury.

Continue reading "Bay Area Woman Found Driving With Medical Marijuana Faces Felony Drug Charges" »

As Chino Hills DUI criminal defense attorneys, we were interested to see a July 30 OC Register article about a man who pleaded guilty to DUI manslaughter. Richard Ernest Caselli, 37, pleaded guilty back in May to gross vehicular manslaughter while intoxicated, in a case stemming from the death of 52-year-old Brook Boynton of San Clemente. Caselli was accused of driving with a blood-alcohol concentration of 0.18, more than twice the legal limit, and also under the influence of cocaine before he rear-ended Boynton's SUV on a toll road. He had no previous DUI record, and his attorney argued for a lower sentence in part by citing Caselli's remorse. At the sentencing, Caselli received a four-year prison sentence, out of a possible range of probation to 10 years in prison.

The accident took place in October of 2009, on the San Joaquin Hills toll road (73). Caselli had allegedly spent five hours drinking cocktails at a bar in Newport Beach before driving south in his Volvo sedan. Witnesses said the Volvo was weaving in and out of traffic and reached speeds over 100 mph at times before rear-ending Boynton's SUV. The resulting crash flipped over the SUV and rolled it over, ejecting Boynton. Boynton died at the scene. Officers saw signs of intoxication from Caselli at the scene and took him into custody. He later entered a residential treatment facility and has expressed interest in working for MADD. He pleaded guilty to the DUI manslaughter charge in May, and his attorney had requested probation and one year in prison.

As Riverside County drunk driving criminal defense lawyers, we believe this is a good example of why some defendants might choose to plead guilty in a serious DUI case. Of course, we never, ever advocate entering a guilty plea if you truly did not drive drunk, and we can help clients in that situation prove their innocence. But in this case, Caselli's guilty plea seems to stem from remorse for his actions. The article does not mention blood test evidence related to the cocaine, but the presence of strong evidene may also have been a factor. The article note that Caselli sought treatment after the crash -- presumably meaning substance abuse treatment -- and wept through the statements given by Boynton's family and friends. By taking those steps and pleading guilty, Caselli may have avoided a much higher sentence than he might have faced if he tried to fight the charge against him. We note, for example, that the story mentioned no cocaine-related criminal charge.

Continue reading "Man Sentenced for Vehicular Manslaughter Under the Influence of Cocaine and Alcohol" »

As Oceanside drug crimes criminal defense lawyers, we were interested to read a piece about a man arrested for multiple crimes related to a marijuana "grow house." Derrick Frisco, 40, was arrested at the rented home where he lives on July 22, the Orange County Register reported the next day. Sheriff's deputies discovered that the million-dollar home was filled with another $1 million worth of marijuana plants, plus a growing apparatus to support them. The deputies served a search warrant on the home after receiving an anonymous tip from a neighbor. In addition to the plants, deputies found 40 vials of steroids inside. They also discovered that Frisco has been stealing electricity from the neighborhood utility, possibly to avoid creating high energy bills from the grow lights and irrigation system, which could have tipped off authorities.

Authorities said Frisco has been renting the home for about six years, but it's unclear how long it has been the secret site of a marijuana farm. Sheriff's deputies searching the home found a large amount of mold, which they speculated could have been the result of the indoor irrigation. In fact, deputies had to delay their search of the home because of concerns about the health effects of the mold in a confined space. Another part of the growing system was an illegal modification to the home's electrical system, which bypassed the meter and allowed Frisco to steal electricity. Officials said the modification was likely an attempt to avoid drawing attention to the house with excessive electrical bills. Frisco is charged with stealing the electricity, cultivating marijuana and possession of the steroids.

Our Laguna Beach drug crimes criminal defense attorneys suspect that Frisco will face more charges before everything is said and done. The amount of marijuana at issue is substantial, which means Frisco is very likely to be charged with possession for sale, as well as with cultivation. If law enforcement officers can prove that he sold, trafficked, transported or was under the influence of the marijuana, he could face further charges for those crimes. This is in addition to any sale and possession for sale of the steroids, which were also in the home in fairly large quantities. And of course, theft from a utility in this way is also illegal -- in fact, California law makes it a "wobbler" that can be charged as either a misdemeanor or a felony at the prosecutor's discretion. That's one reason why Frisco should speak to an experienced criminal defense attorney right away -- to get the best chance of minimizing his charges.

Continue reading "Man Arrested on Drug and Theft Charges for Marijuana 'Grow House' in Lake Forest " »

Our Chino medical marijuana criminal defense attorneys wrote in late April about a medical marijuana dispensary in Riverside County that doesn't have a fixed home -- it's run out of a motor home. We're sorry to say that a follow-up article dated June 14 says the dispensary has been forced by threats of criminal prosecution to move out of the city of Norco and into an unincorporated part of Riverside County, where city ordinances don't exist. According to the Riverside Press-Enterprise, Stewart Hauptmann moved his Pace Arrow motor home out of Norco after being cited by police for possession of drug paraphernalia and operating a dispensary. He says he has not received additional citations or had other problems since the move.

The article uses Hauptmann and his Lakeview Collective to talk about the next legal battle facing California medical marijuana dispensaries: whether it's legal to run a mobile dispensary or a delivery service. We wrote briefly about this last week, when Republican candidate for district attorney Steve Cooley said he believed these businesses are not legal. In fact, the Compassionate Use Act doesn't address mobile sales, which means there's no clear guidance. But in the meantime, more dispensaries are going mobile like Hauptmann to avoid harassment or zoning law violations created by city dispensary bans. Hauptmann himself told the newspaper that he left Norco after city authorities threatened him and his wife with a restraining order. He would have had to mortgage his home to fight the legal battle, he said, so he decided to move, even though it may do a disservice to his patients.

As Anaheim medical marijuana criminal defense lawyers, we're disappointed to see that people like Hauptmann are being forced out of cities through legalized harassment. Hauptmann may have violated Norco's dispensary ban -- the article doesn't say -- but as far as we know, he's not in violation of state medical marijuana laws. And that's the only available test for whether his collective is a legitimate medical marijuana collective. Given all of that, threatening him with prosecution is legalized harassment, possibly motivated by neighbors or law enforcement officers with personal prejudices against marijuana. Note that Hauptmann was also cited for possession of drug paraphernalia. Law enforcement may have wanted to charge him with drug possession, sales or trafficking, but would not have been able to -- because at the end of the day, his collective is legal under state law.

Continue reading "Mobile Medical Marijuana Dispensary Forced to Move Because of Drug Citation" »

Our Santa Ana drug crimes criminal defense lawyers were interested to see a story about a rare reversal of a prison sentence for probation violation. Even more unusually, the story is about a former Chicago Bears football player, "L.A. Mike" Richardson. According to a June 3 story from the Orange County Register, Richardson was on probation for sale of drugs in 2008, when a court found him in violation of that probation and sentenced him to 13 years in prison. But the Fourth District Court of Appeal found this week that Richardson had not violated the part of his probation he was accused of violating, although he may have violated another. It reversed the conviction and set him free after about 18 months in prison.

Richardson was part of the 1986 Super Bowl championship team and one of the Bears who recorded the Super Bowl Shuffle. But he became involved in drugs after retiring, racking up at least 20 drug offenses, including five felonies. The case before the appeals court stemmed from a 2006 arrest, in which officers found crack and amphetamines in Richardson's car. He was sentenced to probation, but was accused of violating that probation after he was found making out with a woman who was also on probation, violating a restriction against associating with other known drug offenders. Richardson was also accused of failing to register as a drug offender when he moved. However, the appeals court found that he had properly registered when he told his probation officer he had moved. And the conviction for associating with the woman who was "disapproved of" by his probation officer was unenforceably vague, the court found.

As Orange drug crimes criminal defense attorneys, we are pleased by this decision. We believe California's prisons are so full in part because we jail nonviolent drug offenders, and the description of Richardson's arrest suggests that he was one of them. People addicted to drugs, including people who sell to maintain their habits, need treatment rather than imprisonment. In Richardson's case, the probation violation arrest made the situation worse by criminalizing what appeared to be legal and harmless conduct, denying him a chance to kick his drug habit and build a new life. As the article notes, Richardson was convicted of associating with someone his probation officer didn't approve of -- a condition that is not only vague, but paternalistic. And because Richardson moved at the direction of his drug treatment counselor and told his probation officer, he was apparently obeying the spirit as well as the letter of his probation agreement.

Continue reading "Appeals Court Overturns Probation Violation Sentence for Former NFL Player" »

Our Wildomar medical marijuana criminal defense attorneys were disappointed but not surprised to see yet more harassment of medical marijuana dispensary owners by Los Angeles city officials. According to the Los Angeles Times, prosecutors began notifying the dispensaries May 4 that they had just over a month to comply with the city's previously passed ordinance that drastically limits where dispensaries can be located. Prosecutors told the newspaper they were optimistic that the one-month notice would compel significant compliance. Two lawsuits are challenging the rule on behalf of dispensary owners who say they followed the law; a third lawsuit is planned by patients protesting the law's drastic restrictions on where they may buy their medical marijuana.

The city's action is a move to enforce a law that proponents see as correcting uncontrolled growth of medical marijuana dispensaries. In 2007, the City Council placed a moratorium on approval of new business licenses for dispensaries, with an exception for businesses that registered with the city. That moratorium was not enforced well, and the ordinance being enforced now is an attempt to close down dispensaries that did not register. The dispensary owners' lawsuits are from owners of dispensaries that did register, and are now angry that a judge's ruling might lump them in with dispensaries that ignored the law. Business owners and patients also protest a part of the ordinance that places severe limitations on where dispensaries can be located, which they say would force patients to visit out-of-the-way areas like the downtown warehouse district to buy their medicine.

As El Segundo medical marijuana criminal defense lawyers, we have a lot of sympathy for that argument. As the attorney in the patients' lawsuit pointed out in the article, the law doesn't place greater restrictions on medical marijuana access than it does on access to any other drug with impairment or abuse potential such as Vicodin. The difference is the perception by "neighborhood activists" and law enforcement that medical marijuana is a front for criminal drug dealers. We don't doubt there are such dispensaries out there, but this is no reason to harass legitimate collectives and cooperatives that are operating within state law and the Attorney General's guidelines, the most thorough interpretation of the law currently available. Shutting down these small businesses is not legally justified, in addition to potentially violating the rights of the owners who have poured investments into them. During a recession, it may also be a poor financial move by the city.

Continue reading "Los Angeles Tells 439 Medical Marijuana Dispensaries to Close or Face Prosecution" »

As Seal Beach medical marijuana criminal defense lawyers, we were disappointed to read that the operator of a Lake Forest dispensary has pleaded guilty to criminal drug charges. The OC Weekly reported April 6 that Steven John Wick, 26, pleaded guilty to state-law charges of possession of marijuana for sale and selling marijuana. Wick operated the Health Collective dispensary in Lake Forest until November of 2009. His manager, Marilynn Geneva Manuel, 29, pleaded guilty to one count of possession of marijuana for sale. His co-owner, Tara Elizabeth Sorenson, 22, has been charged with three counts of selling marijuana and one count of possession of marijuana for sale.

Prosecutors in the case do not allege that Health Collective sold medical marijuana to people without a doctor's recommendation for it. However, they say state law does not allow medical marijuana sales from a dispensary. Instead, patients and their doctors must form collective or cooperative associations to grow and distribute the drug. The Health Collective defendants were accused of selling medical marijuana to customers with no cooperative or collective relationship with the dispensary. Wick's guilty plea will get him three years in prison, and a guilty plea expected in an earlier case is expected to get him another year. Manuel was sentenced to one year in prison, but the sentence was suspended as long as she completes three years of probation. Sorenson faces up to six years and eight months in prison if she is convicted on all counts.

Even though our Mission Viejo medical marijuana criminal defense attorneys support medical marijuana dispensaries, we understand why Wick and Manuel might have preferred a guilty plea. Wick's charges were the most serious, in part because his second set of charges came while he was out on bail from the first charges. Nonetheless, he is expected to serve less time than the maximum that Sorenson could face if convicted. A plea deal generally results in shorter sentences, but it also means prison, at least in serious cases, and a criminal conviction. In this case, there's a serious question about whether a crime was really committed. The guidelines set forth by California's attorney general, which are meant to guide law enforcement's actions, say explicitly that collective or cooperative storefront dispensaries may be legal as long as they follow the guidelines.

Continue reading "Medical Marijuana Entrepreneur Pleads Guilty to Selling Drugs" »

As Carson medical marijuana criminal defense attorneys, we were disappointed to see yet another raid on medical marijuana dispensaries by southern California law enforcement. The LA Weekly reported March 24 that the LAPD searched two dispensaries in Los Angeles March 23. Police said Medco Organics in Hollywood was operating too close to a school, but gave no reason for the raid on The Relief Co. in mid-city. According to the Associated Press, the raids resulted in the arrests of Stas Dolinsky, Rinaldo Cruzado and Noah Kleinman, all on suspicion of illegally selling marijuana. Officers seized one gun in the raids, along with unspecified amounts of pot and cash.

The raids come after the city and county's top prosecutors made it clear that they do not approve of legal medical marijuana sales. City Attorney Carmen Trutanich and county District Attorney Steve Cooley have said most medical marijuana dispensaries in the county are illegal because they are operating for a profit. This is against state law. Trutanich announced in mid-February that authorities would pursue cases against 21 dispensaries for various violations, including being a public nuisance and incorrect labeling. The Los Angeles City Council has also put strict limitations on how many and where the dispensaries may be. Dispensary owners and medical marijuana supporters say they are obeying state law and working to obey newer city ordinances, but are being unfairly targeted by politicians who dislike the legalization of medical marijuana.

We suspect that they're right. As Santa Ana medical marijuana criminal defense lawyers, we have noticed that the offenses behind the original search warrants are small offenses such as being a "public nuisance," which give police wide discretion. The raid on Medco Organics cites the dispensary for being too close to a school. If true, this violates a law that took effect nine days before the raid and is already the subject of a lawsuit seeking to overturn it. It's not difficult to believe that this is an attempt to harass dispensaries into shutting down. This may be politically advantageous for city councilmembers, Trutanich and Cooley, but it has life-altering consequences for those who end up arrested and charged with serious drug crimes. Not only could dispensary owners lose their small businesses and everything they've invested, but these three defendants now face years or decades in prison for "selling drugs."

Continue reading "Three Arrested for Drug Sales in Los Angeles Medical Marijuana Dispensary Raids" »

An Anaheim police officer resigned from his job after he was arrested for the third time for DUI with prescription drugs. Kevin Noel Schlueter, 37, pleaded not guilty to the first charge, which dates back about a year. The Orange County Register reported March 24 that two others were filed this week and last week, making them too recent for a plea. Each is a misdemeanor count of driving under the influence of prescription drugs. Schlueter was on unpaid administrative leave for about a year, but was placed on paid leave in November. After the Orange County Register reported on the situation earlier this month, the Anaheim Police Department said it would expedite its internal investigation into the matters. Schlueter resigned March 23.

Schlueter is not accused of causing any serious accidents or hurting anyone other than himself. In the first DUI arrest, which took place March 18, 2009, motorists on the 405 called 911 to report a possible drunk driver on the highway. A CHP officer was dispatched to wait for the vehicle, which almost weaved into the patrol car before the officer pulled it over. In the second incident, which took place Jan. 21 of this year, Schlueter is accused of being under the influence when he crashed his car through a backyard fence in Huntington Beach. Finally, on March 2, Schlueter allegedly crashed into three parked cars in his own street in Costa Mesa before reversing and crashing into a fourth. Personnel from an ambulance company across the street put him in the back of an ambulance to wait for police. In all of the cases, he is accused of being under the influence of various painkillers, stimulants, muscle relaxants and tranquilizers.

The articles don't mention any charges against Schlueter for possessing these substances illegally, so we'll assume he had legal prescriptions for them. In our experience as Redondo Beach intoxicated driving defense attorneys, many people don't realize that it's possible to be charged with a DUI for taking drugs that were legally prescribed to them. But in the case of prescription drug intoxication, California law requires only that prosecutors prove that the driver was under the influence of a drug (or a drug in combination with alcohol). That means you can be charged with any amount of a drug in your system, including a drug your doctor gave you. As Fullerton DUI criminal defense lawyers, we cannot overemphasize the importance of making sure any prescription drug that might impair you is completely out of your system before you get behind the wheel.

Continue reading "Police Officer Resigns After Third Charge of Driving Under the Influence of Drugs" »

Our Corona medical marijuana criminal defense attorneys know medical marijuana can be legally confusing. Even though state law allows marijuana to be sold and possessed for medical purposes, federal law bans it. As the Orange County Register pointed out March 9, the situation is further confused by ordinances in several OC cities banning dispensaries that provide the drug to more than one person. In Santa Ana, for example, the law allows qualified patients to possess marijuana, and allows hospitals and hospices to provide it, but does not allow storefront-type dispensaries. It was unclear what the city's objection was, but it has recently notified at least 29 suspected dispensaries operating within city limits that they are under criminal investigation.

Medical marijuana dispensary owners simply cannot get a permit from cities with this type of ban, which also include Anaheim, Yorba Linda and San Clemente. That's true even if they already have a state permit and collect sales taxes for the state. A lawsuit seeking to overturn the Anaheim law is on appeal, but in the meantime, some dispensaries are simply operating without a permit. Others have obtained city permits by lying about the nature of their business. And at least one, SoCal Compassion, has moved to an unincorporated part of the county. If a city with a ban successfully raids a medical marijuana dispensary, the owners face a fine and a complete shutdown of their business. They may also face criminal prosecution if law enforcement believes they have violated state medical marijuana laws.

As Placentia medical marijuana criminal defense lawyers, we are disappointed with these bans. Medical marijuana dispensaries are operating successfully and peacefully throughout California, and we have yet to see any evidence that they attract abnormal amounts of crime. However, it is undisputed that dispensaries pay state sales taxes and provide a service to people with valid medical marijuana prescriptions. Operating a business without a license is clearly not legal, but in this case, it's an understandable outgrowth of the untenable situation many dispensaries have been put into. We do not believe owners of law-abiding, legitimate medical marijuana dispensaries should be forced into a legal corner by anti-marijuana prejudices, and we certainly do not think they should be criminally prosecuted if they have followed state law.

Continue reading "City Ordinances Make State Licensed Medical Marijuana Dispensaries Illegal" »

Our Riverside County drug possession attorneys were disappointed to see an item about a Sacramento man convicted of a felony for trying to leave the state with legal medical marijuana. The Sacramento Bee reported March 10 that Matthew Zugsberger, 34, was convicted of marijuana possession, a misdemeanor, and felony transportation of marijuana. Zugsberger had a doctor's recommendation allowing him to possess up to five pounds of marijuana for medical use, treating pain from crushed vertebrae acquired in a deep-sea diving accident. He was stopped at the Sacramento airport on the way to New Orleans, carrying three pounds of marijuana. He said he planned to have his ex-wife and another chef turn the drug into food products, because he has trouble smoking.

The trial itself took a day and a half, but jury deliberations lasted more than three days and nearly ended in a deadlock. Jurors said they found the medical marijuana laws they were asked to interpret unclear. One juror pointed out that the doctor's recommendation for five pounds seemed to contradict California law, which authorizes marijuana use for "current medical needs." Complicating the case was a Jan. 21 California Supreme Court decision, which found that the state cannot impose limits on how much marijuana a patient may grow or possess. Ultimately, the jury convicted Zugsberger of possession and transportation, but acquitted him of possessing marijuana for sale, a felony. He is in jail awaiting an April 8 sentencing, where he could get up to four years in prison for the transportation count. He intends to appeal.

A previous article notes that the sales charges against Zugsberger were entirely based on the amount of marijuana he had in his possession. As Rancho Cucamonga drug possession lawyers, we know this is standard procedure under California law, which allows prosecutors to simply assume intent to sell if the amount possessed is greater than one ounce. As this case shows, some prosecutors are willing to assume this even if there is a legal doctor's order authorizing the patient to have more. This shifts the burden to prove no intent to sell to the defendant. We agree with the jurors that this situation makes no sense. Zugsberger was authorized to have much more than the amount he possessed. The article cited no evidence aside from the amount that he intended to sell it, and he offered a reasonable explanation for both the sale and the transport. Trying to leave the state with medical marijuana may have been foolish, but we don't believe it should have been called a crime.

Continue reading "Medical Marijuana Patient Convicted of Marijuana Possession and Transportation" »

A recent item from the Daily Pilot interested us greatly as Orange drug possession criminal defense attorneys, because it showed how police misconduct can shatter a case. According to the March 3 article, a Superior Court judge dismissed all charges this week against Brian David Heslington, 37, because the police had misrepresented the documents that supported a search warrant against him. As a result of that warrant, police found a controlled substance and a firearm at Heslington's home, leading to possession charges for both. The judge said the police officer responsible for the mistake had submitted "false or restless testimony" in support of the search warrant.

Heslington originally came to law enforcement's attention because of his involvement in a bar fight in Newport Beach, in which he and other Hell's Angels fought with another biker gang. More than a week later, on Aug. 6, 2008, the Newport Beach police searched Heslington's home. It wasn't clear what controlled substance was found or why the firearm was not legal. However, the charges were thrown out because of mistakes by Newport Beach officer Christine O'Donnell. She reportedly submitted uncertified documents when certified ones were called for, and submitted a photocopied court seal instead of an authentic one. Perhaps more importantly to the judge, she failed to clarify this in two separate court hearings. The judge's opinion said this made it possible that the search warrant was granted based on false statements.

This doesn't happen in every case our Fontana drug possession defense lawyers handle -- but when it does, it can weaken the case so badly that it must be thrown out. Search warrants must be based on court orders because they are an exception to our Fourth Amendment right to be free of unreasonable searches. Those court orders require judges to weigh the evidence carefully -- which they cannot do if they are given false or misleading statements. That is, lies and sloppy work from police undermine the protections in our justice system against police overreaching. And, as in this case, that means that the evidence from the search may be hopelessly tainted and must be thrown out. Without evidence, prosecutors generally don't have a case and must drop the charges entirely.

HOWARD | NASSIRI PC represents clients who are facing all types of drug charges, from simple possession to sales and trafficking. As with this case, many drug cases are built around a search, sometimes multiple searches or surveillance. And as with this case, those searches must be legal in order to hold up in court. Searches may be irrevocably tainted by tainted warrants; a lack of any warrant; traffic stops without reasonable probable cause or other violations. Our Buena Park drug possession criminal defense lawyers look carefully through each new drug case we take to find these and other violations of our clients' legal rights. These can form the basis of a strong defense, or sometimes allow us to negotiate for reduced charges with lighter, more reasonable penalties.

If you're charged with any kind of drug crime in California, don't assume you're guilty just because the police said you were. To discuss your options at a free, confidential consultation, please call HOWARD | NASSIRI at 1-800-872-5925 or contact us through the Internet today.

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.

Continue reading "Medical Marijuana Dispensary Operator Charged With 24 Felonies in Los Angeles" »