Faced with under-funded state services and a legislature seemingly unable to find the answer to the $20 billion deficit, voters in California voters will have the opportunity to consider one potential cash crop: taxes raised by the legalization of the sale of marijuana for adults at least 21 years old, and smoking marijuana in public or around minors would continue to be prohibited.  Currently, many people in California find themselves needing a criminal defense attorney because of marijuana or other drug related charges.   

 In November, voters will consider the very issue on a ballot measure that would legalize the distribution, possession, and cultivation of marijuana, while regulating and taxing that industry.  Advocates argue that taxing such businesses would raise $1.4 billion annually in tax dollars that could be used to bolster law enforcement and prison budgets that are already strained.

In 1972, a similar effort at legalizing marijuana failed to gain public support.  However, that campaign tried to justify legalization by offering evidence that marijuana was harmless and did not require regulation. 

Today, the campaign offers a different justification: money.    California has been hit hard by the recession, and the state’s budget shortfall has led to cuts in every state agency across the board.  By taxing the sales of marijuana that already take place illegally in an unregulated black market, the people of California as a whole stand to benefit. The law would permit licensed retail markets to sell up to one ounce to a customer. Those sales would be a new and welcome source of sales tax revenue for California.

And the measure enjoys a newfound high in support, with a 2009 Field Poll showing 53 percent of Californians support marijuana legalization.  Dan Newman, a San Francisco-based strategist in support of the measure, said he expects support for the bill to be bipartisan and widespread because Californians are worried about the economy.  “Voters’ No. 1 concern right now is the budget and the economy,” “makeing them look particularly favorably at something that will bring in more than $1 billion a year.”

The language in the law has an “opt out” clause that some cities and local governments might adopt.  Even some advocates, such as the director of the Drug Policy Alliance, imagines a modest implementation of the measure, with most local jurisdictions choosing not to legalize sales.  Yet, such opt-out provisions could reduce the fears that some may have about legalizing behavior they don’t personally condone.  Supporters believe this provision might even result in greater support from non-pot smokers who are yet undecided.  Opponents, such as Frank Schubert agree, stating that “There’s going to be a large sector of the electorate that would never do this themselves that’s going to sort out what the harm would be versus what the supposed good would be; that’s where the election is going to be won.”

In addition, between $10 and $20 million is expected to be raised in support of the proposition.  The primarily source of fundraising is expected to be small donations through the internet.  National groups are already planning to suggest that individuals donate $4.20 each, a nod to the slang name for the drug, “420.”

The state race for governor does not appear to ride on the debate, with all major candidates, including former eBay chief executive Meg Whitman,  insurance commissioner Steve Poizner, and  Jerry Brown all opposing the measure, although for different reasons.

On a national level, although the Obama administration has already indicated it will continue to honor laws in 14 states making the use of medical marijuana legal, it has not said the same about this proposition, which appears to conflict with federal law.   In that case, even if the law passes through a popular vote in California, a user or retailer might find themselves charged with a violation of federal law.  In that case, you would need a federal criminal defense attorney with experience fighting drug-related charges, like the attorneys at Elden Law Group.

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Tuesday, the L.A. City Council approved a medical marijuana ordinance that with the toughest rules in the state.  Advocates said the law drastically restricts access to an important drug, and may force many patients seeking relief to resort to illegal drugs, requiring the assistance of the best criminal defense attorney in Los Angeles. The measure will do little to calm the debate over how Los Angeles should monitor and control medical marijuana dispensaries.  The number of such establishments has exploded; hundreds can be found on the city’s major streets.  Yet, if there was ever a time to get the best marijuana brownie recipe, it has probably passed.

Some organizations might sue the city, and another might collect signatures for a referendum. The city attorney says state law does permit collectives to sell marijuana for a profit.  He has a lawsuit against a dispensary in Eagle Rock, hoping to get courts to decide the issue.  The L.A. County D.A. is also prosecuting dispensaries.  The number of people needing a criminal defense lawyer in Los Angeles appears to be increasing as well.

The ordinance, aimed at blotting out the image of Los Angeles as the weed Capital of the West, allows city officials to shut down dispensaries by the hundreds.  It also imposes restrictions on where dispensaries can be located.  These limits could eliminate most sites outside of isolated industrial parks. “It’s a disaster for patients,” said the director of the Union of Medical Marijuana Patients James Shaw.

Mayor Antonio Villaraigosa reportedly plans to sign the ordinance, as it reduces the number of dispensaries while keeping them 1,000 feet from schools and churches.  “This legislation isn’t perfect, but the mayor feels it is a step in the right direction, and it’s time to focus our attention on other pressing issues,” said spokeswoman Sarah Hamilton.

The 9-3 vote was the second on the ordinance.  Both times Bernard C. Parks, Jan Perry and Bill Rosendahl voted against it.   After the vote, council members said they were relieved that an ordinance would take effect soon.  Councilman Ed Reyes led the effort to draft the ordinance.  He admitted it may require changes.

The law will take effect once the City Council approves the fees that dispensaries pay for registration.   That process could take more than a month.

Although the ordinance allows only a total of 70 dispensaries to operate, there are exceptions.  For instance, it makes an exception for dispensaries that registered by 2007, that stay at their original locations, or that moved just once if their landlords were facing federal prosecution. City officials thought there are approximately 150 dispensaries that could meet these exceptions.

Other restrictions attempt to end the late-night pot scene that LA has developed: dispensaries must close by 8 p.m., marijuana use at the stores is banned, and patients may belong to and receive marijuana from only one collective, and dispensaries must not make a profit.  These changes make it essential that collectives, as well as patients, know and understand the law to avoid potential criminal charges. 

Hundreds of dispensaries have opened in L.A., and City officials believe up to 500 will be forced to close.

Once the ordinance comes into effect, the city attorney’s office plans to send letters to landlords and operators.  That process, according to Special Assistant City Atty. Jane Usher could take up to 45 days. That office expects a third to close, leaving the city to take those remaining to court.

Many of the allowed dispensaries have to move within six months in order to comply with the land-use restrictions. However, because the ordinance appears to give operators just weeks to tell the city where they are moving, some are panicked.

The ordinance requires that dispensaries are more than 1,000 feet from other dispensaries and schools, parks and libraries, and churches. Also, dispensaries must not be adjacent to or across a street or alley from residential properties. This requirement eliminates most commercial streets, such as Melrose, Pico, Ventura, or Lankershim, where alleys commonly separate stores from homes. 

The number of arrests for marijuana possession and cultivation is sure to go up.  If you think you may need a criminal law lawyer, call the Elden Law Group for a free consultation.

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