Blog
CALL US FOR A FREE CONSULTATION
Call Us831-426-5800 Call Us831-566-4357
303 Potrero Street, Suite 30, Santa Cruz, CA 95060
Subscribe to this list via RSS Blog posts tagged in medical marijuana

California marijuana DUI lawyerMedical marijuana has been legal in California for two decades. Last year’s election also brought an approval of recreational cannabis use in California. Unfortunately, there is still a lot of confusion about what it means to drive under the influence of marijuana. Learn more about the laws, and what you can do if you are arrested for driving under the influence of cannabis.

California Still Lacks a Definitive Limit

With alcohol intoxication, the law is straightforward: anyone driving with a blood alcohol content of 0.08 or greater is subject to criminal charges. With cannabis, there is no such limit. Recently, a bill that would impose a 5ng/ml blood level for delta-9-tetrahydrocannabinol (THC) was passed through the Committee on Public Safety. It is now heading to the Committee on Appropriations. Until it passes fully through the system, the law remains confusing and contradictory. There is no limit, and that means one person might be arrested for trace amounts, despite not being intoxicated, but another person might not be.

...

A California lawmaker is proposing a form of zero tolerance rule to driving under the influence of medications under California law. The measure proposes to make any detectable amount of any drug listed in California's schedules of controlled substances would suffice to bring California drugged driving charges against a driver.

The Santa Ana, California state senator says that the proposal would make an exception for medications that are duly prescribed by a doctor and taken in accordance with the medically prescribed dosage. The exception reportedly would account for medical marijuana law in California.

Some commentators compare the drugged driving proposal to the legal limit to drive set for alcohol. California law presumes that a driver is impaired at an alcohol level of 0.08 percent blood alcohol concentration. However, the measure proposes to give law enforcement and prosecutors the ability to bring DUI charges based upon any detectable amount Class I through IV drugs and medication for drivers who have no prescription.

...

Issues over medical marijuana in California continue to make headlines. Reports over the conflict between California's state law governing medical marijuana and federal laws making pot unlawful per se are frequently in the news. Despite the number of years that California has recognized medpot, interpretation of the law remains a matter of dispute that Santa Cruz criminal defense lawyers continue to champion in court.

But what about more localized rules that tend to modify California marijuana laws? Take, for instance, the recent decision of the Sacramento City Council. The panel debated for roughly two hours Tuesday whether or not to allow outdoor cultivation of medical marijuana within Sacramento's city limits.

At the conclusion of the debate, the council reportedly voted 8-1 to have an ordinance drafted to prohibit outdoor grows, apparently regardless of whether or not the cultivation operation complies with California medical marijuana laws.

...

It did not take long for a group of former cops, prosecutors and judges to voice their opinion of a proposed measure that seeks to create a zero tolerance type policy for driving under the influence charges involving pot. This blog discussed the new proposal last week, and members of Law Enforcement Against Prohibition have written the assemblywoman who introduced the bill, urging that she immediately withdraw the measure.

Ten retired police officers, deputies, prosecutors, judges and other criminal justice professionals signed the letter calling for withdrawal of the DUI drug-related bill, saying that the draconian measure would criminalize driving by any California medical marijuana patient, even if the patient was not impaired at any time near the time of the arrest.

The criminal justice veterans acknowledge that California law already prohibits driving under the influence of drugs, based upon evidence that the pot, prescription medications or other drugs have caused impairment of the driver. The group says that the current flawed California DUI bill prohibiting pot-based driving without the need to show impairment would make driving illegal for up to 30 days after a medical marijuana patient lawfully smokes pot.

...
Tagged in: DUI medical marijuana

A California Assemblywoman says the state needs a way to collect data on marijuana related fatal crashes. She says that, "One of the problems we faced as we continue to research this issue is that data specifically related to marijuana is not being collected." She apparently now hopes to have California drivers charged with DUI in order to have a new method to collect data.

She has introduced a proposal that essentially eliminates the necessity of the state to show impairment in marijuana cases. Currently, California laws on driving under the influence prohibit drugged driving. However, the Assemblywoman wants to change DUI laws in the state to allow convictions to be based upon any detectable level of marijuana compounds, or cannabinoids, in a driver's system. Marijuana compounds can remain detectable for weeks after a person uses marijuana.

Advocates for the legalization of marijuana are vehemently opposed to the new proposal. The measure would essentially make it a crime for drivers to get behind the wheel for weeks after using pot. The Assemblywoman who has introduced the concept to essentially eliminate impairment in marijuana related DUI cases admits that the language of the bill "is not perfect." She says she does not intend the proposed measure to impact Californians who have a prescription for medical marijuana.

...

Officials at a Southern California youth probation camp say they saw an increase in contraband entering the camp. Authorities say that conducting searches at such probation camps are not unusual, even searches of visitors who come to the camps to see probationers. However, due to the perceived increase of drugs, primarily marijuana, allegedly found in dorm rooms at the Sam Dimas area camp, authorities stepped up efforts during searches of visitors.

A 44-year-old Pomona woman who recently went to the probation camp to visit her son was arrested on suspicion of possession of illegal drugs. Authorities at Camp Glenn Rockey in San Dimas say they found bundles of marijuana and a medical marijuana card during a search of her purse. Authorities claim the marijuana card is fake.

After the alleged discovery of marijuana at the controlled juvenile facility, police arrested the woman on serious California drug possession charges. She was taken to the Century Regional Detention Facility and booked on suspicion of drug charges, and held on $35,000 bail.

...

Authorities say that a law enforcement investigation into a string of California burglaries led to a number of recent arrests on a variety of charges, including allegations of gang involvement. One man was arrested on attempted burglary and conspiracy charges. Three other men reportedly were later arrested on weapons charges with allegations of gang enhancements.

Apparently, Visalia police responded to a call reporting suspicious activity. Police say the report claimed four men were attempting to break in to a backyard in Visalia. Law enforcement claims a medical marijuana grow was located on the property. News reports do not suggest the marijuana grow was illegal under California law.

A parole agent reportedly was in the same area around the same time. The parole agent claims to have seen the men drive away from the Visalia property. The parole agent claims the men stopped, but fled when the parole agent confronted the four men.

...

Santa Cruz County deputies announced this week that they have arrested an Aptos man on suspicion of drug charges. Sheriff's deputies reportedly raided the 47-year-old man's home Tuesday. Law enforcement claims they received a number of tips regarding a possible marijuana cultivation operation and sought a search warrant, apparently based upon the tips.

Deputies say the Aptos man was arrested during the police search. Authorities admit the man had a marijuana prescription. The man's medicinal medical marijuana card entitles him to grow a limited amount of medical marijuana for his personal use. Deputies, however claim the man rarely used marijuana personally.

Law enforcement says they found 500 marijuana plants and 4 pounds of processed marijuana in the Aptos home during the Sheriff's Office raid. Deputies further claim they found a scale and packaging material during the search. Authorities believe the alleged operation was capable of generating more than $150,000 annually. Law enforcement claims the man used the marijuana grow operation as his main source of income.

...

Three Californians are facing marijuana and child endangerment charges in relation to an alleged illegal marijuana growing operation. One of the men reportedly is 17-years-old. The allegations allege the group was using the Internet to sell marijuana. The three were reportedly specifically arrested on suspicion of cultivation of marijuana, possession of marijuana for sale and child endangerment.

The three Porterville residents were arrested after raids of properties located in Porterville and California Hot Springs. Law enforcement claims the searches at the properties followed a two-month probe into allegations that the group of Californians was selling marijuana through YouTube.

Deputies with the Sheriff's tactical Enforcement Personnel unit in Tulare County reportedly made the arrests after allegedly locating indoor and outdoor grows of medical marijuana that law enforcement claims exceeded allowable amounts under California law.

...

A 62-year-old Chico man was arrested in October 2010 after a traffic stop near Tahoma, California. Police claim they discovered 103 pounds of processed pot in the man's vehicle during the traffic stop. The man reportedly was en route to a South Lake Tahoe pot cooperative. The man argued that he was in full compliance with California's medical marijuana laws at the time of the October arrest.

Before any ruling was made in the court proceedings in El Dorado County, prosecutors reportedly dropped the charges against the accused, but that may not be for long. Officials claim the man was involved in a pot growing operation in Butte County. The El Dorado marijuana charges reportedly were dropped pending the outcome of separate charges in Butte County.

After the original arrest, El Dorado County officials say they served a search warrant at the man's residence near Chico. Law enforcement claims they seized 295 pounds of marijuana and 62 plants during the search.

...

Public views on marijuana and the laws regulating the herbal substance are constantly changing. The debate about marijuana and its effects have caused states and legislatures all over the country to reconsider legalizing the drug. Some states already have - in the form of medical marijuana. Since medical marijuana became lawful (and popular), manufacturers are coming up with alternative ways to produce the product. 

Marijuana soda is the latest craze that will soon hit market shelves. Manufactured by a California soda maker in Soquel, California, Canna Cola (as it will be called) will reach medical marijuana dispensaries in Colorado in just a few months.

The manufacturer says the new soda line will include the "flagship cola drink Canna Cola, Dr-Pepper-like Doc Week, the lemon-lime Sour Diesel, the Grape Ape, and the Orange Kush." Each 12-ounce bottle will include 35-65 milligrams of  tetrahydrocannabinoil (also known as TNC and the main ingredient in pot).

...

Proposition 215 legalized medical marijuana in 1996, upon a doctor's recommendation. In 2003, California created a state marijuana ID card program. It was two years before the program got off the ground with the launch of the ID card in 2005. The optional ID cards have not become as popular as officials expected.

Possession of a small amount of marijuana, up to an ounce, is not an offense that can subject a person to arrest under California state law. With medical marijuana, however, problems can often occur. The California marijuana ID cards were created to help protect Californians from arrest or having their medical marijuana seized by law enforcement.

The ID cards are optional, but many say their cost make them unattractive to many Californians. In 2007 the fee for the cards jumped from $13 to $66. Patients covered under Medi-Cal pay half that rate. Counties add their own fees to the cards that can push the price to over $100 each year.

...
Tagged in: medical marijuana
Back to Top