Drugs

Littlefield V. County of Humboldt: Validity of Prescription Medical Marijuana at Discretion of Police Officers (Prop. 215, CA Health and Safety Code 11362.5)

In a landmark decision, a First Appellate District Court has upheld the original decision in Littlefield v. County of Humboldt, in which 5 family members with prescriptions for medical marijuana (see Prop 215; CA Health and Safety Code § 11362.5) had their crops destroyed by members of CAMP (Campaign Against Marijuana Planting) and the Humboldt County Sherriff’s Department.  The Littlefields maintain that such a search and seizure and loss of property was unconstitutional and illegal – the appellate court says differently. Key to the issues in this case is whether or not an officer of the law has the right to determine...

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Marijuana Grow House Discovered During Fire Response in San Francisco (CA Health & Safety Code §11358)

Around 1a.m., close to John McLaren Park, firefighters and other local law enforcement officials were called out to a residential fire in the 100 block of Tucker Avenue.  Although no one was inside the home at the time of the fire, marijuana grow house equipment was found in 5 of the rooms. Those first on the scene suspected that something was off when they had a good bit of difficulty breaking into the residence.  Investigators believe that faulty electrical equipment may have caused the blaze and the house was not operating with power from PG&E. In the state of California, Health...

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UC San Diego Student Wins $4.1 Million Suit Against DEA

When we see news items concerning the Drug Enforcement Administration, there’s usually a positive spin.  For example, though Californians have been embroiled in a bout with the federal government for some time over the legitimacy of medical marijuana, and its legality (SB 420 & Prop 215) the DEA continues to make busts in the state – without respecting voters’ wishes.  Now, however, Californians can chalk at least one more thing up in the negative column when it comes to this particular federal agency. And it involves a 23-year-old man named Daniel Chong. In April of 2012, the DEA conducted a drug raid...

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Federal Government V. California: Marijuana Dispensary Closing Postponed

Since the passage of California State Senate Bill 420 (S420) and Proposition 215, citizens of the state of California have been able to control and alleviate the symptoms of many debilitating diseases, such as cancer, depression, anxiety, HIV/AIDS, certain neuromuscular diseases, and a myriad of other health problems using marijuana as medicine.  However, this has not prevented the Federal Government from continually harassing medical marijuana dispensaries and cooperatives around the state, considering that possession of any amount of marijuana is still a felony according to federal law.  Recently, this fight has yet again been brought to the forefront – pitting U.S....

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San Francisco Results of 10 Years Data Report of Racial Profiling in Marijuana Arrests

Just last week, the American Civil Liberties Union released the analyzed data from their study on racial profiling in marijuana busts in San Francisco.  The results may astound some of you; to others, the reveal wasn’t surprising at all.  Though they have officially denied these allegations, the actions of the San Francisco Police Department over the last decade or so have been called into question, at the very least. The data comes from a national study done over the course of the years 2001-2010, not just one solely concerning San Francisco, which turns out to be the leading city when it...

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Richmond District Fire Uncovers Grow House (CA Health & Safety §11357 & §11358)

When a two-story Richmond District house caught on fire in the early morning hours, a neighbor called it in to the local Fire Department.  Firefighters responded and quickly put out the one-alarm conflagration, but they discovered something else in the meantime – a false wall in the garage of the home that was hiding a secret grow area with approximately 167 fully matured marijuana plants and 555 seedlings.  There have been no arrests in the case and police have yet to speak to the homeowner. There are at least 6 sections of the California Health and Safety Code that deal with...

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FIRE IN OAKLAND REVEALS GROWHOUSE OPERATION (CA Health & Safety Code §11358 & §11359)

In the 1200 block of 51st Avenue, firefighters were called out to a blaze that they believe to have been an illegal grow house operation of about 60-70 marijuana plants, though about 20 of them were lost in the conflagration.  It seems that faulty wiring was the cause of the fire, not arson, and no arrests have been made in the case.  Possibly, the site was licensed; law enforcement officials have not fully finished their investigation. Marijuana cultivation laws are strict in the state of California. Getting caught with only one plant is considered a felony and you could spend up...

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3-MONTH DRUG INVESTIGATION LEADS TO 6 ARRESTS IN SAN RAFAEL (CA Penal Code §11350 HS – §11364 HS)

In two different locations, it took the Marin County Major Crimes Task Force and local San Rafael police officers to arrest 6 different suspects involved in running a suspected “drug house.”  The six persons arrested have been charged with everything from theft, possession of illegal drugs, and intent to distribute to suspicion of possession of drug paraphernalia, resisting arrest, and probation violations and other violations of the Health & Safety Code.  The men named in this case include: Francisco Rodas, 35; Federico Hernandex, 30; Shuber Gaston Caamel Uex, 37; Roberto Casia Gonzales, 24; Edgar Alexander Aguilar, 23; and Jose Antonio...

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California State Court Unanimously Authorizes Local Governments Power to Ban Marijuana Dispensaries (SB 420 & Prop 215)

Beginning May 6th 2013, the California state court has unanimously ruled that cities and counties can select to ban medical marijuana dispensaries in their areas if they choose to.  This decision results from several other attempts in both Bakersfield and Riverside to use zoning regulations to fight the 17-year-old California law that allows the sale of marijuana for medical purposes (SB 420 & Prop 215).What counts as medical marijuana?  All portions of the plant and related products, such as buds, stalks, leaves, resin and fibers all count as marijuana according to SB420.  Remember, included in this category are any related...

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