Prop 215 Tag

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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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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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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