Well we just got 10 ounces of medicine returned to a patient arrested in Laguna Beach. Interestingly – we had a court order signed for return of the property and the LBPD initially denied my client return of his medicine. Only after some discussion and talk about contempt did they agree to honor a valid court order for return of the medicine. Congratulations medical marijuana community- it is a rare day when Laguna Beach PD actually gives back medicine to a patient.

COMMON GROUND:

In recent months it has become quite evident to me that people opposing store front dispensaries/collectives and those in favor actually do have the same interests at heart. The common ground shared by both sides of this debate stems from a valid and righteous concern for the public safety and welfare. Advocates opposing collectives argue that they fear the potential of enhanced crime and want their children to be sheltered from marijuana transactions. Proponents, myself included, argue for safe affordable patient access to medicine. Proponents have the law of the Great State of California on their side. However, the law may not be enough when certain city leaders prefer lawsuits and bans to block access. The rhetoric used by both sides can be easily interpreted by the average listener as two distinct opposing sides to this debate when fundamentally there really is only common ground. In reality both sides see the issue of store front dispensaries the same way. However, due to the passion and zeal of the advocates on both sides it can still appear there is a separation of ideology and a divisive polarization.

Allow me to give you an example. Many moons ago when I completed in Jiu jitsu and grappling tournaments, I was coached by a Brazilian instructor. My instructor, while vastly knowledgeable, spoke mainly Portuguese. I vividly remember a three week period of time in which he tried to communicate to me, using a Portuguese expression, a technique he wanted me to employ. However, the language he used sounded like a English expression literally meaning the opposite of what he was asking me to do. You can imagine the frustration that ensued. There I was using all of my energy to employ the proper technique directly the opposite of what he was asking of me. You can imagine his frustration in seeing his student doing the exact opposite of what he asked me to do! I was working hard to execute this new strategy and here was my instructor enraged that I was defying his direction. The breaking point came when we were both at our wits end and fortunately another bilingual student explained the communication error to both of us. After much heated and frustrated discussion we both had a good laugh over the misunderstanding. The point is that we both shared a common ground in trying to improve my grappling abilities and success in competition.

Here, in our medical marijuana collective/storefront dispensary conversation both sides speak passionately about having medical access and about community safety. The truth is, just like with my instructor, there really is just a huge communication breakdown. Advocates attempting to keep collectives open speak of freedom and safe affordable access. Those opposed to collectives cite concerns for their children and crime prevention. Both sides speak loudly and with real concern for their cause. In reality the advocates on behalf of the collectives are asking for, or better stated begging for, regulation and taxation. The truth is that every set of proposed or adopted regulations I reviewed, Palm Springs, Laguna Beach, West Hollywood, Oakland, and many other advocacy based proposals all require security and extensive restrictions to ensure safety and access. Those regulations all required minimum distances from schools, parks, and playgrounds. They also require licensed security, cameras, recording of transactions and many other rules designed to make the community safe. Without these types of regulations you have an environment that is subject to the same dangers that accompany unlawful distribution of marijuana. I presume this is exactly what those opposed to collectives and storefront dispensaries are concerned about. It appears that all parties are truly asking for the same thing!! We all want patients to have access and we all want a safe environment to operate in. However, one side is speaking Portuguese and the other is just not understanding that language.

Southern California is suffering as bad as Northern California from the current budgetary crisis. However, Northern California has been more progressive in voting to add additional taxation on medicinal marijuana. The introduction of new revenue streams is critical before we have fired every teacher and public employee. So when will Southern California catch up??

Welcome to drug defense lawyer blog! This forum will be used to discuss current issues related to citizens charged with narcotics related offenses. The primary focus of this blog will be to address citizens in the Great State of California. The primary purpose is to inform defendant’s, their families, medical marijuana collectives, medical marijuana patients and others with an interest in the current drug prosecution climate.

Good day friends!

Well it seems more and more people are pushing for reform and legalization of marijuana in California. The current state of financial affairs has certainly precipitated this climate for change. However, it remains to be seen how the legislature will act in light of the July budgetary nightmare upcoming. It is a absolute fact that taxing medical marijuana would raise substantial revenue for the state.

Good day friends!

Well I am headed to Riverside court tomorrow to handle a collective case. The wonderful thing about Riverside is……….THE DA (Head DA) HAS DECIDED TO FIGHT ALL MEDICAL CASES!! I guess they prefer to send medical cases to trial. It does seem to be a complete waste of resources.

Good day friends!

Off to court today to make sense of a case where a 45 year old man is being charged with sales for having less than one ounce of marijuana on him. The District Attorney wants to incarcerate him for 6 months!!! 6 Months!!! Did I mention he has no previous record! This at a time when we have no money in our budget and teachers are being laid off all over the state. Is it a proper allocation of resources to lock up this nonviolent pot head??????

Good day friends!

Tip of the day- “Exercise your Right to Remain Silent!!”

So many of your rights have been eroded by the evolution of jurisprudence- DO NOT GIVE UP YOUR RIGHTS SO EASILY- REMAIN SILENT. Cooperate with officers but do not answer any questions related to your potential case. What you say will be used against you and will be presented in a context least desirable to you.

Welcome to drug defense lawyer blogspot! This forum will be used to discuss current issues related to citizens charged with narcotics related offenses. The primary focus of this blog will be to address citizens in the Great State of California. Specifically, we will discuss macro issues related to narcotics offenses, (Mainly Marijuana) in California with a micro focus on Southern California. However, we will post entries related to National and even Global issues as they are deemed relevant. The primary purpose is to inform defendant’s, their families, medical marijuana collectives, medical marijuana patients and others with an interest in the current drug prosecution climate. I hope that I can provide at least one person with some useful information in their struggle. Best wishes to all!

The Drug Defense Lawyer!