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Tag: marijuana possession

  • Florida Lawyer To Pay Massive Fine For Telling Clients Marijuana Grow Was Legal

    Florida Lawyer To Pay Massive Fine For Telling Clients Marijuana Grow Was Legal

    The lawyer told his clients that they could legally grow medical marijuana in 2015 even though it would not be legal in the state until 2016.

    Ian Christensen, a lawyer based in Jacksonville, Florida, was ordered to pay former clients nearly $370,000 for telling them that they were legally allowed to grow cannabis in their homes.

    Christensen reportedly told his clients in 2015 that medical marijuana was legal and even provided them with cards that stated they were allowed to use it for medicinal purposes and a yard sign that announced that their homes were being used to grow cannabis.

    Too Early

    The problem was that Florida Amendment 2, which legalized marijuana for medicinal use, was a year away from passage at the time Christensen gave his clients the go-ahead.

    Two such individuals, Scott and Marsha Yandell, were arrested in 2016 for growing marijuana in their home, and subsequently lost their jobs. They sued Christensen in 2016 for lost wages due to their convictions, and won their case in July 2019. Christensen, who also lost his law license, offered no defense, according to court documents.

    According to the Florida Times-Union, Christensen told clients in 2015 that they would not face law enforcement intervention for using or growing medicinal marijuana. A statement on his website explained his position by claiming, “If a patient can prove to a law enforcement officer that cannabis is the safest medication available to treat a diagnosed condition, they are NOT subject to arrest.”

    He also sent a letter to the Florida Sheriff’s Association that outlined his position.

    His Service

    For $800, Christensen would reportedly even provide clients with cards that appeared to give them the right to use cannabis for medicinal purposes, as well as “grow signs” that informed their neighborhoods that their home was being used to cultivate cannabis.

    The Yandells discovered in 2015 that the card’s claim of “official legal certification” was invalid when police were dispatched to their home by a 911 caller who had seen the “grow sign” outside their home. When asked if they were in any legal jeopardy, Christensen reportedly told the couple that they were within their rights to grow cannabis.

    One month later, they discovered this to be untrue when a SWAT team raided their home and arrested the Yandells on charges of possession and trafficking of cannabis in excess of 25 pounds, among other charges.

    The Yandells pled guilty to the charges and accepted three years’ probation as well as a $15,000 fine and 100 hours of community services. They were also sued by their landlord for $25,000 in lost rent and damages to the couple’s home during the raid, and both Scott and Marsha lost their respective jobs as an engineer and nurse—work they had both held for more than a decade.

    The couple sued Christensen in 2016 for lost wages due to their arrests. Court documents showed that Christensen claimed that his decision was based on being “inexperienced, young and naïve” in regard to marijuana-related issues.

    He stopped practicing law in 2015 and lost his license in early 2019. A judge handed down the decision regarding the lost wages in late July 2019.

    According to the Yandells’ new lawyer, Andrew Bonderud, Christensen has shown no indication of voluntarily paying the fee, and no longer lives in Florida. “It will be incumbent upon us to discover assets or discover income sources and to go after them,” he said.

    View the original article at thefix.com

  • New York Officially Decriminalizes Marijuana

    New York Officially Decriminalizes Marijuana

    The penalty for possessing up to two ounces of marijuana is now reduced to a violation punishable by a fine.

    The state of New York has further decriminalized the use of marijuana.

    According to the Drug Policy Alliance, back in 1977, New York decriminalized having up to 25 grams of marijuana.

    On Monday (July 29) New York Governor Andrew Cuomo signed a bill that will further decriminalize possession of up to two ounces of marijuana. The new law will take effect in 30 days.

    By signing the bill, Cuomo has reduced the penalty for possessing up to two ounces of marijuana to a violation punishable by a fine.

    Another part of the law will establish a process allowing people with “certain marijuana convictions” to have their records expunged.

    Communities of Color

    “Communities of color have been disproportionately impacted by laws governing marijuana for far too long, and today we are ending this injustice once and for all,” Governor Cuomo said in a statement. “By providing individuals who have suffered the consequences of an unfair marijuana conviction with a path to have their records expunged and by reducing draconian penalties, we are taking a critical step forward in addressing a broken and discriminatory criminal justice process.”

    Currently more than half of U.S. states have passed laws to allow the use of marijuana in some capacity.

    In June, Illinois Governor J.B. Pritzker signed a bill that legalizes cannabis in the state for those 21 and older. The legislation also provides relief for “roughly 770,000” people in Illinois with marijuana-related offenses on their criminal records through an expungement process.

    Social Equity Programs

    Illinois went a step further to ensure what many consider a righteous approach to legalization, by including a “social equity program” to help former marijuana “offenders” get a leg up in the marijuana industry.

    “Marijuana possession gives those convicted a criminal record that will follow them throughout their lives, potentially limiting their access to education, affecting their ability to obtain employment leading to a potential inability to provide for their families,” said New York state Senator Jamaal T. Bailey. “The creation of a mechanism for expungement… is a step in the right direction in finally ending the heavy-handed war on drugs that has decimated communities of color.”

    View the original article at thefix.com

  • California Prisoners Can Possess Marijuana But They Just Can’t Smoke It

    California Prisoners Can Possess Marijuana But They Just Can’t Smoke It

    Smoking or ingesting marijuana in prison remains a felony in the state.

    A ruling by district court in Sacramento, California, will allow the state’s prison population to legally possess marijuana without threat of conviction, but they may not smoke or ingest it. The decision was made as part of an appeal brought by Sacramento County-based inmates who had been convicted of possessing cannabis in their cells.

    In overturning the case, justices from the California Court of Appeals for the Third Appellate District ruled that the language of Proposition 64 – the 2016 California ballot initiative that legalized recreational marijuana – specified that consumption of cannabis, not possession, is illegal, and as such, smoking or ingesting marijuana in prison remains a felony. The ruling also allows prison authorities to ban possession at their respective facilities.

    The case in question involved five prison inmates whose convictions for marijuana possession added more prison time to their respective sentences. After relief was denied by the Sacramento State Court, they appealed with the Third District, where a panel of three justices underscored that the “plain language” of Proposition 64 made clear that possession of less than one ounce of cannabis in a prison was not a felony.

    “The purpose of the language is to describe the vast array of means of consumption, and consumption, not possession, is the act the voters determined should remain criminalized if the user is in prison,” wrote Presiding Justice Vance W. Rayne.

    The justices also noted that consumption “can be achieved” through inhaling non-burning vapor or topical application, and not just smoking or ingesting, which the court noted remains a felony in prison. Additionally, the ruling confirmed that prison officials may ban possession to “maintain order and safety in the prisons.”

    Raye and his fellow justices also took to task California State Attorney General Xavier Becarra’s argument, which as NPR noted, claimed that Proposition 64 created an “absurdity” that would legalize the use of marijuana in prisons and support smuggling.

    “A result is not absurd because the outcome may be unwise,” Raye wrote. “We cannot ignore binding precedent and the plain language of a statute based on the intensity of the Attorney General’s passion to criminalize an act the electorate has decided no longer merits treatment as a felony.”

    Beccara’s office has yet to announce whether it will appeal the decision, but both the state corrections department and marijuana advocates weighed in on the court’s ruling.

    “We want to be clear that drug use and sales within state prisons remains prohibited,” said Vicky Waters, a spokesperson for the California Department of Corrections and Rehabilitation. “[We] are committed to providing a safe, accountable environment for prisoners and staff alike, and we plan to evaluate this decision with an eye towards maintaining health and security within our institutions.”

    Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws (NORML), described the ruling as a “novelty decision,” but supported the court’s emphasis on the clarity of Proposition 64’s language and intent.

    “You’d be hard-pressed to make an argument that the majority of Californians, when they were deciding on this issue, were voting to allow marijuana in the criminal justice system.”

    View the original article at thefix.com

  • San Francisco DA Expunges More Than 9,000 Pot Cases

    San Francisco DA Expunges More Than 9,000 Pot Cases

    The move makes San Francisco the first county in California to fully comply with the requirements of the state’s recreational marijuana legalization bill.

    Calling it a “matter of dignity,” San Francisco District Attorney George Gascón announced that he will expunge 9,362 marijuana-related convictions—some dating back to 1975—and reduce felony and misdemeanor charges to misdemeanor and infraction, respectively.

    The expungement is a joint effort between the DA’s office and the nonprofit, Code for America, which uses an algorithm to identify eligible cases.

    The move makes San Francisco the first county in California to fully comply with the requirements of AB 1793, a regulation of Proposition 64—the state’s recreational marijuana legalization bill—which required automation of the charge reduction or expungement process for eligible marijuana convictions.

    Prior to Gascón’s announcement on February 25, the San Francisco Chronicle noted that just 23 people petitioned to have their cases reclassified or expunged. The newspaper cited Gascón’s assessment that the low number was due to the difficulty of the process, which required an attorney and took considerable time and effort to complete.

    But the partnership with Code for America, which was launched in May 2018, offered a chance to automate the process by using a computer-based algorithm dubbed “Clear My Record.” Prior to that, Gascón’s office had identified some 3,000 cases eligible for expungement.

    According to the Associated Press, the program quickly determines eligible cases and then automatically fills out the forms required by the court to process expungement. At Monday’s announcement, Gascón said that the work had been completed ahead of the expected timeframe for completion—which was initially set at a year’s time—and under budget.

    “It’s incumbent that we, as law enforcement leaders, continue to evolve how we advance fairness and public safety in our respective communities,” he said. “I hope that our success with Code for America can act as a catalyst for other leaders looking to engage in similar innovative and out-of-the-box methods to reform and rethink what our criminal justice system looks like.”

    Code for America director Jennifer Pahlka said that her organization was already working with several other district attorneys in California to provide the same service for their marijuana cases. 

    Prosecutors in cities across America have already launched or announced similar expungement efforts, including Baltimore, Seattle and Chicago; New York District Attorney Cyrus Vance announced the vacation of more than 3,000 outstanding warrants for misdemeanor and violation cases involving cannabis consumption and possession in September 2018.

    Expungement and reduction of these charges can allow thousands of individuals to pursue housing, job and educational opportunities that in may cases were not available to them because of their convictions.

    “Even convictions from many years ago can have an impact on people’s lives now, and this will ensure that it doesn’t happen,” said Drug Policy Alliance deputy state director Laura Thomas to High Times. “We hope that other prosecutors around the country follow Gascón’s lead.”

    View the original article at thefix.com

  • Washington State To Pardon Thousands Of Pot Possession Charges

    Washington State To Pardon Thousands Of Pot Possession Charges

    The governor’s office says about 3,500 citizens qualify for the pardon according to the plan, called the Marijuana Justice Initiative.

    Governor Jay Inslee of the state of Washington announced he is offering to pardon thousands of people charged with only a misdemeanor marijuana charge, which will help citizens who would otherwise be dogged with these minor crimes as they seek employment or look for housing.

    The caveat is that the charge must be a state charge between January 1, 1998 and December 5, 2012, not a local ordinance. The December date marks the day marijuana possession was legalized in the state. The governor’s office says about 3,500 citizens qualify for the pardon according to the plan, called the Marijuana Justice Initiative.

    “We shouldn’t be punishing people for something that is no longer illegal behavior in the state of Washington,” said Inslee, believing that there is great support for the initiative.

    Inslee has always been enthusiastic about legal marijuana in his state. Last year on television, the governor bragged to host Bill Maher that “we’ve got the best weed in the United States of America.”

    Those who need the pardon can apply on the website of the governor’s office. Those who receive one will have the charge scrubbed from public criminal records; however, a copy will be retained for law enforcement knowledge only. To have the court records scrubbed as well, a petition can be made to the court that ruled over the charges.

    Some regard the moves to be good publicity for a possible presidential campaign.

    “While it’s a wonderful gesture, it won’t pardon everybody,” said Seattle Hempfest General Manager Sharon Whitson. “They really do need to look at it all the way up the scale.”

    Inslee agrees the initiative doesn’t do enough but claims it’s a good first step. He said citizens should urge other local authorities to follow his lead. His advisers claim that Inslee is looking into more comprehensive legislation for pardoning remaining marijuana offenders as well.

    A bill that was proposed in 2017 that would require all courts to hear any requests to clear these crimes did not pass. The city of Seattle, however, has begun to follow suit, vacating around 542 Seattle citizens of these charges.

    View the original article at thefix.com

  • Is New York City Handing Out Harsher Penalties For THC Oil Possession?

    Is New York City Handing Out Harsher Penalties For THC Oil Possession?

    A new report reveals a major contradiction in the city’s ongoing efforts to reform marijuana enforcement.

    Getting caught with a cartridge of THC oil can land you in jail in New York City—despite city officials’ promise to decriminalize marijuana offenses.

    A new report by The Appeal highlights the disparity in the city’s enforcement of possession of THC oil versus marijuana in its raw form.

    “Cannabis oil possession carries a harsher charge than regular marijuana possession,” The Appeal reports.

    “Because the oil is classified as a controlled substance, the charge is a Class A misdemeanor, the same class used for low-level heroin and crack possession. Those convicted of the charge can be sentenced to up to a year in jail.”

    The fact that police officers are still treating THC oil possession as a criminal misdemeanor contradicts the city’s ongoing efforts to reform marijuana enforcement.

    On Sept. 1st, the city enacted a new policy to ticket instead of arrest people for public marijuana smoking. Mayor Bill de Blasio claimed that the new policy would reduce marijuana possession arrests by 10,000. Each year, about 17,500 people are arrested in New York City for marijuana possession.

    Neither the mayor’s office nor the NYPD agreed to comment on its policy regarding THC oil.

    “The DA’s office has prosecuted at least 22 THC or cannabis oil cases since Sept. 1, according to public defenders in Brooklyn… In 13 of those cases, people were charged with possessing cannabis oil alone, without any other misdemeanor or felony charges,” The Appeal reports.

    Oren Yaniv, a spokesperson for the Brooklyn district attorney’s office, says the DA is working to reduce marijuana convictions.

    “New York law categorizes THC oil not as marijuana, but as a controlled substance… However, recognizing that THC is the active ingredient in marijuana, we believe that the two forms of marijuana should be treated similarly,” said Yaniv.

    Meanwhile, NY Governor Andrew Cuomo is working on the bigger picture. The state is currently exploring legalizing marijuana for adult use. New York already has a medical marijuana program. However, home cultivation, smokable medical marijuana, and edible products are not allowed under the program.

    This month, during a recent appearance in Buffalo, Governor Cuomo said that marijuana legalization legislation is in the works.

    “We now have a working group that is putting together a piece of legislation that would do it, because the devil is in the details: How do you do it, where do you do it, what are the ages, etc.? What is New Jersey doing? What has Massachusetts done? So that legislation is being crafted. I expect it to be introduced next year. The when and the how, we’re not clear,” Cuomo said.

    View the original article at thefix.com

  • More Than 3,000 Open Marijuana Cases To Be Dismissed In New York

    More Than 3,000 Open Marijuana Cases To Be Dismissed In New York

    The legal move stops short of expunging the pot-related cases.

    In what’s been described as an action “in the interest of justice,” Manhattan District Attorney Cyrus Vance has vacated more than 3,000 outstanding warrants for cannabis consumption and possession, some of which date back to 1978.

    The decision will only impact misdemeanor and violation cases where a warrant was issued because the defendant did not appear in court. Vance announced the “decline to prosecute” policy for possession and smoking cases in late July, with the goal of reducing such prosecutions to fewer than 200 per year.

    Vance dropped 3,042 open cases of marijuana possession—but as High Times noted, this stops short of expunging these cases. 

    Vance’s decision applies only to open cases where misdemeanor possession or use was the “only remaining charge,” and the defendant did not appear in court. It does not apply to sale or distribution cases, or any case in which the defendant was convicted. 

    Still, the dismissal of these cases would have several positive outcomes: it supports the implementation of new policy for the NYPD regarding misdemeanor marijuana cases, which has shifted from arrests to court summonses (or “weed tickets), which went into effect this month.

    It also seeks to address what Vance described as “decades of racial disparities behind the enforcement of marijuana in New York City.”

    According to his office, 79% of the dropped cases involve individuals of color, and nearly half of those were 25 years of age or younger at the time of their arrest.

    Additionally, it may remove some of the obstacles that individuals with open warrants may face, such as applying for jobs or housing. Background checks in both cases may reveal an open warrant and impact the individual’s chances, and may even affect applications for citizenship.

    “By vacating these warrants, we are preventing unnecessary future interactions with the criminal justice system,” said Vance at a press conference after declaring his motion. “We made the decision that it is really in the interest of justice.”

    The move is also in the interest of freeing up what Vance called the “burden” of backlogged cases that drain resources his office needs for more serious charges.

    In July, Vance said that the policy was expected to reduce marijuana prosecutions in Manhattan from approximately 5,000 per year to fewer than 200—a reduction of 96%.

    View the original article at thefix.com

  • Mom Accused Of Letting Teen Daughter Run Pot Shop From Bedroom

    Mom Accused Of Letting Teen Daughter Run Pot Shop From Bedroom

    Police reportedly uncovered 80 pounds of cannabis in the closet of the master bedroom.

    A 15-year-old girl is in state custody after sheriff’s deputies alleged that she made cannabis deals out of her bedroom, supported by her mother.

    On August 17, the Merced County Sheriff’s Office served a search warrant at the family’s Delhi, California home. The search uncovered 80 pounds of cannabis in the master bedroom closet and 12 “large marijuana plants” in the backyard growing in a “makeshift greenhouse,” according to sheriff’s deputies. A loaded AK-47 was also found.

    According to a statement posted on Facebook, during the investigation officers allegedly learned that “the 15-year-old daughter was given marijuana from her mother to use and sell from her bedroom.”

    In addition, officers found “packaged marijuana, edibles and other items associated with the sales and use of marijuana” that they say belonged to the 15-year-old girl.

    The girl and another minor have since been removed from the home by Child Protective Services. Two adults in the home have been arrested—Jose Reyes Martinez, 44, on suspicion of marijuana crimes, possessing an assault weapon and assault on a child; and Norma Angelica Alvarez, 44, on suspicion of marijuana crimes and child endangerment.

    Parents all across the United States have lost custody of their children for providing them marijuana, but unlike this particular case—as far as we know—it is often to treat debilitating disorders like epilepsy.

    One recent example happened in Macon, Georgia, where Suzeanna and Matthew Brill are fighting for custody of their son David, who suffers from seizures. The couple had illegally purchased cannabis to try and ease David’s seizures, after prescription medication had failed to make a difference.

    The family was on the waiting list for Georgia’s Low THC Oil Program, but couldn’t wait any longer.

    The parents say the cannabis was “a miracle” for David. “I was tired of seeing my kid half-dead all the time,” said Suzeanna. “[Marijuana] helped my son where all other options had failed.”

    Cannabis is illegal in the state of Georgia. Only possession of up to 20 fluid ounces of low THC oil by qualified residents is allowed. Seizure disorder, Crohn’s disease, multiple sclerosis and Parkinson’s disease are among the qualifying conditions for Georgia’s limited medical cannabis program.

    View the original article at thefix.com