California Criminal Lawyer Blog

In the first decision of its kind in California, a Los Angeles Superior Court judge ruled that the retail sale of marijuana is not permitted under California state law. According to an LA Weekly article, the case was brought against a medical marijuana dispensary that the Los Angeles City Attorney’s office said was targeted because its product was found to have traces of pesticide. The marijuana dispensary was ordered to temporarily shut down. The ruling also stipulated that medical marijuana providers must comply with the federal Food, Drug and Cosmetics Act which requires particular testing, labeling, warnings and product information to be provided to patients.

The California legal system’s treatment of marijuana use and cultivation derives primarily from the Compassionate Use Act of 1996 (California Health & Safety Code Section 11357-11362.9), which provides protections from existing federal or state laws criminalizing marijuana use and cultivation for “seriously ill” Californians using the drug for medicinal purposes. The language of the legislation was left intentionally vague so as to allow regional authorities to make reasonable determinations about how to implement the marijuana law.

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Local law enforcement officials seized 1,300 pounds of marijuana with a street value of $1 million. According to a news report in the Los Angeles Times, four men were arrested in the Ontario, California, home, which officials say was being used by a Mexican drug cartel. Agents apparently discovered about 1,200 pounds of marijuana inside two vehicles that were parked at the home. Another 100 pounds of pot were found inside the home along with scales, packaging materials and other documents that indicated that the pot was being sold. Investigators say the marijuana was grown in Mexico and was to be distributed across the United States.

A California drug offense refers to the possession, use, sale or furnishing of any drug or intoxicating substance or drug paraphernalia that is prohibited by law. Most drug offenses in the State of California are now felonies. The penalties for drug crimes in San Bernardino County, Los Angeles County or Orange County can be extremely severe. The nature or severity of the charges are usually based on the quantity of drugs seized, the intent to sell or distribute, and other factors such as use or possession of weapons, evidence that the drugs are being sold, and possession of large amounts of cash used for drug transactions. Charges also depend on a drug’s classification under the drug schedule and the purpose of the possession – whether it's for personal use or sale.

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Los Angeles police arrested three people for operating an elaborate marijuana growing operation in a San Fernando Valley industrial building barely 25 feet away from a police station. According to an Associated Press news report, the marijuana was discovered after officers served a search warrant at the building in Canoga Park. The indoor pot farm included lights, automatic irrigation and a ventilation system. Los Angeles Police Department Authorities say the three arrestees are facing multiple drug charges.

The severity of drug or marijuana cultivation charges in Los Angeles depend on the circumstances surrounding the arrest, and the quantity and type of drugs that have been seized. If convicted of cultivating marijuana, even if you are part of a marijuana “collective”, those facing drug charges could be looking at significant jail time, hefty fines and other harsh penalties. Drug crimes involving possession of large quantities of marijuana or narcotics, possession for sale or transportation, will almost always involve felony charges. In California, a felony drug crime could well become a "third strike," which could send a defendant to prison for the rest of his or her life.

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Two Los Angeles police officers and a former officer were charged with conspiracy and perjury for lying under oath in a Los Angeles drug crime case, according to an Associated Press news report. Two of the officers testified in a drug crime trial last year that they saw the defendant throw a dark object. One of the officers testified that he picked up the object and found crack cocaine.

Based on surveillance camera video obtained from the apartment complex where the incident occurred, a judge has determined that the officers took more than 20 minutes to "find" the drugs. The judge has also dismissed charges against the defendant. Not only are federal prosecutors now conducting a civil rights investigation, but the defendant has also filed a civil complaint against the LAPD alleging that the three officers planted evidence, wrote false police reports, and committed perjury.

This is an extremely disturbing case especially because it shows that sometimes, law enforcement officials can act unethically; lying about the evidence, falsifying police reports and even being untruthful under oath. This allegedly occurred in a drug crime case where the defendant had a lot at stake. Had the surveillance video not been obtained, this individual could have faced some serious jail time and many other hardships.

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Three men in Orange County have been charged with various drug crimes after police officers in Placentia found hallucinogens and other drugs following a stakeout in a local neighborhood. According to a news report, police reportedly found cocaine, marijuana, heroin, illegal prescription pills, ecstasy pills as well as psilocybin; the active component in illegal hallucinogenic mushrooms. Police said they organized the stakeout after anonymous citizen informants told them about illegal drug activity in the area.

Drug charges are extremely serious in Orange County and Los Angeles County and come with severe consequences including jail or prison time. The drug charges are usually based on quantity, whether the drugs were possessed for personal use or possession for sale, intent to sell or distribute; and other factors such as evidence of weapons possession or use, drug transportation or sales, large amounts of cash and so on. The seriousness of drug charges normally depend on the quantity of drugs possessed, the classification under the drug schedule, and the purpose of the possession – whether it was for personal use or for sale.

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Six people, who allegedly work for a Mexican drug cartel, were arrested in Imperial County after undercover agents arranged to sell them 160 pounds of cocaine, according to a CBS News report. The arrests apparently involved a Mexican drug cartel believed to transport large amounts of cocaine through border crossings in Calexico. The suspects reportedly agreed to pay $1.1 million for the drugs the undercover agents promised to sell them. Each of the six defendants faces 15 years in prison if convicted of all charges that include possession and transportation of cocaine.

All drug crimes are serious. But the type of charges you could face depends on the nature and seriousness of the crime. In drug cases, some of the factors that could come into play include the type of drugs, the quantity of drugs and the reason for possession. If you possess a small amount of drugs for recreational use, the charges you face may not be as serious as if you possess large quantities of drugs meant for sale or transportation across state or international borders. Cases involving large-scale transportation of drugs or cases involving drug cartels are handled by federal authorities and federal courts.

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An Orange County man has been arrested after police in Irvine found more than 200 ecstasy tablets and 2.5 gallons of GHB ( a common “club drug’) in his vehicle. According to a news report, police found the 38-year-old man parked near an Irvine intersection. A vehicle search resulted in the drugs being found. Police later performed a search of the man's home and found more GHB and illegal steroids, the news report said. According to the article, the man was arrested for possessing a controlled substance for sale. This is most likely due to the large quantities of the drugs, which is an indication of possession for sales activity.

A drug offense in California refers to the possession, use, sale or furnishing of any drug or intoxicating substance or drug paraphernalia that is prohibited by law. Most drug offenses in California are now felonies. Possession of drugs for transportation or sale is a serious felony under California law. Currently, there are also more than 100 different types of anabolic steroids that have been developed, and each requires a prescription to be used legally in the United States. Illegal possession of anabolic steroids is also a crime.

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Drug crimes, especially those involving marijuana or concentrated cannabis, can be extremely complex and controversial because the laws involving these drugs are convoluted and difficult to understand. The San Bernardino Sun recently reported that the vice principal of a school in San Bernardino, who was arrested on charges of possessing marijuana for sale, told police that she was using the drug for medicinal purposes. Officials arrested the woman after finding 12 ounces of low-grade marijuana and 2.8 grams of a high grade variety in her SUV. The woman told officials that she started using medical marijuana two years ago for a bad knee. According to the news report, this woman did not have a doctor authorization document at the time of her arrest.

The California Compassionate Use Act of 1996 or Proposition 215 legalized the possession and cultivation of marijuana for personal use with a doctor's recommendation. Police cannot arrest or charge a person who has a doctor's prescription. Often referred to as a “Medical Marijuana Card” for marijuana use. Still, we often see law enforcement agencies continue to arrest individuals who possess even small amounts of marijuana for medical use. When it comes to medical marijuana, the law is complex and can seem unclear because although Prop 215 allows medical marijuana in California, yet the drug is still illegal under federal law.

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As a California Criminal Defense Law Firm, Takakjian, Sowers & Sitkoff, LLP is happy to share their new drug crime website as an important resource for those interested in learning more about laws surrounding drug offenses and the consequences of such crimes. The new website, www.californiadrugcrimedefenselawyer.com/, supplies a wide-range of information regarding misdemeanor drug charges, felony drug charges, drug manufacturing, drug possession, drug distribution, and many other elements of drug offenses.

In accordance with efforts to lower crime, laws pertaining to drug crimes are subject to change, in which the public should be kept up-to-date on such developments that could potentially directly affect them. The lawyers at Takakjian, Sowers & Sitkoff LLP are pleased to have their drug crime website available as a means of helping educate the public on new and existing critical laws surrounding drug offenses. Drug charge penalties can be quite severe and mostly depend on the amount of drugs a person is accused of possessing, in addition to the kind of drug or drugs in question. Whether or not a person facing drug charges has a previous criminal record will also influence the charges held against them.

The experienced California drug crime defense attorneys at Takakjian, Sowers & Sitkoff LLP have devoted many years to ensuring that those accused of a drug offense are aware of their rights and receive quality legal representation. For more information regarding drug crime general facts, legal resources, or more, visit www.californiadrugcrimedefenselawyer.com/. The California drug crime defense lawyers at Takakjian, Sowers & Sitkoff LLP can be reached at 866-430-8383.

There is an interesting news article about drug court in the Desert Dispatch. The article talks about a San Bernardino County court program which makes healthy living and employment mandatory for program participants who are recovering from drug addiction. This particular drug court program encourages healthy activities such as sports for recovering addicts through mandatory monthly activities. In order to be part of the program, participants must go to mandatory court hearings, pass drug tests, participate in drug treatment and work toward getting a job. In Barstow alone, there are 62 individuals participating in the drug court program.

Drug courts all over Southern California are becoming an extremely popular alternative to jail for those convicted of relatively minor drug crimes, such as possession of drugs and being under the influence of drugs. A study in 2005 in Barstow, California showed that recidivism rates were remarkably lower for those who participated in a drug court.

The study found fewer drug court graduates were rearrested. The statistics for those rearrested after completing the program were 17 percent of drug court grads and 29 percent of drug court participants. This study used information from a number of California counties including Los Angeles, Orange, San Diego and other counties.

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Federal and local agents raided two medical marijuana dispensaries in the Los Angeles area arresting the 50-year-old owner of the dispensaries at his home. According to an Associated Press news report, drug task force agents served a state search warrant at the medical marijuana collectives at Culver City and West Los Angeles. Officials apparently seized 100 pounds of marijuana, 200 live plants and about $100,000 in cash, the news report said.

The passage of California's Proposition 215 legalized medical marijuana possession in this state. However, marijuana possession is still illegal under federal law. This has led to problems with enforcement in California, especially in the Los Angeles area, where medical marijuana dispensaries are raided by federal drug enforcement agents. This discrepancy between federal and state law has resulted in numerous drug crime arrests and charges that are not actually warranted. Most medical marijuana dispensaries and collectives are operating legally under state law. The voters of California approved the possession and use of marijuana for medical purposes. This discrepancy between federal and state law should be resolved.

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According to this report in the Los Angeles Times, federal agents have raided several Westside medical marijuana dispensaries recently, which has outraged supporters who claim that the raids violate California state law. Proposition 215, which legalized medical marijuana for people with serious illnesses and reduced criminal penalties for marijuana possession, was passed by California voters in 1996. However, under federal law, marijuana possession, cultivation, and delivery are still illegal activities and enforced by the Drug Enforcement Administration.

On Tuesday, February 3, 2009, at least three groups of DEA agents served search warrants on medical marijuana dispensaries around noon, according to DEA spokeswoman Sarah Pullen. "I can't get into details as to the probable cause behind the warrants except for the fact that they're dealing with marijuana, which is illegal under federal law," she said.

Charlie Beck, Chief of Detectives at the Los Angeles Police Department said, “DEA has a legal right to do what they're doing. Is it controversial? Yes."

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A woman who faces multiple charges, including driving under the influence of narcotics, was named by law enforcement authorities recently, according to this article in the Los Angeles Times. Law enforcement officials named Alisha Nichole Mankin as the person responsible for a televised chase which caused three different traffic accidents and involved pursuit from numerous law enforcement agencies. According to authorities, Mankin, of the Antelope Valley of Littlerock, and a friend left a storage facility in a rented U-Haul truck around 3 p.m. on Wednesday, February 4, 2009.

Sometime later, Mankin and her passenger were spotted by a Los Angeles County Sheriff’s Department Deputy engaging in suspicious activity after they stopped their rented truck by a car on the side of the road. The deputy approached the two and discovered the passenger had narcotics in his possession, so they were arrested for California drug possession. But according to California Highway Patrol Officer Matt Winter, Mankin attempted to flee the scene rather than be arrested. Winter said, “The guy is in possession of narcotics, and he’s arrested. As the deputy is putting him into his cruiser, she decides to take off running. She gets into the U-Haul because the keys are in it and takes off."

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