Medical Marijuana Shops: Laws

Medical Marijuana Shops: Laws
by Damian Leone

Today's guest writer is Damian Leone, a Criminal Defense lawyer in Los Angeles. He's a very knowledgeable, hard-working person, and down to earth.

Keeping Up with Your Neighbors . . .

Recently someone walked into my office and said to me, "Damian, I Want to Open a Medical Marijuana Shop. Everyone Else Has One!"

This entire issue from a legal and public policy perspective fascinates me. So a few weekends ago I cozied up to a bunch of different propositions, statutes, cases, ordinances, and directives. A large part of the law, especially in regards to local regulation, is in flux, but here are some interesting things I learned by looking at what's on the books.

Doctors recommending medical marijuana have the state law and the state medical board pretty much on their side. Even if a doctor is handing out recommendations like candy, it appears to me that it would be very difficult for them to lose their license unless they were under the influence themselves.

Doctors can only give out "recommendations" not "prescriptions" because prescriptions are regulated by the Federal Controlled Substances Act.

No one, at any medical marijuana establishment, is supposed to be "making money" in any way. They are supposed to be run like non-profits. Any revenue that exceeds costs is suppose to go back into the mission of the organization.

Even though medical marijuana is legal, a judge can still make it a term of probation not to use it. If you're on probation don't assume you are not violating it just because you have a card.

All marijuana that is grown, sold, or traded by any establishment or it's members must be done only by and between members. In other words, no outside marijuana coming in and no marijuana going out for anyone's use except members.

Any one person can only be a member of one marijuana establishment at a time.

If you want to hire an Attorney or would like a no charge consultation for anything to do with the Criminal Justice system including Defense, Victims Rights, or Police Misconduct, contact me at (310) 651-9912 or (323) 304-4778.

Damian Leone

Attorney at Law