Tag Archives: marijuana

DUI Marijuana

Simply because marijuana has been legalized for recreational use in California does not mean that it’s okay to drive under its influence. California Vehicle Code 23152(e) treats DUI marijuana the same as DUI alcohol when it comes to the penalties that apply to those convicted of DUI marijuana and states, “It is unlawful for a person who is under the influence of any drug [including marijuana] to drive a vehicle.”

The penalties for being convicted of DUI marijuana are the same as those for driving under the influence of alcohol are more severe for repeat offenders.

1st offense- 48 hours to 6 months in County jail, DUI courses can be 3-6-9 months

2nd offense- 96 hours to a year in County Jail, 18 month DUI course

3rd offense- 120 days to 1 year in jail, 3 year revocation no restricted license

DUI Marijuana Causing Injury

As with DUI alcohol, DUI marijuana carries heavier penalties if there are additional offenses allegedly committed in conjunction with driving under the influence. If a person is convicted of DUI marijuana causing injury and this is a first offense a judge may rule that the offense is a felony and as such the penalties are a 1 to 3-year driver’s license suspension with no exception made for converting to a restricted license, up to 30 months of DUI school, 5 days to one year in jail, and in addition to a fine of up to $5000, the defendant can be made to pay restitution to the injured person.

If the DUI marijuana with injury is determined to be a felony, the penalties are a 5-year driver’s license suspension with no exception made for converting to a restricted license, up to 30 months of DUI school, a $5000 fine and payment of restitution, and 16 months to 16 years in state prison.

Driving under the influence marijuana in California is a serious crime that can have life-altering consequences. If this is the first offense, you could be expected to be able to carry on with a reasonable semblance of your life prior to the conviction because you will be able to convert your license to a restricted license and get to and from work. Regardless, a DUI marijuana is a mark on your driver’s license and your automobile insurance premiums are sure to increase. Also, you will have a criminal record and that could hurt your chances of getting a job, a job promotion, a bank loan, or owning or possessing a firearm to protect your family.

Because of the increased use of marijuana due to its legalization, authorities expect DUI marijuana could become an even greater problem than DUI alcohol in the years to come. If you are arrested and charged with DUI marijuana you should make your first call to the California DUI marijuana lawyers  at The Kavinoky Law Firm. We know that DUI problems don’t always occur during 9-5 business hours and our lawyers are available at all hours and on holidays, 24-hours a day and 365 days a year.

Marijuana dispensaries may begin recreational sales in Nevada starting July 1: Report

– The Washington Times – Tuesday, May 9, 2017

Marijuana dispensaries may start selling recreational weed within Nevada as soon as July 1, the state tax board voted Monday, six months earlier than previously expected.

While Nevadans voted last November in favor of legalizing marijuana, lawmakers aren’t expected to draft rules governing the state’s recreational weed program until January 2018. With medical marijuana dispensaries already legally operating across the state, however, the Nevada Tax Commission on Monday voted 6-1 in favor of granting temporary retail licenses to currently existing pot shops.

Monday’s decision means licensed medical-marijuana dispensaries in Nevada can submit applications to the state Department of Taxation starting May 15 seeking permission to sell their wares to patrons other than patients. Dispensaries deemed to be in good standing with the state are expected to receive the first temporary licenses July 1, at which point they’ll be legally allowed to serve medical and recreational weed customers alike.

Temporary retail licenses will expire January 2018, giving the state several months to study the immediate impact of legalizing marijuana before finalizing the framework for its voter-approved recreational weed program.

Indeed, politicians have said they expect retail weed will do wonders for Nevada’s coffers, provided of course its recreational pot program gets off the ground without a hitch. Gov. Brian Sandoval said he intends for recreational marijuana to rake in $70 million within its first two years, the likes of which may not be easily achievable unless some pot shops are given a head-start.

“If we don’t adopt the regulations, we will not have a temporary program. If we don’t have a temporary program, we will not have the revenue that’s included in the governor’s budget,” Deonne Contine, the director of the state Department of Taxation, told the Las Vegas Review-Journal.

Houston area decriminalizes possession of small amounts of weed

Effective March 1, the nation’s fourth-largest city will no longer make arrests of those carrying four ounces or less of marijuana

HOUSTON — The district attorney in the most populous Texas county has announced a new program in which law enforcement agencies will not arrest individuals caught with four ounces or less of marijuana.

Harris County District Attorney Kim Ogg announced in Houston on Thursday that her office will offer those possessing misdemeanor amounts of marijuana an opportunity to participate in the program starting March 1.

Individuals won’t be jailed or have to appear in court, but they will have 90 days to complete a four-hour decision-making class. Those completing the program won’t face charges.

Read Full – http://www.thecannabist.co/2017/02/17/houston-marijuana-possession-misdemeanor/73835/

How a Federal Crackdown on Marijuana Could Affect Mexican Cartels

President Donald Trump campaigned on making the United States “great again,” but if his administration follows through on a threat to crack down on legal marijuana, it’s Mexican drug cartels that could be restored to their former glory.

TOM ANGELL – MARIJUANA.COM

White House Press Secretary Sean Spicer said Thursday that states with legal recreational marijuana will likely “see greater enforcement” of federal laws, which prohibit all use of cannabis. Spicer’s statements echo what Attorney General Jeff Sessions said during his confirmation hearings: “It is not so much the attorney general’s job to decide what laws to enforce. We should do our job and enforce laws effectively as we are able.”

The Department of Justice declined to comment.

Eight states and the District of Columbia currently allow the retail sale of marijuana for recreational use, all thanks to voter referendums.

In Colorado, where in 2012 voters were the first in the nation to back retail sales, the marijuana industry generated over $1.3 billion in revenue last year, adding about $200 million in taxes to the state’s coffers. In California, the first state to legalize the medical use of cannabis, marijuana has become the state’s leading agricultural commodity, according to the Orange County Register, which estimated its value at $23.3 billion — even before voters legalized recreational sales last November.

Most people think that’s a good thing. A poll released Thursday by Quinnipiac University found a majority of the U.S. public now supports marijuana legalization, and 71 percent oppose a federal crack down on states that have legalized it already.

The rise of the homegrown weed industry has come at a cost, though: In 2016, U.S. Border Patrol reported that “marijuana seizures along the southwest border tumbled to their lowest level in at least a decade,” The Washington Post reported. Between 2011 and 2015, seizures dropped 39 percent, according to Fortune.

Read Full – http://www.attn.com/stories/15170/how-president-trump-could-affect-mexican-drug-cartel

Will California finally have a statewide standard for the sale of legal marijuana by 2018?

November’s law legalizing recreational weed has added a new set of challenges for regulation

Marijuana for medical use has been legal in California since 1996, but efforts to regulate it like a normal product have been elusive.

For nearly two decades the production, distribution, sale and taxation of cannabis has operated through a patchwork of local rules that can differ from one city or county to the next. What one grower or pot dispensary does in one part of the state could be illegal in another, from the number of plants producers can grow to whether or not cannabis-based edibles require warning labels.

Now that voters have approved the sale of marijuana for recreational use through November’s Proposition 64 referendum, officials involved with working out regulations are scrambling. They must establish statewide rules before the start of next year, when licenses are supposed to become available for the sale of recreational-use marijuana.

Some are doubtful that state policymakers will have everything in order by then.

“They can’t get it together about what they want the laws to be,” Alicia Darrow, chief operations manager of Blum Oakland, a 13-year-old Bay Area medical marijuana dispensary, told Salon. “I’ll be shocked if it goes live in 2018.”

The problem, she said, is that Prop. 64 threw a wrench into regulators’ efforts that began in October 2015 after the passage of Assembly Bill 266, the state’s first successful attempt to pass a law regulating medical marijuana.

Prop. 64 and AB 266 have considerable differences in the way marijuana is regulated that must be worked out. For example, AB 266 requires a small number of third-party companies to control distribution and oversee testing for pesticide contamination, something dispensaries argue is unnecessary and would increase costs. Another unanswered question pertains to how dispensaries that sell medical-use marijuana and the more heavily taxed recreational-use weed will be required to track and manage their inventories and sales. Under Prop. 64,  dispensaries must have two separate inventories and tracking systems.

“It’s a big job, but we’re working hard and have every intention of meeting our goals,” Alex Traverso, a spokesman for the state’s Bureau of Medical Cannabis Regulation, said in an email to Salon. “The work we’ve done on regulations for medical cannabis have given us a great start.”

Meanwhile established growers, many of them mom-and-pop operations, are worried about being muscled out by bigger, well-financed ventures backed by deep-pocketed investment groups that are chasing the potential for big gains in the years to come. California’s medical marijuana business generated nearly $2.7 billion in sales in 2015 and that’s expected to balloon to $6.45 billion annually by 2020, including sales from recreational-use marijuana, according to cannabis industry investment network Arcview.

Read Full – http://www.salon.com/2017/02/05/will-california-finally-have-a-statewide-standard-for-the-sale-of-legal-marijuana-by-2018/