Bad news for Los Angeles..........

[lwien]

This is a re-post from another site. Check it out............

WARNING-ALL MEDICAL MARIJUANA DISPENSARIES IN LOS ANGELES

Tomorrow, District Atty. Steve Cooley and Los Angeles City Attorney Carmen Trutanich will be speaking at a luncheon training meeting of narcotics officers in the greater Los Angeles area.

Before you read further, it is necessary to relate why I am writing to you authoritatively. I have been practicing criminal law in Los Angeles for 35 years, am the past president of the Los Angeles Criminal Courts Bar Assoc. Cooley and I have been friends for roughly 20 years. Between my trying death penalty cases, I enjoy representing growers, vendors and clinics in the medical marijuana community and now represent a dozen Southern California clinics on a monthly retainer basis, and I have been doing so since 2005. If you need more of my bona fides, go to my website: havecrimewilltravel.com. This is not an advertisement. IT IS THE BASIS FOR THE WARNING THAT FOLLOWS:

I met privately with Mr. Cooley last Friday for roughly 90 minutes. With respect to our discussions re medical marijuana clinics, I am now convinced that clinic raids likely will occur sometime within the next week or two. The basis for my opinion is Dist. Atty. Cooley's representation to me that tomorrow's luncheon is about strategy and tactics, and therefore attendance at the meeting is limited to law enforcement only. (I tongue-in-cheek offered to buy Cooley and Trutanich lunch if I could come, but was smilingly turned down. Also not a good sign for clinic owners...)

If the DA and the City Attorney had concerns about their legal interpretation of SB 420, it is my opinion that tomorrow's training would not be about tactics. The word "tactics" connotes preparation for action, and preparation for action when directed at narcotics officers overwhelmingly suggests preparations for raids.

"Tactics" in this case probably means educating the narcs regarding their search warrant affidavits - i.e., what factual rendition that would cause a judge to believe an officer's representation that a felony was being committed inside the clinic. The prosecutors are relying on the last two pages of the California Supreme Court decision in People versus Mentch, in which Justice Werdegar, writing for a unanimous Court, states that marijuana may not be sold by someone outside a collective to a collective owner, manager or member.

The prosecutors object to clinics that operate at great profit to the owners (taking them outside the nonprofit status of SB 420). They also object to the vast proliferation of clinics, especially in the city of Los Angeles (and more especially during a ban on clinics opening while the hardship process occurred).

2) They also object to the vast proliferation of clinics, especially in the City of Los Angeles (and more especially considering the proliferation during a ban on clinics opening while the hardship process occurred).

3) The recent proliferation of clinics is mostly caused by people wanting to make money quickly with relatively little outlay when considered against the return on investment. Our office averages about 5-6 calls per day from potentially new entrepreneurs. Some of you are dedicated to marijuana as medicine. I know that. Others are dedicated to making money. You know that.

I expect that the cops, supported by various task forces and the DEA, will raid a significant number (a dozen or more?) clinics very dramatically and with news crews broadcasting, door kicking, dope grabbing, detaining, arresting, etc. behavior. Some law enforcement mucky muck will explain that the clinics violate both state and federal law (thereby meeting A.G. Holder’s rules for DEA engagement).

So DO THIS NOW to protect yourselves and your patients:

1) Protect your patient records. If you use computers and a modem to run your business you may be a “provider” within the meaning of the federal HIPAA medical privacy laws, and your patients’ physician’s recommendations must be protected. In addition, the medical information falls within Article 1, Section 1 privacy provisions of the California Constitution. I assure you that the narcs will not care about HIPAA or the State Constitution and will seize your records. Let your lawyer worry about that problem. We actually have skills for this sort of thing.

2) My advice: A) duplicate your entire patient list and physicians’ recommendations in the next few days, preferably on computer, and preferably cached in a place that is secure (your house is not secure). They will hit your house and take your computer, as well as the clinic’s computer. Store the records encrypted online or on a CD or DVD or for that matter, a USB transport drive); B) your patient books must remain onsite for you to legally conduct business. However, your accounting books, correspondence and other papers should be removed and stored in a safe place, again not your residence. If the cops want your books, the DA knows how to issue a subpoena, and hopefully your lawyer knows how to quash one; C) The narcs will especially be looking for “pays and owes”, i.e., notes or lists of what marijuana you purchased, at what price and what you sold that product for at a presumably higher price. It does not matter whether you have used aliases or encrypted names. The list is the list and is a nasty piece of prosecution evidence if the disparity of what you paid and what you sold for is substantial. Put it somewhere safe. They will try to decrypt it, and at a minimum, use expert testimony to explain its intricacies to a jury.

3) Minimize your on-site inventory. They are going to take it, so the more you have, the more you will lose. If somebody else gets hit, breathe a sigh of relief after the next round is over.

4) If you are raided, the cops will order you to open the safe. Presumably, the warrant will cover the contents in any safe, which means their order is legal (read the warrant – they have to give you a copy). Open the safe if the cops order it. If you don’t cooperate, they will have locksmiths drill the safe. Why waste a good safe? Obviously, it would be good to have nothing of significance inside the safe.

5) These raids will make no sense unless the cops make arrests. The cops may arrest all employees in the dispensary, or just the manager, or just the owner, etc.. We have no way of knowing who or how many in advance. You probably will be charged with violating Health & Safety Code Sec. 11359 (possession for sale – a felony). Bail for Sec. 11359 is $20,000 for under a pound, $25,000 for more than 1 lb., $30,000 for more than 10 pounds, $50,000 for more than 25 pounds and $100,000 for over 50 pounds. If you have edibles, they will count the weight of each entire brownie, etc. The smaller the inventory the smaller your bail. Assume you or your employees are going to get arrested NOW, not later, and make preparations to pay for bail. The cops also may cheat and weigh the weed inside its container. Shit happens. Just be ready. Jail is unpleasant.

6) Put aside a serious chunk of money NOW for lawyers. If you own a clinic, you may have a very hard time qualifying for public defender or indigent defense legal services. Employees are more likely to get appointed counsel since they make relatively small money. DO NOT put your bail or attorney money into your BANK. As soon as they can find bank statements, check books, etc., they are going to freeze your accounts, and then try to forfeit your money. They also will tell the bank not to let you have access to your accounts, and your bank will obey. Make alternative plans with people you can trust. You are simply trying to keep your business going under potential adverse circumstances. Your business is legal under California law, and you should take appropriate precautions. Think earthquake, etc..

7) DO NOT under any circumstance deposit or withdraw $10,000 or more from your bank. They are required to report such transactions to the FBI. They also may, but are not required to, report smaller cash deposits and withdrawals.

8) If your patients use an on-site debit or credit card machine, there is a fair chance that IRS forensic accountants will eventually be looking at those transactions. Your books must reflect your patients’ electronic transactions. There are formulas for extrapolating gross income from credit/debit card data.

9) The cops are not your friends. If they arrest you, they will not “go easy” on you if you cooperate. They will not “talk to the DA” on your behalf. They will screw you. They are expressly allowed by the U.S. Supreme Court to lie to you to get you to confess wrongdoing. SHUT UP AND CALL A LAWYER. DO NOT WAIVE YOUR MIRANDA RIGHTS. IF TIME GOES BY, JUST SIT THERE AND BEAR IT.

10) The reason weed costs $400/oz. is because it is legally dangerous to possess, grow, sell or transport. You may take the risk out of dedication to “the cause”, but some of you make a very healthy living. If it wasn’t illegal, everyone could grow it in his/her backyard. Stop bitching. This risk was and is inherent to the business, and presumably your prices incorporate that risk.

11) If you don’t have a lawyer, i.e., a criminal lawyer, find one NOW. You will need to call someone when it hits the fan, and criminal lawyers after your arrest will demand to be paid up front, as you have no business relationship. (We deal with criminals. What would you expect?)

12) NORML has a list of “approved counsel”. I am on that list, but I don’t like the list itself. You do not need a “marijuana lawyer” no matter what other civilians tell you. You need a very very good criminal lawyer, preferably one who does marijuana cases as a part, but not the entirety of, his/her practice.

13) Some idiot out there seems to think that L.A. marijuana defendants require attorneys from the Bay Area, devoted to “the cause” to defend them. She has tried to explain the rationale to me, and it is nonsense. We have perhaps 100 times as much crime in L.A. as S.F.. Do you really think some out of town dope lawyer is going to scare the D.A.’s office? This isn’t the Matrix, and you certainly are not Neo. You are going to need help.

If you take this warning seriously, do a mitzvah and inform other clinic owners, etc. Not everyone reads Weedtracker. I already have posted an email to my colleagues on a state-wide encrypted criminal defense attorney bulletin board, and 3 or 4 of us advise our colleagues when it gets too arcane.

I have been giving out free bits of advice on Weedtracker periodically over the last several years just to help folks out and have amassed reputation points to show for it. I strongly urge L.A. CITY and L.A. COUNTY clinic owners to make their preparations NOW. They are coming. The difference for surviving or not surviving personally, for the health of your patients, and for your dispensary is PREPARATION. Good luck.

Charles L. “Chuck” Lindner
Attorney at Law
Santa Monica

[WildWill]

It's going to be a very interesting next couple of weeks...especially since there is going to be a big protest outside of the meeting.

[TrueReligion]

EDIT: wait, does this apply for just L.A? Is Orange County (potentially) good?

[WildWill]

If Los Angeles is allowed to close all our dispensaries, you can bet that other cities will follow.

[mrwhite89]

If the LA County DA closes all the dispensaries in LA, it's just going to go underground again. Less tax revenues and more crime. I just don't understand why the powers that be demonize this wonderful plant. Stupid.

[Xenevo]

This is outrageous.

You're a great person for bringing this to attention.

I just don't understand what makes the raids relevant? What makes them important? Why do we need raids?

Who pays the D(E)A?

How much do we pay to raid each individual institution?

If the country is in debt, where's the benefit?

Actually, why is there such a lack of rationality?

Because god fucking damn it, I'm a human too, and I'm getting sick of this shit -- I don't even live in CA, that's the fucking irony.

Time for a cultural revolution kids -- flip the fucking tables -- burn down the fucking cynics and start over again. Because our "tradition" has nothing to do with "current knowledge".

www.thezeitgeistmovement.com
www.thevenusproject.com
www.thezeitgeistfilm.com

PEOPLE: FLIP THE TABLES! AREN'T YOU TIRED OF BEING A FUCKING PUPPET? SERIOUSLY?

[TheDankery]

This is fucked.... this topic should be pinned or something I think.

I'm just frustrated... I feel boxing right now or kicking a punching bag or something. This pisses me off very much.

These fuckers behind the raids are just plain troglodytes... cave creatures with no grounding in reality.

Assholes do not know better than the majority of Californians who voted for MMJ in this state; and they sure as fuck do not know better doctors or even the patients themselves.

[WildWill]

Remember, this particular issue is now a LOCAL law enforcement problem.

The City Council and the Mayor may need to step in here and reign in these two jackasses. I know for a fact that the major associations of Dispensary owners in Los Angeles have been negotiating with them all for quite a while, and now these two jackasses go off full-cocked and start threatening to close ALL of the clubs. GUess what will happen, they'll hit one, maybe two, or a few dozen in one or two days, then they'll get a cease and desist from the State DAs office, and it will go to court. Where it will be shot down.

Granted, there are FAR too many dispensaries than we need at the moment, but no one thinks these two will be able to close ALL the clubs in LA.

Like I said, it's going to be an interesting few weeks.

[WildWill]

Here's the LA Times article on today's meeting:

All L.A. County medical pot dispensaries face prosecution, district attorney says -- latimes.com

All L.A. County medical pot dispensaries face prosecution, district attorney says
Where’s the weed?

By John Hoeffel
Los Angeles Times Staff Writer
October 8, 2009 | 2:37 p.m.

Los Angeles County District Attorney Steve Cooley said today that all the medical marijuana dispensaries in the county are operating illegally, and that "they are going to be prosecuted."

There are hundreds of dispensaries throughout the county, including as many as 800 in the city of Los Angeles, according to the city attorney's office. They operate under a 1996 voter initiative that allowed marijuana to be used for medicinal purposes, and a subsequent state law that provided for collective cultivation.

Based on a state Supreme Court decision last year, Cooley and City Attorney Carmen Trutanich have concluded that over-the-counter sales are illegal. Most if not all of the dispensaries in the state operate on that basis.

Cooley said his office had already begun preparing to prosecute a Culver City dispensary called Organica.

Widespread criminal prosecutions could deal a sharp blow to the medical marijuana movement in California, where advocates have argued that access to the drug has helped many cancer patients and others manage pain, nausea and other health issues.

Cooley and Trutanich announced their plans after a training session for narcotics officers at the Montebello Country Club. Outside about 100 medical marijuana advocates protested, saying that not allowing over-the-counter sales threatens the distribution of a product that many sick people have come to rely on.

Barry Kramer, operator of the California Patient Alliance, a dispensary on Melrose Avenue, said, "If this is the way it goes, we'll go underground again. There will be a lot more crime."
Copyright © 2009, The Los Angeles Times

Regarding the part in bold - I count myself fortunate to say that Barry is a personal friend of mine.

[TheDankery]

How in the hell are they going to raid 800+ dispensaries? Is there anyone on this planet who can make the argument that raiding over 800+ businesses is REALLY a good usage of our failed state's dwindling, if not non-existent entirely; resources?

The LA Times has a new article about this.

Edit: I see you just posted it above me ^

Seriously my blood is boiling. I'm going to kick box or something right now to get my aggression out. This is just bullshit.

[Smawrpg]

honestly why consider this? I want to know what kind of harm these clinics pose before they go shutting them all down, do they even give a reason?

[lwien]

Here is the original thread. The lawyer that I quoted in the original post here is there and answering questions. Good information there of which I'm pretty active in. Check it out...........great informations there. Currently, thread is 5 pages long.

[Legal] Warning: All l.a. Dispensaries - WeedTRACKER

[CaliGrower]

WTF?! and Cali is about to LEGALIZE marijuana use!!! Everyone should be writing a nasty letter to the DAs office!!!

[StimulateMyMind]

I dont see how the DEA can raid dispensaries. How are they even able to do this when the owner's have licenses and shit?

[kjonyou]

Hmmm, I wonder what happens to all our personal information and patient records. In theory, then could create a database of everyones name and then see how many places you have been to. I think I read somewhere that the privacy laws known as HIPPA dose not apply to medical MJ because of some loophole.