Medical Marijuana News

Marijuana Attorney, for Defense Mesa AZ

Medical Marijuana News: Police Raids Continue on Compassion Medical Marijuana Clubs

Since the voters approved Medical Marijuana in 2010, cannabis clubs have opened throughout the valley. However, police raids on these clubs have resulted in search, seizures and arrests in Tempe, Mesa, and the most recent in Gilbert AZ. The raids have not been widely publicized in the news, but are nonetheless taking place throughout Maricopa County.

Gilbert Police Detectives obtained a search warrant on October 25, 2012 against 1st Class Compassion in Gilbert AZ. Items seized included Marijuana, food containing Marijuana, powder, and money. Three people are allegedly facing felony charges including marijuana possession for sale; and narcotic drug sales; resulting from the raids.

Although the Medical Marijuana Law was officially passed two years ago, the Arizona prosecution and law enforcement officials refuse to recognize it. This is because Federal Law still prohibits use sales, distribution, growth, or manufacturing of Medical Marijuana. They argue that the federal drug laws pre-empted Arizona voters from approving such law. Consequently, the 32,000 patients who qualified for a Medical Marijuana card, as well as dispensaries in Arizona face arrest, and prosecution, for use or distribution.

Employees of the Arizona Department of Health Services (AZDHS) have also been threatened with arrest and prosecution if they proceed with duties of their job that involve legalization of Medical Marijuana. They have been warned that their activities would constitute the criminal offense of aiding and abetting illegal drug crimes.

Primarily, the dispensaries have sued because of the state refused to honor County zoning clearances for otherwise qualified dispensaries to conduct business. At least 37 dispensaries registered for certificates, but none have completed the steps required to be opened for business due to the threat of prosecution; refusal of the state to provide the County zoning clearances; or having their registration certificates denied.

Currently there are at least 6 cases pending litigation for prohibition of Medical Marijuana. It appears, the state would like to see the matters settled at the US Supreme Court level.

Criminal Defense for Medical Marijuana or Marijuana Charges Mesa, AZ

Until final decisions can be made by the high courts, qualified medical marijuana card holders and dispensaries face prosecution. If charged, Marijuana possession for use, sale or distribution will expose a person to penalties under the illegal drug laws of Arizona. These penalties can be very serious. Depending on the quantity of the drug involved, a person may face jail or prison terms and other harsh sentencing. If you were arrested or face charges involving any Marijuana offenses, you should consult an experienced criminal defense attorney to discuss your options. The Law Office of James Novak defends Marijuana Charges on a regular basis. James Novak, has been serving clients for over a decade. He is a former Maricopa County Prosecutor, with a vast amount of knowledge and experience in illegal drug and Marijuana laws, and defenses. If retained, James Novak, Attorney at Law will protect your constitutional rights, and defend your charges.

Additional Resources:

• Arizona Department of Health Services
• Arizona Marijuana Laws – Criminal Code
• Arizona Medical Marijuana Act – A.R.S. 36 – 2801.1 to 2801.19

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