Feds Crack Down on Medical Marijuana Operations
Irvine, Orange County - The Federal government announced this week they're cracking down on both medical marijuana and commercial marijuana operations in California, which includes one Los Angeles commercial operation that was shipping marijuana to New York.
On Thursday federal prosecutors threatened to shut down medical marijuana dispensaries throughout California, warning landlords to stop sales within 45 days or face their property being seized and be charged with a federal crime. Federal prosecutors allege some medical marijuana operations in the state are operating as a commercial store-front model, which prosecutors say is illegal.
The news of this ramped up enforcement is bit of a surprise for advocates and store owners as the Obama Administration announced in 2009 that federal prosecutors would not target people or businesses using and dealing medical marijuana in states that allow it.
Irvine criminal attorney Michael L. Guisti says first off commercial selling of marijuana is illegal in California, and the federal prosecutors will have the burden of proof to show that various medical marijuana operations were just a cover for a commercial operation.
Guisti says federal law basically trumps state law, which is why the feds are allowed to crackdown on legal medical marijuana operations.
Also, Guisti goes on to say, since this is a federal crackdown those arrested and charged will face their charges in federal court, which have very different rules and procedures from county courts.
For one thing, how you're charged with a federal crime is based on a point system, Guisti says, and once the "points" are "added up" a federal district judge imposes a mandatory minimum and/or maximum sentence based on the final "point value" given to your case.
The point base value is based on the seriousness of the alleged crime, and then points are added or subtracted depending on the circumstances such as the age of the victim, the amount of money involved, if any weapons were used, your criminal history, along with your social and economic stability, Guisti explains.
It's going to be an interesting couple months and it will be interesting how local Orange County police react to this crackdown on medical marijuana, Guisti says. Even with all this going on if you legally possess marijuana you shouldn't have any problems with Orange County law enforcement since local law enforcement represents the state, and the state recognizes, until amended, that medical marijuana is legal, according to Guisti.
If you or your marijuana collective are facing criminal charges call our expert Orange County marijuana attorneys at the Law Offices of Michael L. Guisti at 714-530-9690. Our legal experts have over a decade of experience successfully defending our clients not just in Orange County court, but federal court.



