ORANGE COUNTY'S

Leading Medical Marijuana Defense Attorney

LAWYER JEFFREY N. STIVERS

California State Bar, Federal Central District Court of California, Federal Northern District of California, Federal Southern District of California, Court of Appeals

Calif. tax officials: Legal pot would bring $1.4B

FILE - In this Feb. 16. 2008 file photo, Richard Lee, president of Oaksterdam AP –By MARCUS WOHLSEN, Associated Press Writer Marcus Wohlsen, Associated Press Writer – Wed Jul 15, 9:14 pm ET

SAN FRANCISCO – A bill to tax and regulate marijuana in California like alcohol would generate nearly $1.4 billion in revenue for the cash-strapped state, according to an official analysis released Wednesday by tax officials.

The State Board of Equalization report estimates marijuana retail sales would bring $990 million from a $50-per-ounce fee and $392 million in sales taxes.

The bill introduced by San Francisco Democratic Assemblyman Tom Ammiano in February would allow adults 21 and older to legally possess, grow and sell marijuana.

Ammiano has promoted the bill as a way to help bridge the state's $26.3 billion budget shortfall.

"It defies reason to propose closing parks and eliminating vital services for the poor while this potential revenue is available," Ammiano said in a statement.

The way the bill is written, the state could not begin collecting taxes until the federal government legalizes marijuana. A spokesman says Ammiano plans to amend the bill to remove that provision.

The legislation requires all revenue generated by the $50-per-ounce fee to be used for drug education and rehabilitation programs. The state's 9 percent sales tax would be applied to retail sales, while the fee would likely be charged at the wholesale level and built into the retail price.

The Equalization Board used law enforcement and academic studies to calculate that about 16 million ounces — or 500 tons — of marijuana are consumed in California each year.

Marijuana use would likely increase by about 30 percent once the law took effect because legalization would lead to falling prices, the board said.

Estimates of marijuana use, cultivation and sales are notoriously difficult to come by because of the drug's status as a black-market substance. Calculations by marijuana advocates and law enforcement officials often differ widely.

"That's one reason why we look at multiple reports from multiple sources — so that no one agenda is considered to be the deciding or determining data," said spokeswoman Anita Gore.

Advocates and opponents do agree that California is by far the country's top pot-producing state. Last year law enforcement agencies in California seized nearly 5.3 million plants.

If passed, Ammiano's bill could increase the tension between the state and the U.S. government over marijuana, which is banned outright under federal law. The two sides have clashed often since state voters passed a ballot measure in 1996 legalizing marijuana for medical use.

At the same time, some medical marijuana dispensary operators in the state have said they are less fearful of federal raids since U.S. Attorney General Eric Holder said the Justice Department would defer to state marijuana regulations.

Advocates pounced on the analysis as ammunition for their claim that the ban on marijuana is obsolete.

"We can't borrow or slash our way out of this deficit," said Stephen Gutwillig, California state director of the Drug Policy Alliance. "The legislature must consider innovative sources of new revenue, and marijuana should be at the top of that list."

Ammiano's bill is still in committee. Hearings on the legislation are expected this fall.

Also Wednesday, three Los Angeles City Council members proposed taxing medical marijuana to help close the city's budget gap.

Council members Janice Hahn, Dennis Zine and Bill Rosendahl backed a motion asking city finance officials to explore taxing the drug.

Hahn said that with more than 400 dispensaries operating in the city, the tax could generate significant revenue. The motion pointed out that a proposed tax increase on medical marijuana in Oakland, which has only four dispensaries, was projected to bring in more than $300,000 in 2010.

Meanwhile, marijuana supporters have taken the first official step toward putting the legalization question directly to California voters.

A trio of Northern California criminal defense attorneys on Wednesday submitted a pot legalization measure to the state attorney general's office, which must provide an official summary before supporters can begin gathering signatures.

About 443,000 signatures are necessary to place The Tax, Regulate and Control Cannabis Act on the November 2010 ballot. The measure would repeal all state and local laws that criminalize marijuana.

Medical Marijuana, Legal, Pot, Rights, Lawyer, Attorney, Orange County, Northern CA

Justice Department memo rules on Medical Marijuana

Prosecutors will not seek to arrest users who are in strict compliance with state laws, officials say.

Washington -  The Obama administration will not seek to arrest medical marijuana users and suppliers as long as they conform to state laws, under new policy guidelines to be sent to federal prosecutors today.

Two Justice Department officials described the policy to the Associated Press, saying prosecutors will be told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state laws.

The policy is a significant departure from the Bush administration, which insisted it would continue to enforce federal anti-pot laws regardless of state codes.

Fourteen states allow some use of marijuana for medical purposes: Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.

Atty. Gen. Eric H. Holder Jr. said in March that he wanted federal law enforcement officials to pursue those who violated federal and state law, but it has not been clear how that goal would be put into practice.

A three-page memo spelling out the policy is expected to be sent today to federal prosecutors in the 14 states and to top officials at the FBI and the Drug Enforcement Administration.

The officials spoke on condition of anonymity because they were not authorized to discuss the legal guidance before it is issued.

The government will still prosecute those who use medical marijuana as a cover for other illegal activity, the officials said.

The memo warns that some suspects may hide drug dealing or other crimes behind a medical marijuana business. In particular, the memo urges prosecutors to pursue marijuana cases that involve violence, illegal use of firearms, selling pot to minors, money laundering or other crimes.

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U.S. to yield Marijuana jurisdiction to states

(02-26) 20:00 PST San Francisco -- U.S. Attorney General Eric Holder is sending strong signals that President Obama - who as a candidate said states should be allowed to make their own rules on medical marijuana - will end raids on pot dispensaries in California.

Asked at a Washington news conference Wednesday about Drug Enforcement Administration raids in California since Obama took office last month, Holder said the administration has changed its policy.

"What the president said during the campaign, you'll be surprised to know, will be consistent with what we'll be doing here in law enforcement," he said. "What he said during the campaign is now American policy."

Bill Piper, national affairs director of the Drug Policy Alliance, a marijuana advocacy group, said the statement is encouraging.

"I think it definitely signals that Obama is moving in a new direction, that it means what he said on the campaign trail that marijuana should be treated as a health issue rather than a criminal justice issue," he said.

Piper said Obama has also indicated he will drop the federal government's long-standing opposition to health officials' needle-exchange programs for drug users.

During one campaign appearance, Obama recalled that his mother had died of cancer and said he saw no difference between doctor-prescribed morphine and marijuana as pain relievers. He told an interviewer in March that it was "entirely appropriate" for a state to legalize the medical use of marijuana "with the same controls as other drugs prescribed by doctors."

After the federal Drug Enforcement Agency raided a marijuana dispensary at South Lake Tahoe on Jan. 22, two days after Obama's inauguration, and four others in the Los Angeles area on Feb. 2, White House spokesman Nick Schapiro responded to advocacy groups' protests by noting that Obama had not yet appointed his drug policy team.

"The president believes that federal resources should not be used to circumvent state laws" and expects his appointees to follow that policy, Schapiro said.

The federal government has fought state medicinal pot laws since Californians voted in 1996 to repeal criminal penalties for medical use of marijuana.

President Bill Clinton's administration won a Supreme Court case, originating in Oakland, that allowed federal authorities to shut down nonprofit organizations that supplied medical marijuana to their members. Clinton's Justice Department was thwarted by federal courts in an attempt to punish California doctors who recommended marijuana to their patients.

President George W. Bush's administration went further, raiding medical marijuana growers and clinics, prosecuting suppliers under federal drug laws after winning another Supreme Court case and pressuring commercial property owners to evict marijuana dispensaries by threatening legal action.

The Bush administration also blocked a University of Massachusetts researcher's attempt to grow marijuana for studies of its medical properties. Piper, of the Drug Policy Alliance, said he hopes Obama will reverse that position.

"If you removed the obstacles to research," he said, "in 10 to 15 years, marijuana will be available in pharmacies."

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Federal Decriminalization Bill Introduced -- Bill Would End Federal Authority to Arrest Adults for Pot Possession Washington, DC: US Congressman Barney Frank (D-MA) introduced legislation in Congress today to strip the federal government of its authority to arrest responsible adult cannabis consumers. The measure, H.R. 5843, known as an "Act to Remove Federal Penalties for Personal Use of Marijuana by Responsible Adults," is the first federal decriminalization legislation introduced in 24 years. "It's time for the politicians to catch up with the public on this [issue]," Frank said. "The notion that you lock people up for smoking marijuana is pretty silly." Frank's pending bill, co-sponsored by presidential candidate Rep. Ron Paul (R-TX), seeks to eliminate all federal penalties prohibiting the personal use and possession of up to 100 grams (3 1/2 ounces) of marijuana. Under this measure, adults who consume cannabis would no longer face arrest, prison, or even the threat of a civil fine. The bill also eliminates all penalties for the not-for-profit transfers of up to one ounce of pot. NORML Legal Counsel Keith Stroup, who worked closely with Frank's staff to draft this legislation, said, "If passed by Congress, this legislation would legalize the possession, use, and non-profit transfer of marijuana by adults for the first time since 1937." The bill incorporates the basic recommendations of the National Commission on Marijuana and Drug Abuse (also known as the Shafer Commission). Currently, twelve states have enacted various versions of marijuana decriminalization, eliminating criminal penalties for minor pot violations. According to federal data, passage of these laws has not subsequently led to increased marijuana use. "This newly introduced legislation seeks to bring the federal government into line with the over 100 million Americans who currently live in a state or municipality that has already decriminalized cannabis possession," NORML Executive Director Allen St. Pierre said today. "This year, the masses in the U.S. celebrating 4/20 really have something to rejoice, and to now lobby for." Similar statewide legislation is pending in New Hampshire and Vermont. Additionally, Massachusetts voters will decide on a statewide decriminalization measure this November. According to a nationwide CNN/Time Magazine poll, more than three-quarters of American adults favor decriminalizing marijuana. For more information, please contact Keith Stroup, NORML Legal Counsel, at (202) 483-5500. Supporters can write their Representatives in favor of this Federal Medical Marijuana Bill Introduced by Rep. Ron Paul Washington, DC: Representative Ron Paul (R-TX) introduced H.R. 5842, the "Medical Marijuana Patient Protection Act," earlier today. This bill would make federal authorities respect states' current laws on medicinal cannabis and end DEA raids on facilities distributing medical marijuana legally under state law. Representative Paul, whose presidential campaign prominently featured the ending of the drug war as a platform plank, was joined by Representative Barney Frank (D-MA) in sponsoring this bill. "I think marijuana is a helpful medical treatment for the people who have intractable nausea," Paul said in a 2004 House debate regarding a similar measure. "I would like to point out this is not something strange that we are suggesting here. For the first 163 years of our history in this country, the federal government had total hands off, they never interfered with what the states were doing." Twelve states have approved the use of medical marijuana, beginning with California in 1996 with the passage of Proposition 215. The DEA continues to raid and harass medicinal cannabis dispensaries operating within these states' laws. Presidential candidates Hillary Clinton and Barack Obama have both indicated they would end such raids should they be elected. Michigan will vote on an initiative to adopt medical cannabis legislation this November. Minnesota and Rhode Island's respective legislatures are also considering pro-reform legislation this year. For more information, contact NORML Legal Director Keith Stroup at (202) 483-5500.

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ATTORNEY STIVERS RESULTS SPEAK FOR THEMSELVES...

Drug Possession Charges - Dismissed
Medical Marijuana - Dismissed
Assault with a deadly weapon - Dismissed
Assault & Battery - Dismissed
3 Strikes - 9 Months
Child Custody - Full Custody Granted
Modification of Custody Support - Granted
Attempted Murder- Dismissed

Attorney Stivers is concerned, commitment, and experienced in his practice of defending Cannabis or Marijuana Rights. He specializes in drug related charges and is readily available to his clients and supporting to them through their troubling time. Attorney Stivers has rightfully earned the respect of Prosecuters and Judges because he is not afraid to challenge them on any issue.

If you are the victim of police aggression, DEA, unlawful search and seisure, a drug raid, or any assult on your right to use Cannabis / Marijuana for Medicinal purposes, you need to call my office now!

The Law Offices of Jeffrey N. Stivers, is located in Laguna Niguel, in Orange County California, and is dedicated to serving the needs and protecting the rights of his clients.

Jeffery N. Stivers represents clients in California as a criminal defense attorney and an authority on marijuana laws. Based in Orange County, Attorney Stivers serves the areas of Laguna Beach, Huntington Beach, Irvine, Dana Point, El Toro, Lake Forest, Tustin, Anaheim, Orange, San Clemente, & Newport Beach.

The Law Offices of Jeffrey N. Stivers handles all Misdemeanor and Felony matters, as well as all Family Law matters.

Attorney Stivers is available to you 24 hours a day.

CALL (949) 364-1199

California to Legalize Weed for Everyone!

There is an initiative in the works that could end up on the November ballot that allows for marijuana to be sold to anyone, and anywhere that already sells alcohol. Its being called The Inalienable Rights Enforcement Initiative. From the full text of the measure:

This initiative will amend the Constitution of California to defend and safeguard the inalienable rights of the People against infringement by governments and corporations, providing for the lawful growth, sale, and possession of marijuana. Marijuana will be taxed through a system of stamps and licenses--a $5 stamp will be required for the sale of an eighth ounce of marijuana and a $50 annual license will be required for the growth of one marijuana plant. To protect participants and encourage participation in the system, such licenses and stamps will be available anonymously in stores where marijuana is sold.

So instead of getting some quack doctor to give you a prescription for $100 because of your supposed "anxiety" or alleged "insomnia", you will just pay an extra tax each time you buy yourself another 8th.

Aside from allowing all willing adults to be able to buy weed easily, this initiative will start to generate revenue for California, and stimulate our struggling economy. More weed stores means more jobs for Californians, more taxes to be collected, and more people enjoying better weed. And finally marijuana will be put into the same file as Alcohol and Cigarettes where it belongs, instead of it being equated with crack-cocaine and heroine.

We also hold these truths to be self-evident-That, as an intoxicant, marijuana is far less harmful to the health and safety of the People than alcohol--That, as a smoking substance, marijuana is far less addictive or harmful to the health of the People than tobacco--That, even though alcohol is harmful to the health and safety of the People, the prohibition of alcohol from 1920 to 1933 only increased the harms associated with alcohol use: criminals seized control of the alcohol market, crime and violence increased greatly, and poverty, unemployment, and corruption flourished, while otherwise lawful alcohol drinkers were treated as "criminals" subject to detention, arrest, and incarceration, even though they had not harmed the rights of anyone--That, as with alcohol prohibition, the prohibition of marijuana has only increased the harms associated with the use of marijuana: criminals control a multi-billion dollar market, crime and violence have increased greatly, and poverty, unemployment, and corruption flourish, while otherwise law-abiding marijuana smokers are treated as "criminals" subject to detention, arrest, and incarceration, even though they have not harmed the rights of anyone-That the history of marijuana prohibition is a history of repeated injuries and infringements upon the inalienable rights, powers, and best interests of the People.

Read entire article

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Justice Department Tells DEA To Leave Marijuana Users Alone

One of the most crucial tenets of the American government is the fact that States have the right to govern themselves.

Fourteen states have already taken this right to heart by passing legislation that allows the growth, sale and use of medical marijuana. Regardless of the fact that, according to state law, patients prescribed marijuana aren't doing anything illegal; dispensaries, growers and patients have been continually harassed and even arrested by agents of the Drug Enforcement Administration.

Thanks to a memo just released by the Justice Department, however, these patients and business people are no longer to be the target of federal investigations.

"Under the policy spelled out in a three-page legal memo, federal prosecutors are being told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state law.

The guidelines issued by the department do, however, make it clear that federal agents will go after people whose marijuana distribution goes beyond what is permitted under state law or use medical marijuana as a cover for other crimes" (Associated Press).

Just to give you an idea about how long overdue this decision is: Lester Grinspoon, MD, Emeritus Professor of Psychiatry at Harvard Medical School, wrote in an Aug. 17, 2003 article published in the Boston Globe:

"Doctors and nurses have seen that for many patients, cannabis is more useful, less toxic, and less expensive than the conventional medicines prescribed for diverse syndromes and symptoms, including multiple sclerosis, Crohn's disease, migraine headaches, severe nausea and vomiting, convulsive disorders, the AIDS wasting syndrome, chronic pain, and many others."
This policy change is a huge departure from the way that medical marijuana use was viewed by the last administration, which pledged to continue to vigorously pursue medical marijuana users regardless of any laws passed in the states themselves.

"This is a major step forward," said Bruce Mirken, communications director for the Marijuana Policy Project. "This change in policy moves the federal government dramatically toward respecting scientific and practical reality."

14 states allow some use of marijuana for medical purposes: Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.

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Dope gig! Paper hiring reefer reviewer...

Many applicants offering to work for free critiquing state’s dispensaries

updated 1:55 p.m. MT, Tues., Oct . 20, 2009

DENVER - The store has a television lounge and a pool table, and snacks and acupuncture are free for customers who drop up to $130 an ounce on 16 varieties of marijuana. But a reviewer of the business warns the decor looks a little cliche, what with the Grateful Dead posters on the wall and the Mexican-blanket tablecloths.

The medical marijuana review business is booming as states like Colorado and California have seen an explosion in the number of pot shops.

A Denver alternative newspaper recently posted an ad for what some consider the sweetest job in journalism — a reviewer of the state's marijuana dispensaries and their products.

Medical marijuana users can also look to dozens of review Web sites, even mainstream rating sites such as Yelp or Citysearch, to find their high. At least five iPhone applications allow weed fans to find the closest place to legally buy bud in the 14 states that allow some sort of medical marijuana.

Marijuana Possession Offenses

If you were convicted of possession of marijuana for personal use then you do not necessarily need to get a dismissal for the offense. Under California Health and Safety Code Sections 11361.5 and 11361.7 all possession of marijuana for personal use convictions, after January 1, 1976, are erased from your record after two years. BE CAREFUL! The conviction cannot be for cultivation, sales or transportation. If it is, it will be on your record.

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Rifle-toting DEA Agents Raid Marijuana Store

Orange County Register
ORANGE–

A medical marijuana dispensary in the middle of a legal battle with the city of Orange was raided again by federal agents.

Nature’s Wellness Collective owner Bob Adams said the dispensary was raided by approximately 14 DEA agents armed with assault rifles and accompanied by members of the Orange Police Department just after 1 p.m. Tuesday. Adams said agents took all of his medicinal marijuana supply, money from the store’s register and ATM machine, computers, cameras, smoking pipes and his city-issued business license and detained him and his three employees.

Nature’s Wellness was first raided by agents from the Drug Enforcement Agency and Orange police officers in March. Adams said the latest raid was much the same.

Kamis Day, another employee, spoke from his cell phone from a holding cell in Santa Ana: “They kicked in the door, smashed everything, handcuffed me and threw me in the back of the car. They didn’t read me my rights.”

Adams, Day and the other employees were released after about two hours and said they were not charged.

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Please contact President Obama and demand an explanation for this Bush-era DEA raid!

According to a vague statement released by the DEA last night, this collective was not complying with state law and therefore wasn’t subject to the recent policy change.

However, the San Francisco Department of Public Health has issued a conditional permit to the collective, which was actively working with the city to obtain a permanent license. And, it appears that the San Francisco Police Department was not even notified of the raid or the alleged violation of state law.

To our knowledge, nobody has been arrested as of press time. MPP is still looking into this situation and will post any new developments on our blog.

Please don't forget to forward this alert to your friends and family so that they too can demand an explanation for this recent federal attack on medical marijuana.

Thank you for supporting MPP and taking action to protect medical marijuana patients and providers.

Medical Marijuana, Bill, Law, Case, Lawyer, Attorney, Orange County California, Cannabis

Federal Medical Marijuana Bill Introduced by Rep. Ron Paul

Washington, DC:   Representative Ron Paul (R-TX) introduced H.R. 5842, the "Medical Marijuana Patient Protection Act," earlier today.   This bill would make federal authorities respect states' current laws on medicinal cannabis and end DEA raids on facilities distributing medical marijuana legally under state law.

Representative Paul, whose presidential campaign prominently featured the ending of the drug war as a platform plank, was joined by Representative Barney Frank (D-MA) in sponsoring this bill.

"I think marijuana is a helpful medical treatment for the people who have intractable nausea," Paul said in a 2004 House debate regarding a similar measure.   "I would like to point out this is not something strange that we are suggesting here. For the first 163 years of our history in this country, the federal government had total hands off, they never interfered with what the states were doing."

Twelve states have approved the use of medical marijuana, beginning with California in 1996 with the passage of Proposition 215. The DEA continues to raid and harass medicinal cannabis dispensaries operating within these states' laws.   Presidential candidates Hillary Clinton and Barack Obama have both indicated they would end such raids should they be elected.

Michigan will vote on an initiative to adopt medical cannabis legislation this November.   Minnesota and Rhode Island's respective legislatures are also considering pro-reform legislation this year.

Medical Marijuana, DEA, Raid, Lawyer, Attorney, Orange County, Federal, Cannabis

Jeffrey N. Stivers is Orange County's authority on Marijuana Law and has been serving Northern California and Orange County: Laguna Beach, Laguna Niguel, Dana Point, Newport Beach, Costa Mesa, Humbolt, Arcata, San Francisco Bay Area, Mission Viejo, El Toro, Lake Forest, Irvine, Tustin, Santa Ana, Orange, Huntington Beach, and San Clemente.

CALL (949) 364-1199