When you hear about a state, like California “legalizing” cannabis, all you read about and see in the media is that IT IS LEGAL NOW!!! Hooorayyy!!
What you don’t hear about are the countless arrests being made for possession, sales, transportation and cultivation. So, we ask, if it’s legal, why are people being arrested and going to jail? The answer is simple, IT IS NOT YET LEGAL.
What we have is partial legalization and myriad of regulations, laws and rules. In California, if you are 21 and older you can possess up to 1 ounce. Anything more is a misdemeanor.
The sad part is those who are traveling to California to visit as tourists, who think it’s legal and proceed to take it back with them through LAX or other airports. To make matters worse, LAX printed a policy that they do not care if someone comes through with under an ounce. People are now relaxed and think they can bring whatever they want. We get at least 3 or 4 calls a week from people arrested at LAX for having over an ounce, or several pounds or 50 vape cartridges or some edibles, and they are looking at Felony exporting charges. We have other instances where a person flies out of LAX with cannabis then gets arrested when they land in another state. Please remember, no matter what State you are in, Airports are governed federally, and federal law still lists cannabis as an illegal schedule 1 drug.
It must also be pointed out that even those businesses with a State License are still subject to arrest. We have several clients with fully permitted (by a city) and licensed (by the state) cannabis businesses and they are still subject to arrest, detention and criminal charges. While we will be able to prove that they are operating in compliance, they still have to go through the criminal justice system, spend time in jail, spend a lot of money having to bail out and defend the charges.
We have heard all too many times from clients who have been arrested, say, “I Thought It Was Legal Now?” Then we have to explain why, in fact, it is not legal.
When traveling from state to state one must be aware of cannabis laws as they vary depending on where you are.
Remember it will only be considered LEGAL when NOBODY is being ARRESTED for this beautiful plant called CANNABIS.
Marc D Wasserman, Esq.
Law Offices of Marc D. Wasserman, Inc.
POT BROTHERS AT LAW
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Marc D. Wasserman, Esq. Law Offices of Marc D. Wasserman, Inc.
12362 Beach Blvd., Suite 15 Stanton, CA 90680
714 934 8383
714 799 5504 fax firstname.lastname@example.org email