I have been asked a lot of questions about delivery services and City ordinances which ban delivery services. A delivery service can only function as part of a medical marijuana collective and the collective must, of course, be properly organized and operated. State law provides immunities from criminal prosecution for medical marijuana collectives which would include the delivery services and the drivers. However if the collective is not properly organized and operating it would be a “drug house” subject to criminal prosecution as would be the delivery service. The City regulations which purport to ban delivery services, we believe, are unconstitutional, preempted by state law. We are taking this issue to the Court of Appeals. If you have any questions about the proper operation of the delivery service you can call me. The office phone number is 909-307-5750 and my cell phone number is 909-533-8944. I am currently representing several delivery services and grow operations in criminal court and filing motions to dismiss the criminal charges based upon California’s medical marijuana laws. What most criminal lawyers and public defenders do not understand is that there is a waiver of the defenses in the medical marijuana laws if the defendant pleads not guilty. Instead of a not guilty plea a motion to dismiss the criminal charges must be filed.
Posted on: Fri, 16 Aug 2013 18:17:36 +0000
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