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Petition for Resentencing or Dismissal Pursuant to Health & Safety Code section 11361.8 – Marijuana Justice Meets 21st Century – California’s Prop 64

On February 4, 2019   /   marijuana   /   Leave a comment

It’s almost hard to believe it took so many years to “decriminalize” marijuana in California. Yet, California’s Proposition 64, The Adult Use of Marijuana Act does exactly that, under certain circumstances. Under Health & Safety Code § 11361.8, a person currently serving a sentence, or who has completed a sentence for a conviction of a violation of sections 11357, 11358, 11359, or 11360 of the Health & Safety Code may be eligible to have the conviction reduced to a misdemeanor or an infraction and resentenced, or dismissed as applicable.

The Butte County Superior Court has made it relatively easy to check eligibility and, if eligible, to download and file the petition or application, as the case may be, for those with Marijuana convictions in Butte County, California. Simply go to https://www.buttecourt.ca.gov/LocalRules/ and scroll down to “Other Forms” and click the .pdf file entitled “Petition or Application and Order under HS 11361.8 (Proposition 64)” to see the instructions and to complete the fillable form. Or hire an attorney to do it for you.

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Free Tow in Oroville Butte County if You Drank Alcohol Smoked Marijuana or Crank Methamphetamine Popped Pills Prescription Medication Snorted Cocaine to Excess Labor Day

On September 3, 2018   /   DUI, marijuana   /   Leave a comment

September 3, 2018. Oroville, California

For people at risk of driving under the influence aka driving while intoxicated, or DUI aka DWI, because of drinking alcohol or using drugs on Labor Day, triple a or California State Automobile Association CSAA AAA is offering statewide free tows home up to 10 miles, according to Oroville Mercury Register online Staff Reports dated September 2, 2018. AAA is offering its tipsy tow service for those who have had too much to drink or consumed too many drugs, including prescription medication from a doctor. They say they will tow your car and give you a ride for free up to 10 miles, from 6 pm Monday until 6 am Tuesday (September 3 through September 4, 2018). Call 1-800-AAA-HELP. Tell them you need a tipsy tow. They do not take advanced reservations. DUI and criminal defense attorney, Daniel Ledford, noted as he has before, “If you do call and ask for a tipsy tow, you better not get impatient and change your mind and get in your car to drive home — that call could be inculpatory evidence against you. If you exercised your judgment and concluded you are too impaired to drive by calling for a tipsy tow, then do NOT drive!”

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Butte County Medical Marijuana Ordinance 2.0 Dead – For Now

On August 28, 2012   /   marijuana   /   Leave a comment

August 28, 2012

Oroville, CA – The Butte County Board of Supervisors have all but jettisoned a second attempt at a Medical Marijuana Ordinance after a public hearing this afternoon.  Board chambers were full, mostly with people opposed to what I refer to as Ordinance 2.0 because it would become the second medical marijuana measure adopted by the Board of Supervisors (the first ordinance having been repealed after a popular referendum vote on the June primary ballot).

Ordinance 2.0 would have banned outdoor growing of medical marijuana.  The theory goes that moving the marijuana indoors would reduce things like odor, attractive nuisances (like neighbor kids reaching across the fence out of curiosity), light pollution from security lighting, barking guard dogs, increased traffic and noise, and violent confrontations between thieves and growers.  It’s essentially an out of sight, out of mind approach.

Problems with indoor growing of medical marijuana include the added expenses of hardware, electricity, the pollution created by generating said electricity, and costs of construction and permits for the buildings (not a particularly “green” solution).  Also, to the extent thefts of medical marijuana are perpetrated by acquaintances, moving marijuana grows indoor increases the likelihood of residential burglaries and home invasion robberies – which can be some of the deadliest crimes.

At the end of the hearing, there seemed to be a consensus that the parties needed to get together and try to craft a solution that can be embraced by everyone.  In the meantime, I’d like to propose some self-policing among the growing community – get together and set some standards of conduct.  If a member of the group is giving the group a bad image by leaving barking guard dogs chained up (which seems like animal cruelty), blinding neighbors with flood-lights (a nuisance), leaving trash strewn about (a nuisance and a blight), allowing multiple vehicles to come and go at all hours (a nuisance), and making noise (a nuisance), tell them to clean up their act.  For the Board of Supervisors, I propose putting some teeth in ordinances regarding nuisances and animal control by increasing penalties and funding for nuisance abatement and animal control enforcement.  In this way, good growers and non-growers will be rewarded with more peaceful neighborhoods.

Chico (530) 354-4066              Oroville (530) 534-6100

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‘Tis the Medical Marijuana Season – Compliance Checks, Raids, Pot Busts, Arrests and Prosecutions meet California’s Prop 215 and District Attorney Guidelines

On July 27, 2012   /   marijuana   /   Leave a comment

As a criminal defense attorney in Butte County serving clients in Chico, Paradise, Oroville and surrounding communities, people ask me how to comply with Medical Marijuana laws so they can lawfully possess or cultivate marijuana.  It’s a perfectly legitimate question without a simple answer.

Let’s start with the easier part – Federal law.  There is no such thing as Medical Marijuana in the eyes of the government of the United States.  Under federal law, if you possess or cultivate marijuana, you are committing a federal crime.  Despite the likelihood that the Founding Fathers would role over in their graves if they knew that Congress outlaws the possession or cultivation of marijuana and the FBI arrests people, the US Attorney prosecutes people, and the US District Courts sentence people to federal prison and confiscates their property for possessing or cultivating marijuana, even where the marijuana never crosses state lines, the United States Supreme Court finds this constitutional.  Accordingly, until Congress changes the law or until at least five of the nine justices of the United States Supreme Court change their minds, my advice for complying with federal law is to neither possess nor cultivate marijuana.

California law is a bit trickier.  California’s Prop 215, aka the Compassionate Use Act, provides a defense to prosecution for violating California laws prohibiting the possession and cultivation marijuana.  Thus, in Butte County, the best way to avoid prosecution for possessing or cultivating marijuana is to religiously follow the Butte County DA’s Medical Marijuana Guidelines  Failure to religiously follow said guidelines is not fatal to successfully defending against prosecution.  However, following the Butte County DA’s Medical Marijuana Guidelines reduces the likelihood of being prosecuted in Butte County in the first place.

That being said, if you cultivate or possess marijuana, you can still be arrested.  If that happens, invoke your right to remain silent and ask for a lawyer.

Call for additional information and appointment.

Chico (530) 354-4066            Oroville (530) 534-6100

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Fourth of July Saturation and DUI Checkpoints AAA Offers Tipsy Tow Service

On July 3, 2012   /   DUI, marijuana   /   Leave a comment

It’s time again.  Holidays typically bring about increased focus on driving under the influence (DUI) enforcement.  And checkpoints. And saturation patrols.  Chico Enterpise Record (or Chico ER) and Oroville Mercury News had stories earlier today.  According to Staff Reports, California AAA will again be offering its “tipsy tow” service for drinking drivers on the Fourth of July.  Members and nonmembers can call 1-800-222-4357 for a free tow of up to 10 miles.  The service is available from 6 p.m. Wednesday to 6 a.m. Thursday in Northern California.  The service is restricted to a one-way ride for the driver and the vehicle to the driver’s home.

I’ve said it before and I’ll say it again; the best way to avoid a DUI or boating under the influence (BUI) on Lake Oroville  arrest and criminal charges is to not drink alcohol or use drugs or marijuana before driving or boating.  It’s not illegal to drink and drive or boat — it’s illegal to drink too much and drive or boat.

If you are arrested for DUI or BUI you should hire a Butte County DUI Lawyer in Chico or Oroville, California as soon as possible.

(530) 354-4066 (Chico)

(530) 534-6100 (Oroville)

 

 

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Medical Marijuana and Butte County Measure A on June 5 Ballot

On June 2, 2012   /   marijuana   /   Leave a comment

The Compassionate Use Act of 1996 (Prop 215) is the authoritative law on Medical Marijuana in California — and Butte County (including unincorporated areas and cities like Chico and Oroville). Prop 215 provides a legal defense to criminal prosecution under California law for possessing or cultivating marijuana.

Measure A is a referendum on Butte County Ordinance 4029, the Medical Marijuana Cultivation Ordinance. There are legitimate concerns on both sides of this debate. This author is opposed to Measure A because the Ordinance is simply the wrong law, in the wrong place, at the wrong time (with all do respect to my friends on the Butte County Board of Supervisors and in the County Counsel’s office).

Among other things, the Ordinance limits the number of marijuana plants that may be grown based on the size of the property. That seems to make sense on an intuitive level. However, for parcels that are one-half an acre or less (i.e., most residences), none are allowed. This is probably the most striking provision of the Ordinance in that it effectively bans cultivation of marijuana by most people, even if those people may lawfully cultivate marijuana under California law.

A “Yes” vote on Measure A means the Ordinance will become effective (in which case Butte County can look forward to costly, drawn-out litigation because of an ordinance that conflicts with state law). A “No” vote on Measure A means the Ordinance will not become effective.

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