Also, in 2010, the Governor Pat Quinn signed into law the Illinois Safe Children Act which protects minors forced into sex and ensures that children are immune from criminal prosecution and instead are placed in the child protection system. Human trafficking crimes are also illegal under federal law, Title 18, Chapter 77 and the Mann Act 18 U.S.C.A. § 2421 [as amended 1986], making it a crime to transport a person over interstate lines or for foreign commerce for the purpose of prostitution or other immoral acts.

Prostitution, pimping, pandering and solicitation of prostitution are also illegal under the following Illinois laws listed below. You can be found guilty of crimes ranging from  Class A misdemeanor to a Class 4 felony which carry sentences Prostitution; pandering, pimping and solicitation charges carry sentences of up to 1 yr and/or $2,500 then 1-3 yrs and/or $25,000. Law enforcement may impound any vehicle used by the person in the commission of the offense.

720 ILCS 5 Sec. 11 14.1 solicitation of a sexual act is considered a Class B misdemeanor offense.

720 ILCS 5 Sec. 11 15 solicitation for a prostitute offense is considered a Class A misdemeanor.

720 ILCS 5 Sec. 11 16 pandering by compelling a person to become a prostitute and receiving compensation or arranging for the situation is a Class 4 felony and a Class 3 felony if the violation takes place within 1,000 feet of a school.

720 ILCS 5 Sec. 11 17 keeping a place of prostitution is a Class 4 felony.

720 ILCS 5 Sec. 11 18 patronizing a prostitute is a Class A misdemeanor.
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720 ILCS 5 Sec. 11 19 pimping by receiving any article of value from a prostitution earned in part from act of prostitution is a Class 4 Felony and a Class 3 felony if the violation takes place within 1,000 feet of a school.

Case Example

The Cook County Sheriff’s Office’s pilot program announced that their Columbus Day weekend joint eight law enforcement agency sweep of “Johns” called “National Day of Johns Arrests” resulted in sting activities and arrests on the streets, hotels, brothels, the Internet and other places which were concluded on Monday morning October 10, 2011. Among those agencies that participated were:

Cook County Sheriff Police Department (Illinois)
Aurora Police Department (Illinois)
Cincinnati Police Department (Ohio)
Elgin Police Department (Illinois)
Las Vegas Police Department (Nevada)
Los Angeles Police Department (California)
Phoenix Police Department (Arizona)
Newport News Police Department (Virginia)

There were a total of 247 charges with the arrest of 216 Johns, a total of 223 arrests, fines totaling $238,490, 71 vehicles that were towed, 2 pimp arrests, 8 drug arrests. The majority of arrests took place on the street and in hotels. A grant from Demand Abolition supports Illinois public awareness programs to deter offenders from participating in commercial prostitution and/or human trafficking by offering eligible defendants an opportunity to participate in the law enforcement agency’s pilot program “John Schools.” Other voluntary and involuntary programs are also offered to rehabilitate offenders.

Victims of prostitution and human trafficking are offered social services and safe housing to allow them to leave their lifestyle of prostitution.  The success of the law enforcement agency’s pilot program is expected to lead to future collaboration John sweeps across the nation in the fight of solicitation of sex and related crimes.  Next year, under Illinois Senate Bill 1037, sponsored by Senator Toi Hutchinson (D-Chicago Heights) and Rep Karen Yarbrough (D-Maywood), defendants of human trafficking at the time of their prostitution convictions will be able to file a motion to vacate the conviction if they can prove their participation was because they were a victim.

Criminal Defense Attorney

If you are arrested of a prostitution or human trafficking crime in Illinois, it is important to understand your rights. Since these are serious crimes, it is recommended that you hire an Illinois Criminal Defense attorney to defend you. The attorney understands that arrests for prostitution, pandering, solicitation and related human trafficking crimes many times involve entrapment, violation of privacy and are discriminatory resulting in false charges and individual rights being violated. Other factors to be considered are whether a human trafficking offense occurred as a result of fear or abuse. The attorney will defend your rights to try get your charges reduced, community service, a voluntary or mandatory John educational or other community program, probation or get your case dropped.

The new law created a mandatory statewide prescription drug monitoring program (PDMP), which strictly regulates the conditions under which a pain clinic can be established in Florida, limits the amount of controlled substances that doctors can prescribe and provides a harsh penalty for doctors who violate this law with a minimum $10,000 minimum fines and six-month suspensions. It also restricts the advertisement of pain clinics. Doctors must now follow greater standards when prescribing narcotics by registering with the Department of Health. Doctors are banned from dispensing the most abused narcotics. The bill also strengthens oversight of pharmacies and wholesale distributors by speeding up the time in which data must be entered into the prescription drug database.

Penalties

Under Florida law, it is illegal for any person to knowingly or intentionally possess a listed chemical with the intent to manufacture a controlled substance unlawfully and possess or distribute a listed chemical knowing that it will be used to unlawfully manufacture a controlled substance. Any person who violates the law is guilty of a felony of the second degree with carries a potential prison term up to 15 years.

Drug trafficking is considered the most serious drug crime in Florida and is considered a first degree felony known as trafficking in illegal drugs, which carries a prison term up to 30 years to life depending on the amount of drugs involved and whether a death resulted. Drug trafficking is defined as knowingly selling, purchasing, manufacturing or delivering or bringing into the state or having possession of a controlled substance such morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, pursuant to Florida Statutes Section 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c) and punishable under statutes  Florida Statues 775.082, 775.083, or 775.084.

Case Example:

On September 1, 2011, three men and one woman were arrested in West Palm Beach, Florida by DEA agents in connection with a June 2011 raid on a Jensen Beach pharmacy, where records were seized, and which is part of an ongoing investigation involving Margate and Boca Raton police as well. State officials have suspended the Jensen Beach pharmacy’s distribution license and closed the pharmacy down. There has been a 42 count indictment filed on August 31, 2011, charging the defendants with conspiracy to distribute anabolic steroids, distribution of anabolic steroids, conspiracy to distribute Oxycodone, distribution of Oxycodone, conspiracy to distribute human growth hormone, distribution of human growth hormone and attempted importation of anabolic steroids.

Florida Criminal Defense Attorney

If you have been arrested for possession of a controlled substance or a drug trafficking offense in Florida, you should hire a Florida criminal defense attorney to defend you immediately, as these are considered very serious crimes. The attorney will investigate evidence, review statements that you made to the police and use other discovery methods whenever possible to make motions to get evidence suppressed, aggressively attempt to get your charges reduced, get the case dismissed arguing mistaken identity or illegal search and seizure or have your sentence reduced to probation or community service.

Massachusetts House Representative Ellen Story (Democrat from Amherst) filed House Docket Number 1091 (H1091), An Act to Regulate and Tax the Cannabis Industry on January 24, 2011. The bill is currently awaiting a bill number. The proposed bill would eliminate all criminal and civil penalties in the State of Massachusetts for persons over 21 years of age who possess marijuana for personal use or share it with other adults. The bill would also provide for the regulation, licensing and taxing of commercial cultivation, possession and distribution of marijuana. The Massachusetts bill also failed to pass last year.

Meanwhile, the Montana Majority Republican House voted recently to overturn their Medical Marijuana Ballot Initiative which was passed in 2004 legalizing the use of medical marijuana. The bill, HB 161, is currently awaiting a vote in the Montana State Senate. The Montana House Speaker Mike Milburn (Republican from Cascade), who sponsored the bill, argues that the Marijuana Ballot Initiative has attracted criminal elements. Democrats argued that the initiative has failed because of the lack of regulation of medical marijuana by the legislature. Others Representatives such as Diane Sans (a Democrat from Missoula) argued that the State has already tried making medical marijuana illegal and that failed to work and that there is a value to using marijuana for medicinal purposes. It may not be so easy to get the repeal approved in the Montana Senate where the consensus is there needs to be reform, but that re-criminalizing it would be turning back the clock. There are several bills regarding taxing or regulating medical marijuana that have been introduced as well.

Right now there are 15 states and the District of Columbia where medical marijuana use and possession is legal including:

Alaska
Arizona
California
Colorado
DC
Hawaii
Maine
Michigan
Montana
Nevada
New Jersey
New Mexico
Oregon
Rhode Island
Vermont
Washington

California SB 420 was approved in 2004 which sets forth guidelines on the use, possession and growing of medical marijuana. A ballot proposition was approved by voters in 1996 approving medical marijuana use for AIDS, anorexia, arthritis, cancer, chronic pain, glaucoma, migraines, multiple sclerosis, seizures, nausea and other chronic medical conditions. State penalties for possession, use and growing for persons with medical marijuana prescriptions were also decriminalized. California Proposition 19 was recently defeated which would have legalized marijuana use and allowed the State to regulate and tax the commercial growing of marijuana.

California has increased their DUI laws making it tougher for even first offense DUI convictions.  July 1, 2010, AB 91, a test pilot program went into effect and is being enforced in Los Angeles, Sacramento, Alameda and Tulare counties only. Under the pilot program, any driver who has been convicted of a DUI crime, including first offenders, must install an Ignition Interlock Device (IID) in their car at their own expense to obtain a restricted driver’s license.

California DUI Drivers License Suspension and Penalties

If you are a DUI first offender, your driver’s license could be suspended immediately for four months if you have a BAC over .08% at the time of your arrest or it may be suspended for one year if you refuse to take a chemical test. Drivers under 21 with a BAC of .01% or more will have their license automatically suspended for one year. Second offenses for drivers with BAC over .08% will get you a one year suspension and a two year suspension if you refuse to take a chemical test. If convicted of a DUI offense, your license could be revoked or suspended depending on your BAC levels, whether you caused an accident which resulted in the injury or death of another person or whether you have any prior DUI convictions. Out of state drivers will be given a notice of suspension if their BAC is over .08% or over .01% for drivers under 21, which means they cannot drive in the State of California after 30 days.
You face jail sentences from 96 hours to three years and fines up to $1,600, completion of a driving under the influence program, installation of an IID in your vehicle and having to obtain SR22 (California Proof of Insurance Certificate) car insurance.  Penalties are enhanced for second and third or more convictions. A conviction of three prior DUI’s with a BAC of .08% within the previous 10 years is considered a felony.
Example Case
Rapper  and hip-hop  artist T.I., whose legal name is Clifford Harris, Jr., and his wife Tameka “Tiny” Cottle were arrested in Hollywood Wednesday evening September 1, 2010, on suspicion of possession of methamphetamines after police allegedly smelled marijuana smoke coming from their car during a routine traffic stop in West Hollywood for making an illegal U turn on Sunset Boulevard. T.I. was booked for possession of a controlled substance.  The couple posted $10,000 bail each and were released the next morning.

T.I. is currently on probation for federal weapons charges. He served a sentence of seven months in federal prison in Arkansas and three months in a halfway house in George for his federal weapons conviction. His Atlanta probation officer has asked him to return to his hometown of Atlanta according to one of T.I’s. attorneys. His probation officer has the choice of modifying his probation terms requiring him to take additional drug counseling classes or drug testing on a more frequent basis, or he could ask the judge to revoke T.I.’s probation, which ends in 2013. This could mean additional prison time for the rapper.  The Atlanta U.S. Attorney’s office is in the process of reviewing the facts of the Hollywood arrest to determine what happened before making any recommendations. U.S. District Judge Charles Pannell, Jr., the presiding judge in the original weapons case, has the authority to make any final decision regarding T.I.’s probation violation.
The rapper claims he has turned his life around. He has given several speeches about the dangers of drugs, guns and has received the support of former UN ambassador Andrew Young. Young has voiced skepticism about why the rapper was pulled over in the first place.
An arrest for a DUI offense in California is serious. You should hire a California criminal defense attorney immediately. The attorney will investigate whether the police had probable cause to stop and arrest you in the first place or whether there is sufficient evidence to argue that the search and seizure of you or your car was illegal to attempt to get the charges dropped and the case dismissed. The attorney will also review your arrest record and interview you to determine if your constitutional rights were violated if the police failed to properly give you your Miranda warning before being questioned. An experienced criminal law attorney may be able to get your charges reduced to a lesser offense such as speeding or negligence in the case of vehicular manslaughter, or get you into a drug and alcohol counseling program which would give you a suspended sentence or probation.

Florida Statute XLVI, Chapter 893

For possession only of marijuana (cannabis) in Florida, you face the following penalties and fines:

·    20 grams or less misdemeanor, 1 year jail, $1,000 fine
·    More than 20 grams is a felony, five years jail, $5000 fine
·    25 or more plants (formerly 300 plants) now a felony, 15 years jail 10,000 fine
·    Any conviction causes a driver license suspension of 6 months to two years.
For the sale, cultivation or distribution of marijuana in Florida, you face the following penalties and fines:
·    20 grams or less, misdemeanor 1 year, jail $1,000 fine
·    25 lbs or less, felony, 5 years, $5,000 fine
·    More than 25 lbs to 200 lbs or 2000 plants, felony and considered trafficking, mandatory minimum sentence 3 years, $25,000 fine. Under Florida law, sale delivery or cultivation of more than 25 lbs is considered trafficking.
·    2,000 to 10,000 lbs or 10,000 plants, felony, mandatory minimum prison sentence 7 years, $50,000 fine
·    10,000 lbs or 10,000 plants or more plants, felony, mandatory minimum 15 years, $200,000 fine.
·    Under Section 893.1351, if you are arrested for leasing a residence with the intent of using it as a  “grow house” you are facing a second degree felony, with 15 years jail time and a $10,000 fine. Anyone caught operating a “grow house” where a minor is present faces a first degree felony and a 30 year jail sentence.
Other Penalties

If you are arrested within 1,000 feet of school, college or park with possession of 25 or more plants it is considered evidence of intention to sell or distribute, and it is a second degree felony which carries a maximum 15 years in jail and a 10,000 fine. Possession of drug paraphernalia is considered a misdemeanor, with a sentence of up to one year in jail and a fine up to $1,000.

The Florida Bong Bill

Florida’s tough laws on marijuana are further demonstrated by the latest Florida Bong Bill sponsored by regarding Representative Darryl Rouson, which was recently signed into law by Governor Crist, and went into effect July 1, 2010. The Bill bans the sale of bongs, pipes and other devices associated with smoking marijuana by stores that receive 25% or more of their annual revenues from these sales. The Bill is aimed at Florida head shop businesses. A class action lawsuit has been filed challenging the constitutionality of the law. Violators face up to one year in jail.  Tobacco shops would not be affected because the sale of these items does not reflect 25% of their annual revenues. People who want to buy marijuana drug paraphernalia can still purchase it at Florida tobacco shops or drive across state lines to make their purchases. Rouson says he has been fighting against the pipe industry, which he believes is part of the drug trade that is helping to destroy families and neighborhoods. It is Rouson’s opinion that the new law supports Florida’s public awareness of health and safety and law and order of society.

Case Example

Gainesville Police were questioning suspect 24 year old Bryant Michael Forsythe of 3707 S.W. 28th Terrace on Sunday July 11, 2010, when they found 13 oxycodone tablets on him while he was searched. Forsythe told the police he could prove the drugs were his because he had prescription information in his bag that he directed the police to search. Instead, police found his marijuana. He also directed police to search his closet after they found the marijuana. Officers did not find the prescription information or any more marijuana. Forsythe was arrested on charges of possession of a controlled substance, possession of marijuana and possession of drug paraphernalia and is being held at the Alachua County Jail.

Marijuana offenses carry stiff jail sentences and penalties in Florida. If you are arrested for a marijuana offense in Florida, you should contact a Florida criminal defense attorney. The attorney can obtain plea bargain offers for reduced charges, or diversion to a drug treatment program, probation or get the case dismissed as a result of unlawful search and seizure or insufficient evidence. The attorney may also be able to argue a “necessity defense” under Florida common law if you are using marijuana to help alleviate symptoms of your medical condition.

720 ILCS 570 Illinois Controlled Substances Act

UPCS offenses carry the following sentences and penalties under 720 ILCS 570 Illinois Controlled Substance Act if you are charged with possession of cocaine, crack, heroin, ecstasy, methamphetamine, mushrooms or LSD:

·    Possession of less than 1 gram is a Class 2 felony offense with a 3-7 year prison sentence. Fine can be $200,000. Probation is possible.
·    Possession of 1-15 grams is a Class 1 felony offense with a 4-15 year prison sentence. Maximum fine allowed is $250,000. Probation is possible.
·    Possession of 15-100 grams is a Class X felony offense. No probation is available. Mandatory minimum sentence is 6 years in prison with a maximum 30 years. The fine can be $500,000.
·    Possession of 100-400 grams is considered an enhanced Class X felony offense or Super X offense which carries a prison sentence between 9-30 years. No probation is available. The fine can be $500,000.
·    400-900 grams is an enhanced Class X offense (Super X) with a 12-50 year prison sentence.  No probation is available. The fine can be $500,000.
·    900 or more grams is a Class X enhanced offense (Super X) with a 15-60 year prison sentence.  No probation is available. The maximum fine is $500,000.

Case Examples:

Agents with the State Line Area Narcotics Team (SLANT), in conjunction with the Freeport Police Department Street Crimes Unit, arrested Terrance D. Young, a 37 year old Freeport, Illinois man, on June 10, 2010, with unlawful possession of a controlled substance with the intent to deliver, which is a Class X felony, and unlawful possession of cannabis, which is a Class C misdemeanor, after allegedly finding 77 grams of crack cocaine, 2 grams of cannabis, $430 cash and packaging materials at his residence. According to John Vogt of the Stephenson County State’s Attorney’s office, possession of 77 grams of cocaine was a significant amount. A Slant commander, who wishes to remain unnamed, said the arrest was the result of an ongoing investigation against Young regarding the sale of narcotics. SLANT is comprised of a joint effort of police officers from the Freeport, Loves Park, Rockford, and Monroe, Wisconsin police departments, as well as from the Stephenson County and Green County, Wisconsin sheriff’s departments and the Illinois State Police. If convicted of the possession of 77 grams of cocaine, a Class X felony in Illinois, which is the most serious of his charges, Young faces a 6-30 year prison sentence. Young was also charged with other felony charges for unlawful delivery of a controlled substance within 1,000 feet of school from a crime that occurred in March 2010. Bond for all charges was set at $200,000.

Another case involving the Freeport Police was the arrest of 21 year old Darren T. Miller on June 26, 2010, on felony charges of unlawful possession with intent to deliver a controlled substance within 1,000 feet of Embury United Methodist Church, located at 515 S. Galena Ave. in Freeport. The police allege that Miller possessed, with the intent to deliver to another person, more than 1 gram but less than 15 grams of cocaine. Miller was taken to Stephenson County
Jail, and bond was set for $75,000. If convicted of this Class 1 felony offense of possession of 1-15 grams of cocaine, Miller could face a 4-15 year prison sentence in Illinois and a maximum fine of $250,000. Probation is also possible.

If you get arrested in Illinois for unlawful possession with intent to deliver a controlled substance, you should hire an Illinois criminal defense attorney. The attorney can argue a defense such as illegal seizure to get your case dismissed, or you may be eligible for a diversion program for drug treatment if you have a drug problem. Your attorney may be able to negotiate a lesser offense with a plea bargain to get your charges reduced to a Class 2 felony so you can avoid jail time and receive probation instead.

Penalties

To illustrate the difference in penalties for conviction for possession of drug vs. conviction with the intent to sell or distribute, here are some typical sentences that you could face:

·    Possession of less than one ounce of marijuana decriminalized in 2009 –civil infraction and a $100 fine. Juvenile offenders must pay the $100 fine and attend a drug treatment program or pay a $1,000 fine.
·    First offense for possession of a Class D substance such as marijuana – 6 months probation and then dismissal if there are no other charges.
·    Second or subsequent offense for possession of a Class D substance such as marijuana – drug treatment, fines or jail time.
·    Possession of 200 grams of cocaine (7 ounces) – mandatory prison sentence of 15 years.
·    Possession of 100 grams of heroin (3.5 ounces) -mandatory sentence of not less than 10 years.
·    Any amount of any type of drug sold in an unmarked free drug zone 1,000 feet from a school or 100 feet- an additional two year prison sentence and a fine of $1,000 to 10,000.
·    Cultivating marijuana with the intent to sell up to 50 lbs.-Jail sentence of up to two years and a $5,000 fine.
·    Cultivating marijuana with the intent to sell 50 lbs. or more- mandatory one year sentence and up to 2.5 to 15 years jail time and fines from $500 to 10,000.
·    Cultivating marijuana with the intent to sell 100 lbs or more- mandatory three year jail sentence and up to 15 years and a fine between $2,500 to $25,000.

Case Example

On April 27, 2010, according to Boston Federal prosecutors and the DEA, “Big Brother” contestant Matt McDonald from Charlestown, MA was indicted in Boston’s Federal District Court for conspiracy to distribute oxycodone in a purported drug operation run by another former contestant and winner of the Big Brother show, Adam Jasinski.  Jasinski was arrested last October in North Reading, Massachusetts after attempting to sell oxycodone to a cooperating government witness. If convicted, McDonald faces up to 20 years in prison and a $1 million dollar fine.

While many Massachusetts drug offenses involve much less serious charges such as possession or sale of small quantities of marijuana, ecstasy or other class D drugs, all crimes for drug offenses in Massachusetts should be taken serious. College students and people under the age of 18 if convicted for possession or sale of small amounts of class D drugs such as marijuana could lose their college Pell grants, other school scholarships and loans. Having a conviction on your record could affect future and current employment.

If you have been arrested on a drug charge in Massachusetts, you should hire a Massachusetts criminal defense attorney to defend you.  If you were charged with possession with intent to distribute, the attorney will attempt to get the charges reduced to just possession or negotiate a lesser sentence such as community service or attendance of a drug treatment program in lieu of jail time. The attorney can file a motion to suppress evidence in order to exclude evidence seized by the police at the time you were arrested. For possession charges of a small amount of Class D drugs such as marijuana or ecstasy, the attorney may be able to get the drug possession charges dropped to a civil infraction.

Petitioner Padilla was a lawful permanent resident of the United States for over 40 years and honorably served in the U.S. Armed Forces in Vietnam.  Padilla pled guilty to a felony charge of transporting a large amount of marijuana in Kentucky.  His immigration attorney told him that he would not be deported because he had been in the country for so long.  However, the non-citizen removal statutes clearly state that any conviction for a drug trafficking offense will (not may, WILL) result in deportation.  Padilla claimed that he would have proceeded to trial had his immigration lawyer properly advised him that he would face deportation if convicted.

The lower courts, including the Kentucky State Supreme Court, held that a failure to advise on immigration issues and even wrong advice on immigration issues were merely a “collateral consequence” to his conviction thus his attorney’s erroneous advice was not a violation of his Sixth Amendment right to effective assistance of counsel.  Generally the court was saying that since the immigration issues were not a result of punishment by the criminal courts in direct response to his guilty plea, the Sixth Amendment did not apply.  An example of a collateral consequence would be a person losing their job because they pled guilty to a felony.  Although that is foreseeable and unfortunate, it is not a punishment doled out by the court and thus is a “collateral consequence”.

The United States Supreme Court disagreed with the Kentucky State Supreme Court.  Instead, the U.S. Supreme Court decided that immigration consequences are an integral part of the penalties associated with criminal proceedings for non-citizens because those consequences are often as severe, if not more so, than the actual criminal punishment.

The Court recognized that immigration law is a complex area of practice, but due to the severity of the consequence of a criminal conviction, criminal defense attorneys still have some duties to the clients with regard to immigration.

The Court held that if the immigration consequences were clear, as they were with Padilla, then an attorney has a duty to advise the client of those consequences prior to letting them enter a guilty plea.  In Padilla’s case, if the attorney had read merely the removal statute, she would have seen that his plea would automatically result in deportation because all drug trafficking offenses result in deportation.  If the consequences are not clear, the attorney then has a duty to advise the client that there will be immigration consequences including potential deportation but the attorney does not have to be more specific.

"It will not be a priority to use federal resources to prosecute patients with serious illnesses or their caregivers who are complying with state laws on medical marijuana," said Attorney General Eric Holder. "But we will not tolerate drug traffickers who hide behind claims of compliance with state law to mask activities that are clearly illegal," Holder added.

The memo intends to help clarify confusion surrounding medical marijuana laws in the following 14 states: Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Maryland, Oregon, Rhode Island, Vermont and Washington.

Marijuana Arrests in California

Clarification is particularly significant in the state of California where there has been a lot of confusion and uncertainty surrounding medical marijuana sales. Medical marijuana dispensaries in California have been getting a lot of grief from the government. In fact, Los Angeles County District Attorney Steve Colley announced earlier this month that he is going to crack down on marijuana dispensaries for over-the-counter sales.

According to Cooley, the roughly 800 marijuana dispensaries in Los Angeles are violating the 1996 Compassionate Use Act, a voter initiative legalizing marijuana for medical purposes and a 2003 state law that permits collective cultivation. He argues that by profiting from the sales, the dispensaries are breaking the law.

Cooley’s statement, which was released Oct. 8, sparked public debate from medical marijuana advocates who argue that if they do crack down on dispensaries they will be preventing thousands of seriously ill people from getting the medicine they need.

Clarifying Policies Surrounding Marijuana Arrests

Although some medical marijuana advocates declared victory, the Justice Department sees it differently. Whitehouse spokesman, Robert Gibbs, said the memo simply added guidelines to a decision that has been administration policy since January.

The department’s guidance said it plans to continue to pursue illegal trafficking of drugs, including marijuana, but does not want to waste federal resources on going after "individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law."

For more information about drug trafficking laws in your state, contact Imhoff & Associates.

Current Sentencing for Cocaine Crimes

Currently, the sentencing guidelines for Federal drug charges such as possession of cocaine for sale is based on the weight of the controlled substance. For more than 20 years, as an example: possession of 5 grams of crack would earn the same mandatory 5 year sentence as possession of 500 grams of powder cocaine.

The inherent flaw in this type of sentencing is that is has long been established that among the poorer African American drug offenders crack cocaine is often the drug of choice over powder cocaine. Much of this is due to the unavailability of powder cocaine in the poorer neighborhoods. This sentencing guideline in effect has made “possession of cocaine” by many African Americans hold a significantly longer prison sentence than that of others who simple possess powder cocaine.

Push To End Cocaine Sentencing Disparity

The National Association of Criminal Defense Lawyers has urged Congress to adjust the federal sentencing guidelines to match the current position taken by the Obama administration and the Department of Justice in order to completely end the disparity in sentencing between crack and powder cocaine offenses.

Charged with a Cocaine Crime?

At Imhoff & Associates we have a proven record of helping our clients achieve superior case results through our outstanding trial work as well as our commitment to keeping up to date on the most current changes is our legal system. Staying on top of an ever changing legal system gives our clients advantages many other firms may have missed.

Call 800-887-0000, or contact a criminal attorney for a free consultation.