Law Offices of Erik Steven Johnson

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San Jose marijuana drug crimes defense attorneySince marijuana was legalized for recreational use in California in 2016, the legal marijuana industry has been booming. The California Department of Tax and Fee Administration reported that tax revenue from the cannabis industry totaled $74.2 million in the second quarter of 2018. While recreational marijuana is legal statewide, nearly 85 percent of cities and counties in the state have made it illegal to sell marijuana. To combat this, the state is considering allowing licensed marijuana businesses to deliver marijuana in communities that do not allow pot sales. California police are against the idea, however, stating that it is a cause for concern.

Police Say Marijuana Deliveries Will Increase Crime

Though many people say there is no link between the legalization of marijuana and an increase in crime, California police worry that allowing marijuana businesses to deliver pot to residential communities would allow for more opportunities for crime to happen. The president of the California Police Chiefs Association stated that robberies were only one of the concerns, but that deliveries could also lead to crimes such as aggravated assault and homicide.

Police Are Not the Only Ones Opposed to Marijuana Deliveries

The League of California Cities represents the state’s 428 municipalities and joined the California Police Chiefs Association to try to prevent marijuana deliveries from happening. Currently, the Bureau of Cannabis Control has interpreted Proposition 64 to allow marijuana deliveries. While the law states that local governments can ban non-medical marijuana businesses, it also states that “a local jurisdiction shall not prevent delivery of cannabis or cannabis products on public roads,” as long as the deliverer is a state-licensed business.

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conviction expungement, San Francisco marijuana crime expungement attorney, marijuana-related crimes, decriminalization process, marijuana decriminalizedAs of June 2018, 30 states and the District of Columbia have legalized medical marijuana. Additionally, nine states, plus D.C., have legalized recreational use.

While the legalization of marijuana is becoming more widespread, it leaves states with the task of determining how to deal with criminals who were charged with marijuana-related crimes in the past.

A proposed bill, recently passed in the California Senate, would allow for the expungement of convictions or a reduction for sentences for marijuana-related crimes, many of which date back years, if not decades.

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San Jose marijuana DUI defense lawyer, recreational marijuana, drugged driving, THC breath testing device, DUI trialThe legalization of both medicinal and recreational marijuana has been growing immensely in recent years. As of 2018, nine states and the District of Columbia has legalized recreational marijuana, and 30 states — including D.C. -— have legalized medicinal marijuana. One of the concerns that lawmakers and police have had about this widespread legalization is the potential increase for those who are under the influence of marijuana to be out driving.

Marijuana Impairment Test Functions Like A Breathalyzer

Hound Labs Inc., which is based out of Oakland, claims that they have created the world’s first reliable breath testing device that can detect THC, which is the psychoactive and intoxicating ingredient in marijuana. The company states that THC is only detectable in a person’s breath during a window of time when impairment is at its peak — about one or two hours after a person has ingested marijuana. The company also said that their research showed that the level of THC in a person’s breath dropped to zero after about three hours.

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San Jose drug charges attorney, marijuana legalization, drug charges, marijuana DUI, recreational marijuanaAs of January 1, 2018, the sale of marijuana for recreational use will be legal in the state of California. While this represents a major change in state laws, there are still situations in which the possession or use of marijuana can lead to criminal charges. Users of recreational marijuana should be aware of how the law affects them and how they can avoid marijuana-related drug charges.

Marijuana Possession and Sale

Under California law, a person over the age of 21 can possess up to 28.5 grams (about one ounce) of marijuana, or up to eight grams of concentrated cannabis. It is also legal to grow up to six marijuana plants in one’s home, as long as they are kept in a locked area. Starting January 1, 2018, licensed businesses will be able to sell marijuana, as long as it is allowed in the county or city where they are located.

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San Jose drug crimes attorneyThe United States is in the midst of a drug epidemic. President Donald Trump acknowledged this crisis when, on August 10, 2017, he declared the opioid epidemic as a national emergency.

Opioids, which refers to both prescription drugs and illegal drugs, are claiming lives throughout the country. In 2015 alone, more than 33,000 people died from opioid overdose. But the number of fatalities in 2016 is even more staggering, with studies indicating that more than 59,000 people were killed from drug overdoses. Research shows that this year, the rate of overdose deaths are continuing to increase. 

What is Fueling the Epidemic, and Who Is Affected?

Research indicates that rural Americans under the age of 50 are most likely to overdose, particularly in states such as Ohio, Pennsylvania, Maryland, Florida, and Maine. There are several factors that lead to rural areas being more susceptible to the drug epidemic. These areas tend to have few options for pain management like physical therapy or chiropractic treatments, so doctors in rural communities are more inclined to prescribe pain medication. When patients become addicted to painkillers, they may begin using heroin as an alternative after doctors stop prescribing the medications to them. 

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