Posted under California

California’s Medical Marijuana Law Does Not Protect Driving Around with Pot in the Trunk

In the early houses of March 8, 2008, a California Highway Patrol (CHP) officer stopped Robert Wayman for speeding and arrested him for driving under the influence of alcohol (DUI). When the officer searched his car, Wayman was found to be in possession of the following: one gram of pot was found in a baggie by the driver’s door, $120 was found in the glove compartment, 26 baggies of pot labeled 3.5 grams each were found in the trunk, as well as 5 bags labeled 5 grams each, 15 small bottles of concentrated cannabis, 15 brown lunch bags, metal screens, Ziploc bags and an electronic scale. The total amount of pot in his possession was roughly 117 grams, or four ounces. A medical marijuana card was found in his wallet with a physician’s certificate authorizing use of the pot for medical purposes.

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Participation in Prop 36 Drug Treatment Program Revoked for Fight and Leads to Three Years in Prison

It is widely known that California’s jails and prisons are so overcrowded that they really don’t have room for any new inmates. This is, perhaps, a major factor when judges decide to impose probation instead of a jail or prison sentence. With probation, the defendant is allowed to remain free, with the understanding that he will comply with all of the terms imposed by the judge and will not get into any more trouble during his period of probation. Under Proposition 36, participation in a drug treatment program allows the state to keep drug addicts out of jail and engaged in drug treatment.

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Social Host Liability

Social host liability and dram shop liability are two topics that arise frequently in personal injury lawsuits. Dram shop liability concerns how much liability a drinking establishment, such as a bar or restaurant, should have when a patron injures someone as a result of drinking there. One of the main justifications for imposing dram shop liability is that the business has benefited financially from the perpetrator’s drinking.

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Substance Abuse and Crime Prevention Act Offered Treatment Instead of Jail for Drug Offenders

Ten years ago, voters in California gave illegal substance users in California a second chance of sorts. The Substance Abuse and Crime Prevention Act (known as Proposition 36) changed the California law to give people charged with possessing illegal drugs, if it was a first or second offense and a nonviolent one, the option to sign up for substance abuse treatment instead of jail time.

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2010 Brings New Laws for California Drivers

Most people in California would agree that driving under the influence of drugs or alcohol is a very bad idea. Whether you embrace the moral argument, fearing for the safety of innocent passengers, pedestrians or occupants in other cars or focus more on fiscal ramifications, understanding the enormous financial cost associated with defending a DUI charge (not to mention property damage and personal injury), few would argue that driving while intoxicated is no big deal.

So, why is California’s DUI problem worse than ever? Why are drivers continuing to make poor decisions with regard to drinking and driving? Perhaps it is a combination of factors. On the one hand, being under the influence likely reduces a driver’s ability to determine whether they are legally competent to get behind the wheel, especially those with chronic alcohol or substance abuse problems. On the other hand, California has some pretty lenient DUI laws and, when combined with the relatively small chance of begin pulled over, offers very little in the way of deterrence. Continue Reading

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Issues Surrounding Medical Marijuana Use in California

In California, the first of 13 states to decriminalize cannabis (marijuana) for medical use, controversy still surrounds the issue of medical marijuana use. Despite state law that permits cultivation or possession of cannabis by seriously ill patients on the recommendation of their physician, federal law still prohibits obtaining, possessing or cultivating marijuana for any purpose. Cannabis is still classified as a Schedule I drug, meaning it has no generally recognized medical use.The U.S. Drug Enforcement Administration (DEA) has continued to carry out raids on medical marijuana growers in California. Continue Reading

Posted under California

Judicial Attitudes toward Drug and Alcohol Abuse in California

By Millie Anne Cavanaugh, Esq.

Approximately 36 million people live in California. It is estimated that drug and alcohol abuse costs the citizens of California approximately $44 billion per year in loss of productivity, health care, substance abuse prevention programs, substance abuse treatment programs and criminal justice programs. The cost is split between drugs and alcohol at roughly $22 billion each. The number of yearly deaths attributed to each type of abuse is also equally divided at 3,600 each.

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