Medical Marijuana Attorney in Redlands, CA

Medical Marijuana Overview

Medical marijuana operators are not violating state or federal law by dispensing medical marijuana to individuals who have a valid state referral card for any number of ailments, including cancer treatment and treatment of chronic pain. Federal law does make growing and dispensing marijuana illegal, but California state law, which permits medical marijuana dispensaries, has been ruled to not be in conflict with the federal law.

Cultivating and dispensing medical marijuana in California is legal, subject to the State Attorney General Guidelines, and is not subject to prohibitions or bans by cities or counties. Some municipalities have adopted zoning ordinances declaring bans on dispensaries, which are not legal, but they will try to enforce these ordinances by:

• Refusing to issue certificates of occupancy
• Refusing to issue operating/business licenses

When dispensaries continue to operate, the city will attempt to enforce its code and shut them down.

This is a land use and zoning issue, even though many people and attorneys believe it should be approached as a criminal law issue. State law does not permit any criminal citation against medical dispensaries and its operators.

Attorney James DeAguilera has a diverse background and familiarity with these issues. He is a land use attorney with more than 10 years of experience as a City Planning Director and as a City Manager.

Mr. DeAguilera helps his clients remain open by suing cities and counties for violating the property rights of medical marijuana dispensaries (co-ops, collectives). A lawsuit must be filed to declare the ordinance banning dispensaries to be illegal. There should also be a restraining order filed to prevent the municipality from enforcing the illegal ordinance.

The Law Office of James DeAguilera has been practicing zoning law which involves suing the government, for more than 15 years. Mr. DeAguilera handles client cases personally, and he is available when situations arise with clients. Contact the Law Office of James DeAguilera for experienced and aggressive representation at 909-748-5351.

Areas of Practice

• Medical Marijuana
• Land Use & Zoning
• Criminal Law