Recent Posts in Medical Marijuana Category

In Fresno, California, a United States Attorney, Drug Enforcement Administration Special Agent in Charge, and Fresno County Sheriff announced the unsealing of a federal indictment charging Bounepheng Savongsy, Phousangkhy Phanthadeth, Manop Souksavath, all of Fresno; Ernson Merisier, of Holbrook, Mass.; Marquis Allen Meca,  of New Bedford, Mass.; and Ruddys A. Pimentel, 28, of Roslindale, Mass.; with conspiring to manufacture, to distribute, and to possess with intent to distribute marijuana.

According to criminal complaints filed in the case, the defendants were involved in the interstate shipment and distribution of marijuana that was being grown in Fresno, under the guise of being “medicinal.” The marijuana was grown in agricultural fields in Fresno County that were posted with medicinal marijuana recommendations from medical doctors. Rather than being distributed in California for medicinal purposes, however, the defendants are charged with conspiring to make multiple shipments of large quantities of the marijuana to areas in and around Boston, where the drug was sold for about $3,000 per pound, about three times what it sells for in California.

The criminal complaints indicate that Savongsy is a grower and source of marijuana supply for the out-of-state drug traffickers. His nephew, Phanthadeth, is an interstate transporter who cultivated purportedly medicinal marijuana at the same location in southwest Fresno as his uncle and owns two properties in Fresno where marijuana was grown and processed. Souksavath is an interstate transporter, who has shipped multiple loads to the East Coast, two of which he transported with Phanthadeth. Merisier (a convicted drug felon), Meca, and Pimentel, are marijuana distributors in the Boston area. Phanthadeth and Souksavath were arrested in Utah in the course of transporting marijuana on November 4, 2010, following a traffic stop of their vehicle, which contained about 184 pounds of marijuana. The marijuana was then delivered to Merisier, Meca, and Pimentel in Roslindale, Mass., who agreed to purchase the load for about $570,400. Searches executed in the course of the investigation at locations in Fresno, Cedar City, Utah, and Roslindale, Mass. yielded 11 firearms, approximately 4,620 live marijuana plants, approximately 3,563 pounds of processed marijuana, approximately $115,000 in cash, and jewelry valued at about $9,000.

United States Attorney said: “As this case indicates, armed criminals who engage in the interstate trafficking of marijuana cannot hide their operations behind the label of ‘medicinal’ marijuana. We will continue to root out and prosecute drug traffickers who seek to use California’s medicinal marijuana law to cloak their illegal activity.”

This case is the product of a four-month investigation by the DEA offices in Fresno, Salt Lake City, and Boston, and the Fresno County Sheriff’s Office, with assistance from the Federal Bureau of Investigation, California Department of Justice Central Valley Marijuana Investigation Team, Tulare County Sheriff’s Office, Utah Highway Patrol, Boston Police Department, and North Attleboro Police Department. Assistant United States Attorney Karen A. Escobar is prosecuting the case. The U.S. Attorney’s Offices in St. George, Utah and Boston assisted in the arrests of the defendants and initial court proceedings.

With the exception of Savongsy, the defendants are in federal custody and detained without bail. An arrest warrant has issued for Savongsy, who is at large. In connection with the execution of one of six federal search warrants obtained in this case, agents also arrested Douangchanh Keovilayvanh, of Sanger, California, who was charged via a federal criminal complaint with possessing marijuana with intent to distribute and being a convicted felon in possession of a firearm.

If convicted of the drug offenses, the defendants, with the exception of Merisier, face a penalty of 10 years to life in prison and a $4 million fine. Based on his prior felony drug conviction, Merisier faces a penalty of 20 years to life in prison and an $8 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

Criminal defense attorneys Donald Marks and Anthony Brooklier have been representing clients on marijuana drug trafficking matters for over four decades. We are well aware of all the issues and complexities that can arise from such charges and have successfully handled numerous cases for our clients. When faced with marijuana drug trafficking charges you need experienced Los Angeles marijuana drug trafficking criminal defense attorneys with extensive experience in representing clients for drug crimes. Such charges could include offenses for drug possession, drug trafficking and other drug related charges. If you or someone you know has been charged with a drug crime, we recommend you contact us in order to begin to prepare your case for a successful defense.

The Los Angeles County sheriff has escalated his war of words against California medical marijuana dispensaries, saying as many as 97 percent operate as criminal enterprises.

Some of the pot shops get marijuana from Mexican drug cartels, and most dole out pot to people with no medical need for it, Sheriff Lee Baca said.

"Millions of dollars are being made for profit, and it's all illegal," the sheriff said.

Baca presented no evidence to support his claim. His comments coincided with a recent announcement that he would lead efforts against a November ballot measure to legalize marijuana for personal use in California. Critics said his claims about the dispensaries were politically motivated and untrue.

"When they run out of scare tactics, they come out with stuff like this," said Michael Backes, a board member of the Cornerstone Research Collective, which provides marijuana to patients in the Eagle Rock area of Los Angeles.

Backes stressed there was no need to buy pot from Mexican cartels because more than enough quality marijuana is legally grown in California to supply the dispensaries.

A Drug Enforcement Administration spokesman, who works in the San Francisco office, said it was difficult to substantiate or refute Baca's claims because of challenges in determining where pot found in dispensaries was produced.

Baca, however, said chemical analyses of pot confiscated during drug raids against street dealers showed similar pesticide content and other characteristics as marijuana sold in dispensaries.

Allegations of criminal activity involving pot shops increased after a string of deaths, including the slaying of three men in West Hollywood, California who police suspect had been buying up bulk quantities of high-grade marijuana from dispensaries and reselling it on the street.

The suspect in that case confessed to killing the men when he didn't have enough cash to complete a transaction. In addition, two workers at different marijuana dispensaries have been killed during robberies in recent weeks.

"It is no surprise that people are going to get killed, drugs and violence go together," Baca said. Despite his concerns about the way dispensaries operate, Baca has been a longtime advocate of medical marijuana use by AIDS patients and people with other chronic conditions.

The 1996 law approved by California voters allows collectives to grow medicinal marijuana, though they are not supposed to make profits and can only charge enough to cover operating expenses.

Baca said the intent of the law was good but had been corrupted almost beyond recognition with most "patients" producing spurious notes from doctors describing vague ailments that don't need to be treated with marijuana.

Thirteen other states have legalized medical marijuana, and many jurisdictions around the country have decriminalized marijuana to the point that low-level possession offenses aren't prosecuted.

At Marks & Brooklier, criminal lawyers Donald Marks and Anthony Brooklier have been representing clients on medical marijuana and other drug related matters since 1976. When faced with medical marijuana charges you need experienced Los Angeles medical marijuana criminal defense lawyers with experience in representing individuals for California marijuana drug crimes. If you have been charged with a medical marijuana drug crime, we recommend you contact us in order to begin to prepare your case for a successful defense.