Prior to the DEA’s announcement, fake pot, also known as “spice” or K2, was legal under federal law because it does not contain THC, the active ingredient in marijuana. However, it does contain chemicals analogous to THC and produces similar effects.

The DEA expressed concern that fake pot had not been federally approved for human consumption and there was no regulatory oversight regarding the manufacture of fake pot. Under the new law, fake pot would be considered a Schedule I drug, like Ecstasy and heroin.

Even though fake pot was not previously illegal under federal law, many cities had enacted ordinances criminalizing its use, possession, and sale.

The Controlled Substances Act of 1970 sets forth federal drug law. (18 U.S.C. section 801 et al.) Sale, possession, or transportation of a federally prohibited drug without a valid license or prescription is a federal crime. Punishment varies by the actual drug and the amount purchased, sold, possessed, or transported. Contact a federal drug crime attorney for further information.

If you have been accused of a federal drug crime, you must clearly express to law enforcement that you will not speak to them and you must contact a federal drug crime lawyer immediately. Prosecution under federal law indicates that the government believes that you are involved in interstate or international drug sale or transportation. Both are serious offenses. In addition, punishment under federal law is much harsher than under state law for a similar crime, and unlike California state law, federal inmates are not offered parole under any circumstances.

Thus, it is important that you do nothing to jeopardize your case, and speaking to law enforcement may result in more severe charges against you, added years to any potential sentence, or a conviction where a plea or not guilty verdict would have been more likely.

If you are facing federal drug charges, you will need a Southern California drug crime lawyer who will aggressively represent you and protect your interests. At Wallin & Klarich, we have helped people accused of federal drug crimes for over 30 years. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

In People v. Beaty (No. F055868), the appellate court held that using medicinal marijuana does not by itself make someone a participant in a Prop. 36 program unamenable to treatment. In 2007, Beaty admitted to transporting and possessing methamphetamine in violation of California Health and Safety Code 11379. He was placed on Prop. 36 probation for a period of five years. Beaty was ordered to enroll in a drug treatment program.

Brian Beaty was disabled after a motorcycle accident in 1998. Beaty was prescribed the use of medical marijuana to treat the chronic pain he was suffering from. He was advised that he would not able to use marijuana, although prescribed, while on Prop. 36 probation by the Prop. 36 team that was overseeing his progress. However, Beaty’s attorney told him that his use of medical marijuana was legal, so Beaty continued to use marijuana on a daily basis for medicinal purposes.

Beaty tested positive each time he was tested. The probation department filed a petition to have Beaty’s probation revoked because he was unamenable to treatment. The probation department had two expert witnesses testify to the fact that the use of medicinal marijuana was inconsistent with the program’s goal of abstinence. Relying on the testimony of the expert witnesses, the trial court revoked Beaty’s Prop. 36 probation and sentenced him to a term of 30 days in county jail.

On appeal, the court found that the trial court impermissibly deferred a legal conclusion to the drug treatment program. The court found that medicinal use of marijuana alone is not sufficient to render an individual unamenable for treatment in the Prop. 36 drug treatment program. The court noted that recovery from addiction cannot mean that patients must refrain from the use of all narcotics. The intent of Prop. 36 is to provide treatment that will enhance public safety by reducing drug-related crime and preserving jails and prison cells for serious and violent offenders and to improve public health by reducing drug abuse and drug treatment strategies? Therefore, when the Prop. 36 participant is using a legally prescribed drug that may be inconsistent with the goal of the program, the probation department can apply a reasonable policy to the circumstances of any individual Prop. 36 defendant.

If you or a loved one have been charged with violating probation in Southern California, it is critical that you talk to an experienced criminal defense lawyer. At Wallin & Klarich, our attorneys have over 30 years of experience in successfully dealing with all types of criminal cases. Our attorneys will aggressively defend your rights and fight to get you the best possible result. Call us at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.

Selling marijuana is a felony. To convict the defendant, it must be shown that the defendant sold a controlled substance, knew of its presence, knew of the substance’s nature as a controlled substance, and the controlled substance was marijuana. This is what the prosecution must prove.

An attorney can help provide you with possible defenses to a charge of marijuana sales. An attorney can submit a motion to suppress evidence if the marijuana was illegally seized. Your case may be dismissed if the judge grants this motion.

You can be sentenced to state prison for up to four years if convicted of marijuana sales. The penalties are even harsher if you sold marijuana to a minor. Selling marijuana to a minor can be punishable by imprisonment for up to seven years in state prison.

For more information, please go to www.wklaw.com and read our Marijuana Sales section. You will find invaluable information on the charges that you or a loved one may be facing, as well as the possible defenses.

At Wallin & Klarich, our attorneys have been handling drug cases for over 30 years. Our Southern California marijuana sales defense attorneys will fully defend your rights and will always keep you informed with everything going on in your case. Call Wallin & Klarich today at (888) 749-0034. We will be there when you call.