San Jose Criminal Defense Lawyer Blog

The RAND Corporation has released a new study that finds that crime rates tend to increase in neighborhoods that have recent marijuana dispensary closures. The study reviewed data related to 638 dispensary closures in Los Angeles; specifically the study reviewed crime rates 10 days before the closure and ten days after the closure. The crime rates in the blocks near to the closed dispensaries were then compared to the neighborhoods where the dispensaries remained open.

The authors of the study report that the crime rates in the areas close to the dispensary were 60% greater than the areas near the dispensaries that remained open. The effect seems to diminish the farther out you go from the effected area.

This research effort was made as a response to many marijuana dispensary closures in Los Angeles and elsewhere. The closures were said to be done in response to rising crime rates in the areas and neighborhoods located near the dispensaries. Santa Clara County officials are on record indicating that crime rates do in fact rise, sometimes exponentially in areas near dispensaries. (See the Examiner online for more details).

Some argue that the public dispensaries create a nuisance and attract and create criminal behavior. However, RAND indicates that that claim has not be scientifically studied and that the RAND report is the" first systematic analysis of the link between medical marijuana dispensaries and crime." Full for article click here.

Here in San Jose, a marijuana dispensary has been under investigation related to a series of crimes including carjacking, kidnaping and the murder of a 60 year woman. A warrant was issued for the co-owner of the dispensary (Juan De La Cerda) alleging him of aiding and abbetting Paul Castillo, who is believed responsible for the crimes. The warrant has since been withdrawan, although San Jose Authorities still want to question De La Cerda. An employee has been arrested for transporting Castillo to Sacramento.

Although wounded, Castillo remains at large. For the full article click here.

The Sheriff's Department in Marin seized more than 500 marijuana plants, the Mercury News reports. The Sheriff indicated that the operators of the marijuana farm diverted water from a neighboring property to grow the plants, that ranged from six to ten feet tall. The growers were seen fleeing the scene but no one was apprehended. It took the department about seven hours to remove all the plants from the vicinity.

Last month Bay Area police discovered more than 2,000 plants in the Marin area and another 500 at the Skywalker Ranch. Police report that they have seized approximately $1 million in marijuana just this last week, with the help of Federal resources.

It is unclear whether anyone has been arrested in these series of raids from last month.

Although not applicable here, the strongest defense for growing and using marijuana is for specifically prescribed medical treatment. The Compassionate Use Law provides that those statutes which prohibit possession and cultivation not apply to patients and caregivers "who possess or cultivate marijuana for the personal medicial purposes of the patient upon the written or oral recommendation or approval of a physican."

The law lists eight specific illnesses but also provides a catchall phrase: "or any illness for which marijuana provides relief." Although the law allows the cultivation of six mature and twelve immature plants, it also provides the patient to provide that amount of cannibis consistent with his or her needs.

The plant operation in Marin county is more likely gang or Mexican cartel related, which typically establish farms in isloated areas with plenty of vegetation on the ground and overhead.

Some have suggested that legalizing marijuana would damage drug cartels as it would cut a great deal of revenue to them (maybe by 50%). This is, however, a controversial topic, but one that should at least be discussed in the near future.