Cannabis appeals Archives - Alves Radcliffe

Whether you’re seeking legal advice for a cannabis business or representation for a cannabis case, you want a quality attorney. Cannabis laws are complex and result in high penalties when violated.

For example, in the City & County of Sacramento, homeowners have been fined an average of six-figures for illegal cannabis grown by their tenants. Many of these homeowners are innocent, but according to Sacramento law, they’re guilty regardless if they knew about the cannabis. Their only chance at dismissing the fines is through cannabis appeals for homeowners.

Before you find yourself in a tricky legal situation, partner up with an experienced cannabis law attorney. Prevention is key to protecting yourself and your property.

Review their qualifications

Each attorney you consider must have the qualifications to represent cannabis-based cases. Review their credentials for quality education, recognition from reputable news and legal sources, and professional memberships.

Education & Licenses

Look for an attorney who studied at a reputable law school and has backed their education with years of court experience in a variety of legal issues. A degree from a top-tier school doesn’t mean much if it’s not practiced well, especially if the attorney only sticks to one area of legal expertise. It’s actually preferable to have an attorney with experience in multiple legal fields, as cannabis law is a collective of practices relating to business, licensing, liability, and more.

That said, your attorney doesn’t need to have specialized in cannabis law during school. It might be reassuring if your attorney has Cannabis Continuing Legal Education (CLE) credits, but if they don’t and they’ve still won multiple cannabis-related cases, they could be the right fit for you.

Associations & Recognitions

All attorneys are required to be a registered member of their state’s Bar, which you can use to search for information about an attorney’s education and licenses. Top attorneys are often recognized and interviewed by lawyer magazines and law journals, and receive awards for law excellence. They’re recommended by former clients, with high ratings on multiple lawyer-ranking websites.

Look for proven results in cannabis cases

You should feel confident with your attorney’s skill. In addition to confirming their credentials, make certain they’ve had positive results with prior cannabis cases. If their case history is full of successes and pleased clients, you can reasonably expect a positive outcome should they represent you.

If you’re looking for representation in a particular case, not only for general cannabis legal advice, your attorney should have defended similar cases. For example, if you’re a property owner facing cannabis appeals because your tenants grew illegal cannabis, look for an attorney who has defended other property owners.

Represents clients in your area

Cannabis law is affected by multiple practice areas, and is further complicated by differences in federal and state laws. Some attorneys will only represent clients in a certain area, while others have larger scopes. When it comes to cannabis law, it helps to have an attorney who specializes in cases within your County & City.

If you’ve been cited for your Sacramento tenants’ illegal cultivation of cannabis, call Alves Radcliffe, LLP at 916-333-3375 or send us an email. We have over 25 years of combined experience, and serve clients throughout Greater Sacramento, Northern California, and the San Francisco Bay Area.

Sacramento City & County ordinances make it illegal to grow more than six plants per residency

In an attempt to curve the organized crime that is often associated with illegal cannabis, Sacramento has signed an ordinance restricting residential grows. Sacramento residents can grow only six or fewer cannabis plants on their property. Each additional plant adds a $500 fine in Sacramento City, and $1,000 in Sacramento County.

This might sound straightforward, but when tenants are the ones growing cannabis, the blame gets shifted to the legal owners of the property: landowners. The tenants might get cited with a misdemeanor, but the landowners are the ones who have to pay the fines. Large operations can total six-figure fines, with several cases breaching a million dollars. In just two years, from August 2017 to August 2019, Sacramento City issued landowners a total of $90 million fines in illegal cannabis cultivation.

Landowners are fined even if they’re innocent

The ordinance clamps down on any illegal cannabis grow. It states:

No person shall own, lease, occupy, or have charge or possession of any property upon which cannabis is knowingly or unknowingly being cultivated, except in accordance with the following:

A. Chapter 5.150 (cannabis businesses).

B. Section 8.132.040 (residential cultivation of cannabis).

Unless landowners are leasing to a legal business, or have tenants following the six-plant restriction, they will face fines. These fines are difficult to fight without an attorney specializing in cannabis law because the appeals process takes inspiration from the quick structure of parking ticket appeals. The informality of cannabis appeals makes it near impossible for landowners to defend themselves without legal representation.

Most landowners who represent themselves leave court without dismissed fines. And in many cases, landowners with no representation are given only weeks to pay off the fines—or risk losing their property and savings.

If you’ve been cited for your tenants’ illegal cultivation of cannabis, call Alves Radcliffe, LLP at 916-333-3375 or send us an email. We have over 25 years of combined experience, and serve clients throughout Greater Sacramento, Northern California, and the San Francisco Bay Area.

Posts in category: Cannabis appeals

What to Look For in a Cannabis Law Attorney