Criminal Attorney Defense Donte Wyatt ESQ


Medical Marijuan a is a constantly evolving legal issue with a gauntlet of complexities. The people of the state of California passed a ground breaking proposition that allowed for the Compassionate use of Marijuana for medicinal purposes. Since the passing of the compassionate use act (Prop 215) by the citizens of California in 1996 there has been an onslaught of attacks on the use of Medicinal Marijuana.  

Although the use of medical marijuana was approved by the citizens of the state of California, marijuana was still illegal under federal law and the state statue could not be used as a defense against federal charges. Therefore even after the passage of Proposition 215 federal authorities continued to prosecute marijuana cases in the state of California. Federal authorities continued these efforts up until President Barack Obama directed the attorney general, Eric Holder to cease the raids and prosecutions that were aggressive pursued under the Bush administration. President Obama's announcement served as a temporary victory for advocates of Medical Marijuana. Additional dispensaries opened and people believed that the Federal Government would allow the citizens of California to use medical marijuana as proscribed by the compassionate use act. However in October of 2011 medical marijuana dispensaries and their landlords began receiving letters from their local united States Attorney's Offices. These letters indicated that the landlord or dispensary owner was violating federal law by providing marijuana to patients with legitimate doctor recommendations for the medicinal use of marijuana. These letter threatened prosecution and the seizure of assets if the dispensaries failed to close within 45 days. 

In November of 2011 several medical marijuana advocates filed lawsuits in each of the Federal  Courts Districts in California seeking injunctions to prevent the Federal authorities from following through with the threats outlined in the letters. However, several marijuana dispensaries closed under the federal pressure. Landlords began to worry if their buildings could be seized and dispensary owners were concerned about going to jail. Many people who are against medical marijuana championed this effort by the federal authorities to enforce federal law. Most if not all medical marijuana advocates argue that this is a heinous betrayal after the promise to not disturb the use of medical marijuana in California and other jurisdictions. All objective observers must ask why? Why now? 

Some skeptical people see the looming re-election bid of a president with a less then glorious approval rating. Would the president of the United State shift his stance purely to gain the support of moderate or conservative voters, who frown upon the increasing social acceptance of medical marijuana? Would a politician betray a promise for votes? 





 Donte T Wyatt ESQ


1010 Second Ave
Ste # 1020
San Diego, CA, 92101



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