David M. Baum Law Corporation

09/28/2023

Coming up on the two year anniversary since Governor Newsom signed Assembly Bill (“AB”) 333, the “STEP Forward Act,” into law. (2021 Cal. Legis. Serv. Ch. 699 (AB 333), subd. (g).) AB 333 significantly reformed California’s gang laws and sought to reduce their scope and disparate impact on communities of color. AB 333 now requires that the predicate offenses used to prove a pattern of criminal street gang activity be committed by fellow members, collectively, and within three years of the charged offense and the other predicate offenses. Additionally, predicate offenses must have benefited the criminal street gang, and both the predicate offenses and the charged offense must have benefited the gang in a way that is “more than reputational”. AB 333 also requires that the criminal street gang itself be “organized,” and provides a mechanism for bifurcating the gang-related charges and enhancements from the charged offense.

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310-552-9100

09/02/2023

AGI is the tech equivalent of Bigfoot. Myth or possibility?

12/20/2018

California's recent passage of SB1437 will help remove inherent bias in our criminal justice system by limiting the reach of a draconian law- Felony Murder Rule - which was applied to result in lengthy prison sentences for accomplices with no direct participation in the killing.

The new law redefining use of the state’s archaic felony murder rule is now poised to serve as a model for reform-minded lawmakers across the country.

12/20/2018

Breaking News: In possibly the last bipartisan act of congress before the Christmas Holiday, on 12-18-18, a bipartisan vote in the Senate passed the "First Step Act" - a move towards reforming the Federal criminal justice system, including elimination of mandatory minimum sentencing requirements, softening of the 3-strikes act, providing for good time credits, job training, and early release for non-violent offenders. Now it goes to the House for a vote, and then to Trump for his signature, or veto. The proposed reforms, if passed, are proposed to have retroactive effect, so that some defendants may be able to have their sentences reduced, and may result in immediate release from Federal Custody. Contact a Criminal Justice Attorney for more specific details.

11/10/2017

CBD labels exposed

A new study that shows most CBD labels don’t accurately reflect what’s in the product highlights the stark contrast between cannabidiol companies and their ma*****na counterparts.

Ma*****na skeptics seem to be real sticklers about ensuring cannabis products carry accurate THC labels that tell consumers exactly what they’re getting and, just for extra measure, contain warnings not to drive high.

So it’s especially interesting that CBD products – lauded by many ma*****na foes for not containing psychoactive THC – don’t get the same scrutiny.

That’s the finding of a team of doctors who bought CBD products online and tested them to see what they contain.

The results? Less than a third of the CBD products were accurately labeled, and many bottles contained only the foggiest proximity of CBD promised on the label.

The study exposed a nagging problem in the cannabis industry:

The plants are intensely screened for THC and possible contaminants in many jurisdictions, and every Halloween the internet revs up with baseless rumors that THC is somehow being sneaked into candies and other consumer goods.

But there’s almost zero oversight of ma*****na and h**p products touting high concentrations of valuable compounds.

Some in the h**p industry say the study should be a wake-up call to producers and drug regulators alike.

“This is what happens in the absence of government regulation, and consumer confidence is what’s going to suffer,” said Patrick Frankham, CEO of Pivot Pharmaceuticals in Vancouver, British Columbia, which plans to enter the CBD industry.

(Excerpt of original Article "Week in Review" published by MJBizDaily 11/10/17)

10/10/2017

Congratulations Everyone
The 2018 ACA (Affordable Care Act) enrollment period has been shortened to November 1-December 15, 2017. ALSO it will be down for maintenance for 12 hours every Sunday in the middle of the upcoming open-enrollment period.You're probably not seeing a lot of advertising about the enrollment window online or on TV because GOP slashed the advertising budget by 90% to make this fail.
Fortunately, your friends (like me) are posting this and using the word congratulations so it gets posted more frequently in Newsfeed by FB algorithms. Please copy and paste (don't share) on your own timeline, if you want to help spread the word.
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10/10/2017

Is ma*****na legal in California?

Commercial “Recreational” Ma*****na

On November 8, 2016, California voters passed Proposition 64 the Adult Use of Ma*****na Act (AUMA) which took effect November 9, 2016, the day after the election. Under AUMA a person 21 years of age or older may now possess, process, transport, purchase or give away (to persons 21 years of age or older) not more than 28.5 grams of ma*****na in the non-concentrated form and not more than 8 grams of ma*****na in a concentrated form including ma*****na products (like edibles and extracts). However, AUMA does not allow for commercial sales without both a state and local permit, and clearly provides that local jurisdictions continue to have full authority to regulate or prohibit any business establishment dispensing recreational ma*****na.

Although AUMA authorizes adults in California to legally possess, use, and transport recreational cannabis, however, there is currently no place in the state to purchase recreational cannabis, since licensed medical dispensaries are not allowed to sell recreational cannabis (i.e. to adults over 21 who do not have the required physician’s recommendation to purchase medical ma*****na). Though out-of-state residents can legally purchase recreational cannabis under AUMA, they too may not do so until state and local licensing begins, as currently licensed medical dispensaries may only dispense medical cannabis to California residents for medical use.

Again, Under AUMA a person 21 years of age or older may now possess, process, transport, purchase or give away to persons 21 years of age or older not more than 28.5 grams of ma*****na in the non-concentrated form and not more than 8 grams of ma*****na in a concentrated form including ma*****na products (like edibles and extracts).

A person 21 years and older may cultivate nonmedical ma*****na within a private residence for personal use. The AUMA provides that local governments can reasonably regulate, but cannot ban the personal indoor cultivation of up to six nonmedical ma*****na plants per private residence. A “residence” is defined as a house, an apartment unit, a mobile home, or other similar residential dwelling. No matter how many persons over 21 years of age are living in a “residence,” only six living plants may be cultivated at one time.

This includes cultivation in a greenhouse that is on the property of the residence but not physically part of the home, as long as it is fully enclosed, secure, and not visible from a public space. Because this activity is not subject to state licensing requirements, individuals may engage in personal indoor cultivation beginning November 9, 2016, unless a city enacts an ordinance imposing a reasonable regulatory scheme that would preclude them from doing so before complying with the city’s regulatory requirements. At this time, Santa Monica has not imposed any regulations on personal cultivation.

Enjoy Responsibly!

08/30/2017

Notice to Veterans: The Defense Department has issued a sweeping policy change to afford more leeway to veterans seeking upgrades to their other-than-honorable discharges.

A memorandum dated Aug. 25 instructs the Army Review Boards Agency — the office charged with changing military records — to give “liberal consideration” to veterans looking to upgrade their less-than-honorable discharges, or “bad paper,” because of mental health conditions or traumatic brain injury, sexual assault or sexual harassment and outlines what should be considered when deciding an upgrade.

The new memo was sent to military secretaries and signed by Anthony M. Kurta, a retired Navy rear admiral who is performing the duties of the undersecretary of defense for personnel and readiness. Kurta states that the memo was a result of that review and an attempt to clarify “lingering questions” and “potential ambiguities.”

Kurta wrote. “As time has passed, we better understand victimology today and we better understand PTSD today,” Air Force Lt. Col. Reggie Yagel said in a Defense Department video accompanying the memo. Yagel is director of legal policy with Kurta’s office. “The whole policy is designed to understand we need to afford some leniency,” he said. “It’s in our interest to ensure those who have suffered injustice or believe their discharge is unfair, that they have a reasonable opportunity… to establish the basis for their discharge was precipitated by things outside their control. This clarifying guidance is intended to ease those burdens and make it easier for an applicant to establish that.”

The memo requires boards to ask whether a veteran had a condition or experience that would excuse or outweigh their other-than-honorable discharge.

We can help. Contact us for assistance with discharge upgrades.