Los Angeles DA Launches New Unit to Target Illegal Marijuana Activity

Los Angeles County has ramped up its fight against the cannabis black market with a newly formed prosecution unit dedicated to illegal marijuana activity. This comes as the region struggles with hundreds of unlicensed dispensaries and illicit grows continuing to operate years after California’s legalization of adult-use cannabis. 

Below, William Kroger, Attorney at Law, breaks down what this new unit to target illegal marijuana entails, who’s leading the charge, which cannabis activities are still crimes in L.A., and how this shift could affect those facing marijuana-related charges.

The Current L.A. District Attorney: Background and Cannabis Stance

As of December 2024, Los Angeles County’s District Attorney is Nathan J. Hochman, who unseated former D.A. George Gascón in the 2024 election. Hochman is a former federal prosecutor who campaigned on a “hard middle” platform, promising a balance between public safety and reform. 

He has vowed to crack down on crime, signaling a tougher stance on issues that his predecessor approached more leniently. Although Hochman has not yet made extensive public statements specifically about cannabis enforcement, his broader policy positions indicate that illegal drug operations (including unlicensed cannabis businesses) will face more aggressive prosecution under his administration.

What Are the Goals and Focus Areas of This New Illegal Marijuana Unit? 

Shutting Down Unlicensed Dispensaries and Delivery Services

Services that disregard state and local laws include "brick-and-mortar” establishments, often storefronts posing as legal dispensaries, and potential underground delivery networks, which the DA’s new drug unit will target. By focusing on these cases, the unit seeks to create fair competition for licensed businesses and signal that violators will face repercussions.

Targeting Large-Scale Illegal Cultivation Sites

This measure targets marijuana cultivatorswhocause environmental harm. Los Angeles County has seen numerous illicit grows, particularly in remote or rural areas like the Antelope Valley and the high desert. Some have been accompanied by water theft, dangerous use of pesticides, and other environmental crimes. 

County budget documents note funding for a “Marijuana Eradication Team” to combat water theft and illegal grows in the Antelope Valley. The DA’s unit will work in tandem with such efforts to prosecute the organizers of these grows (not just uproot the plants).

Governor Gavin Newsom has emphasized the state’s commitment to shutting down illegal cannabis operations that threaten the environment and undermine legal businesses. In a recent statement following a record-breaking multi-agency bust, he said, “Let this be a reminder to all who grow cannabis illegally: we will not tolerate the undermining of our legal industry.”

Ensuring Geographic Coverage for Illegal Marijuana Violators

The unit is expected to focus on areas of L.A. County with rampant illicit activity, notably South Los Angeles and unincorporated county territories. According to community reports, South L.A. has become a hotspot for illegal dispensaries. 

Unincorporated areas (home to ~1 million residents) currently have no legal dispensaries due to local bans, which unfortunately means illegal shops fill the void. The new DA and the California Department of Justice are increasing their efforts to combat these operations. The unit will concentrate on these locales, working with Sheriff’s deputies where city police or city attorneys lack jurisdiction. 

By contrast, in the City of Los Angeles, the City Attorney also continues to handle many unlicensed shop cases as misdemeanors – the DA unit will likely get involved if those cases involve more serious allegations or if a coordinated countywide strategy is needed.

Prioritizing Cases With Public Safety Risks

All illegal cannabis operations are on notice, but those posing heightened dangers will get special attention. For example, an unlicensed dispensary selling tainted or untested products (edibles with illegal pesticides or vape cartridges with harmful additives) is a direct threat to consumers. 

Similarly, any operation linked to violent crime (such as armed personnel, gangs, or linked sales of other narcotics) will be a top priority. In one raid in East L.A., Sheriff’s narcotics teams found not only hundreds of pounds of illicit cannabis products but also four guns, a rifle, methamphetamine, fentanyl, and cash at illegal dispensaries. 

The new DA unit is designed to aggressively pursue high-stakes cases, potentially seeking felony charges where warranted.

The DA’s Approach to Prosecution of Illegal Marijuana Crimes

One notable aspect is that authorities are trying to be strategic. They do not simply aim to arrest every budtender behind an illegal counter but to “drive accountability” toward the organizers and profiteers of the illicit trade. 

The unit will likely employ investigative tools (grand jury subpoenas, financial investigations, etc.) to trace operations back to their sources – e.g., the person financing multiple pop-up dispensaries or the networks distributing product. 

By doing so, the DA’s office hopes to impose meaningful penalties (and deterrence) on those who knowingly break the law for profit, rather than low-level employees. This doesn’t mean small players are immune, but there is recognition that simply jailing a clerk doesn’t solve the larger problem. 

California’s cannabis regulator, Nicole Elliott, has noted that mindlessly throwing people in jail for cannabis has been done wrongly in the past (disproportionately impacting people of color), and enforcement now must be smarter. 

We expect the DA’s unit to collaborate with regulatory agencies to pursue civil penaltiesandasset seizures. The County Sheriff’s Department can pursue criminal charges in cases involving illegal cannabis operations. 

For instance, targeting landlords who knowingly rent to illegal dispensaries (through nuisance abatement lawsuits or forfeiture) is on the table – L.A. County’s Board of Supervisors and the state have pushed for more accountability for property owners facilitating illegal sales.

Early Operations and Illegal Marijuana Cases

While specific cases from the new unit are just beginning to emerge, there are signs of increased enforcement. In late 2024, the L.A. County Board of Supervisors noted that the law enforcement team tasked with dispensary enforcement had only raided a few shops monthly, and many would reopen within weeks. 

The new unit aims to change that dynamic by following through after raids, ensuring that evidence collected leads to prosecutions (misdemeanor or felony as appropriate) and that repeat offenders face escalating consequences.

Los Angeles has looked to places like San Diego County, which effectively eliminated its illegal dispensaries by making enforcement a priority, and to New York City, which has aggressively 

padlocked unlicensed smoke shops. Armed with dedicated prosecutors, L.A.’s DA Office is signaling a similar resolve to put a dent in the black-market marijuana trade finally.

What’s Legal vs. Illegal: California and Los Angeles Marijuana Laws

California’s cannabis laws can be confusing, especially since state law allows some cannabis use but criminalizes other activities. Here’s an overview of key laws and what remains illegal despite legalization:

Adult Personal Use (Legal With Limits)

Under Proposition 64 (the Adult Use of Marijuana Act, passed in 2016), adults 21 and over may legally possess up to 28.5 grams of cannabis (about one ounce) or 8 grams of concentrated cannabis for personal use. Adults may also cultivate up to 6 cannabis plants at their residence for personal use. 

These activities are legal statewide (though local governments can impose reasonable regulations on personal cultivation). Possessing more than the legal amounts remains a violation: for instance, possessing more than 28.5g of flower is a misdemeanor punishable by up to 6 months in jail and a $500 fine.

Licensed Commercial Activity (Required for Legal Sales)

All commercial cannabis activity (cultivating, processing, distributing, selling cannabis products, or operating a dispensary) must be done under state and federal regulations. The state’s licensing regime – now overseen by the Department of Cannabis Control (DCC) – issues licenses for growers, manufacturers, distributors, testing labs, and retailers. 

State licenses are only valid if the local city or county permits that business. Many parts of Los Angeles County either banned or did not allow cannabis businesses initially, meaning even now, large swaths of the county have no legal dispensaries.

Unlicensed Sales and Distribution (Illegal)

Selling cannabis, or possessing cannabis with the intent to sell, without a license, is a crime in California. After Prop 64, most of these offenses are misdemeanors (absent aggravating factors). Health & Safety Code §11360 makes it unlawful to transport or give away more than 28.5 grams of cannabis or any amount for sale without a license. 

For most first offenses, the penalty is up to 6 months in county jail and/or a $500 fine. Similarly, HS §11359 (possession for sale) is generally a misdemeanor now. In Los Angeles City, operating an unlicensed cannabis business violates municipal law and has led to misdemeanor prosecutions resulting in sentences of up to 180 days in jail and $1,000 fines. 

Every unlicensed dispensary, delivery service, or cultivation operation is squarely illegal – cannabis may be legal, but you can’t sell it or mass-produce it without going through the licensing process.

Sales to Minors (Felony)

It remains strictly illegal to sell or provide cannabis to minors. Licensed dispensaries cannot serve anyone under 21 (or under 18 for medical patients with doctor recommendations). The sale of marijuana to a minor can be prosecuted harshly by the county district attorney's office, leading to severe penalties.

Prop 64 did not remove penalties for using minors in drug operations; an adult (18 or over) who sells or gives cannabis to a person under 18 can face a felony (with penalties more severe if the minor is under 14). These cases would be handled outside the new unit (likely by specialized units for crimes against children). 

Still, it’s worth noting the law’s severity here as a distinction: cannabis offenses involving minors are treated much more seriously than those involving adult-to-adult transactions.

Illicit Manufacturing of Cannabis Products

California distinguishes between simple cultivation and processing and more dangerous manufacturing processes. Making concentrates (like hash oil) using volatile solvents, such as butane, without a license is a felony offense that can attract the attention of law enforcement agencies. 

The law punishes unauthorized chemical manufacturing of cannabis concentrates with sentences of 3–7 years in prison and up to $50,000 in fines. This is because of the high risk of explosions and fires (these illegal butane hash oil or “BHO” labs have caused deaths and injuries in the past). 

The new DA unit will prosecute any clandestine lab operations found during raids, not misdemeanors but felonies that pose a public safety hazard.

Large-Scale or Environmental Violations

While the base penalties for unlicensed cultivation or sales are misdemeanors, California law provides felony enhancements in specific scenarios. If an illegal grow involves significant environmental harm (for example, illicit diversion stream, toxic pesticide use, or causing fires), prosecutors can charge felony counts under ecological laws or special health and safety code provisions. 

Los Angeles County officials have been especially concerned with water theft and pollution from illicit grows in rural areas. Additionally, suppose a person has certain serious prior convictions or is caught with large quantities. In that case, prosecutors may seek felony charges (e.g., maintaining a drug house or conspiracy charges, or applying the new California law against repeat retail theft/drug offenders under Proposition 36 (2024) in cases where applicable).

Local Marijuana Laws in Los Angeles

Los Angeles City enacted its cannabis regulations under Measure M (2017) and subsequent ordinances. Operating a cannabis business in the city without a city license is illegal; the city can impose civil fines, padlock properties, and pursue misdemeanor criminal charges. 

In 2018, the L.A. City Attorney charged over 500 people with 105 illegal shops and grow sites across the city, using the city’s laws that mirror state licensing requirements. Los Angeles County (for unincorporated areas) only recently approved a framework to allow a limited number of licensed cannabis businesses. 

Until licenses are issued, any dispensary in unincorporated LA County is illegal, as the Board of Supervisors has not authorized any legal retail there. The DA’s new unit is particularly relevant for these county areas, since no City Attorney can handle those cases.

In summary, despite statewide legalization, you can still be arrested and prosecuted for: selling cannabis without a license, growing large quantities beyond personal limits without a license, operating an unlicensed dispensary or delivery service, engaging in hazardous cannabis extraction, or selling to underage persons. These actions violate California law and local laws and are the precise activities the new DA unit focuses on.

What the New Crackdown Means if You’re Investigated or Charged

For individuals who are arrested or charged with illegal marijuana activity in Los Angeles, the advent of this new prosecution unit has important implications:

Higher Risk of Prosecution

In the past, some unlicensed cannabis operators felt they flew under the radar or that the consequences were nominal. For example, many busted shops in L.A. would pay a fine or have employees cited, then reopen elsewhere. 

Now, with dedicated prosecutors on the lookout, the odds of facing formal charges are significantly increased. Cases that might have been dismissed or not pursued vigorously might now be followed up to the fullest extent. 

The DA’s unit exists to make sure no illegal cannabis case is ignored. As a result, if you were operating an illegal dispensary or grow, the chance of being targeted and brought to court is now much greater.

Coordinated Enforcement and Investigations

Expect that investigations into illegal cannabis enterprises will be more sophisticated and far-reaching. Where previously a raid might result in confiscation of product and on-site arrests, the new approach will dig deeper. 

Working with the DA’s investigators, law enforcement may use search warrants to seize cannabis, business records, cash, and customer lists and identify the ringleaders. They can trace utility records to find extensive power and water usage (common for indoor grows) and use surveillance to build a case.

If you are under investigation, be aware that multiple agencies could be sharing information. For example, the state DCC inspectors, the LAPD, the Sheriff’s Department, and the DA’s unit will coordinate. This means that even if an illicit business is located in one city and sources products from another area (say, illegal farms in the Antelope Valley), the task force might connect those dots into a larger case.

More Severe Charges for Aggravated Cases

The presence of the DA’s unit means that if your situation involves any aggravating factors, prosecutors are more likely to leverage the full range of charges against you. For instance, if firearms or other drugs are found alongside the illegal cannabis operation, additional felony charges (weapons charges or distribution of controlled substances) will be added. The unit’s mandate is to treat these as serious offenses, especially when public safety is at stake. 

In one multi-location bust, 22 people were arrested and charges included not just cannabis sales but also weapons and hard drugs, demonstrating that illegal dispensaries can face a litany of charges beyond just unlicensed cannabis activity. Simply put, an illegal cannabis business can be a magnet for other criminal liability, and prosecutors will not hesitate to pile on charges if warranted.

Potential for Harsher Sentencing Approaches

Under the previous DA, someone charged with a first-time, non-violent cannabis misdemeanor might have expected a light outcome (e.g., diversion to avoid conviction, or minimal fines). While California’s law still treats most of these as misdemeanors, the new unit’s philosophy is about deterrence. 

That means prosecutors may argue for stiffer penalties within what the law allows. This could include seeking jail time in repeat-offender misdemeanor cases (up to 6 months for each count), or pushing cases into felony territory when legally justifiable (for example, charging felony money laundering or conspiracy if an operation made large profits). 

Additionally, the unit can coordinate with civil enforcement – you might beat a criminal case but then face a civil lawsuit seeking tens of thousands in penalties (the state Business and Professions Code allows fines up to $30,000 per day for unlicensed commercial cannabis activity). In short, the stakes are higher: the goal is to impose consequences that actually hurt, rather than a “slap on the wrist.”

Less Tolerance for Repeat Offenders

The new strategy is especially unwelcoming to those caught before and re-offending. Some storefronts have been known to pop back up repeatedly even after enforcement by the county district attorney's office. 

The DA’s office is likely tracking such patterns. If you have prior convictions or pending cases related to illegal cannabis, you can expect the prosecution to come down harder. The unit may use those priors to argue for maximum sentencing or to set high bail to keep serial offenders off the street. 

Under a recently passed measure (Prop 36 in November 2024), California is tightening penalties for those with multiple convictions of theft or drug dealing, meaning a person with repeated sales offenses could face felony treatment and mandatory drug treatment programs as part of sentencing. The era of a revolving door for illicit dispensary operators in L.A. is waning.

Focus on Asset Forfeiture and Business Disruption

Being targeted now might mean criminal charges and aggressive moves to shut down the business permanently. The DA unit can work with agencies to padlock properties, revoke leases, and seize assets. For example, L.A. County has moved to “de-platform” illegal dispensaries by removing them from sites like Google Maps and Yelp. This indicates a comprehensive approach to making it harder for illicit businesses to attract customers. 

If you’re involved in an illegal operation, expect enforcement to hit from multiple angles: your cash might be seized as proceeds of illicit sales, your landlord might be pressured to evict or even face charges, and your ability to operate (even discreetly) will diminish. From a defense standpoint, one must be prepared to fight on several fronts (criminal court, asset forfeiture proceedings, etc.).

Opportunity for Compliance or Diversion

On the flip side, one goal of law enforcement is to encourage illegal operators to become legal, licensed operators if possible. California has social equity programs and license opportunities (though limited) for those who were in the illicit market. 

If you seek to transition into the legal market, now is the time – before you get caught – to pursue that, possibly with legal assistance. Once charged, there may still be chances in court to negotiate outcomes that involve compliance measures: for example, some cases might be resolved if the defendant agrees to shut down and not engage in the cannabis business unless properly licensed, or by paying restitution (back taxes, etc.). 

The new DA unit’s hard line doesn’t mean they won’t ever offer plea deals, but any negotiation will likely require the illegal activity to cease entirely. If the case is minor, first-time arrestees might be offered a diversion program (including drug education or community service) instead of conviction, but repeat or egregious offenders should not count on that leniency.

In essence, if you are involved in an illegal cannabis venture in Los Angeles, the risk of getting caught and facing significant legal consequences is at an all-time high. It is crucial to understand that “legalization” does not equal a free-for-all – cannabis is heavily regulated, and operating outside those regulations is a crime. 

The dedicated DA unit underscores that prosecutions will be more frequent and better supported by evidence. Anyone under investigation or charged should take the matter seriously and consider consulting a criminal defense attorney experienced in California cannabis law.

Contact a Los Angeles Illegal Marijuana Defense Attorney Today

If you have been arrested or charged with illegal cannabis cultivation, sales, or operation of an unlicensed dispensary, your next steps matter. The Los Angeles District Attorney’s new cannabis enforcement unit is filing charges more aggressively and building stronger cases with the help of law enforcement and regulatory agencies.

Do not wait to get legal help. Even if you believe the charges are minor or your operation was low-level, you could still face jail time, heavy fines, or asset seizures. We offer free, confidential consultations to review your case and explain your legal options.

Call our office now at 323-655-5700 or message anytime, day or night. William S. Kroger has defended cannabis-related charges across Los Angeles County for decades. We are ready to help you protect your rights and your future.