Under Proposition 215, also called the “Compassionate Care Act of 1996”, patients who have certain medical conditions along with their “main” caregivers and businesses are allowed to use, acquire, grow and sell medical marijuana so long as they follow the specific rules the law outlines.
California’s law regarding medical marijuana can be very complicated for persons to understand. If someone finds themselves being investigated or are charged with possession of marijuana as well as growing and selling of marijuana, they need to talk with a knowledgeable drug crime defense lawyer. If you or someone you know has been charged in San Bernardino or Riverside County with drug charges, contact our office today to discuss the options available in your situation.
In its basic sense, the law reads that medical marijuana patients who have a valid doctor’s prescription can have six mature or twelve immature pot plants along with eight ounces or half a pound of processed cannabis. If a person has a valid medical prescription for marijuana, there exists a valid defense to most charges associated with its use. Depending on the circumstances in a particular case, the possession or use of marijuana may be filed as a misdemeanor or as a felony.
Previously, California residents could be prosecuted under Federal law for possessing medical marijuana even though California law protected them. Recently, the Department of Justice (DOJ), issued a memorandum to permit the use of medical marijuana in October 2009. It said the agency was dedicated to the cogent and proficient use of the judicial resources and would no waste money prosecuting patients and caregivers that have been in compliance with applicable state law.
If a person has been arrested and charged with possession, growing, using and selling marijuana, either by state or federal agents, seek the advice of an experienced defense attorney who has litigated on behalf of medical marijuana patients and will ensure that their rights are protected under the law and that all evidence seized was done in line with constitutional requirements.
Our attorneys have defended medical marijuana patients successfully against charges of illegal use, growing, possession and sales of medical marijuana. If you have been charged with possession, distribution or cultivation of marijuana, contact us today to discuss the situation.
Client charged with possession for sales and gang enhancement. Client faced 16 years in prison with the gang and prior strike allegation. Client turned down 8 year pretrial offer with prior attorney before going to trial. Not guilty on all charges at trial. (People v. Antwan B.)
Client charged with attempt murder, accessory after the fact and gang enhancement after shots fired at a dwelling. Client turned down 15 year pretrial offer. During trial, plea deal reached for probation with time served. (People v. Rudy B.)
Client charged with resisting arrest, obstruction of justice when cops performed a probation sweep at her residence. Client found not guilty on all counts at jury trial. (People v. Felicia M.)
Client charged with corporal injury to girlfriend after argument allegedly escalated. Client had significant exposure of 21 years because of prior strike, probation violation and GBI allegation. At trial, jury refused to convict client, returning hung verdict. (People v. Christopher P.)
Client charged with possession of methamphetamine for sale after traffic stop. Client claimed prejudice by prosecution’s delay in bringing the case to court. Motion filed on behalf of client asking the Court to dismiss the case as violative of client’s speedy trial rights. Motion granted and case dismissed. (People v. Shannon J.)