Proposition 215, also known as the Compassionate Care Act of 1996, allows patients with specified medical conditions, their “primary caregivers”, and businesses, including non-profit “collectives” or “cooperatives,” to use, possess, cultivate, and sell medical marijuana provided that they adhere to specific rules outlined in the law.
The basic law states that medical marijuana patients, with a valid physician's prescription, may possess 6 mature or 12 immature plants and 1/2 pound (8 oz.) of processed cannabis. If you possess a valid medical marijuana prescription, then you may have a complete defense to any criminal charges; however, there are many factual scenarios in which a person with a medical marijuana prescription can still be charged with a felony or misdemeanor, for marijuana possession, sales, and/or cultivation. For example, there is much debate over whether “concentrated” cannabis, otherwise known as “hash,”may be legally possessed by a patient with a medical marijuana prescription or whether it is still a crime punishable by jail or prison time. Additionally, even if you have a valid prescription, it is still illegal for a patient to sell medical marijuana for a profit or to buy it from a source other than a designated medical marijuana dispensary. California's medical marijuana laws are complex, so if you are being investigated for a medical marijuana case, or are facing charges for medical marijuana possession, cultivation, or sales, then you should immediately consult with the knowledgeable and experienced drug crime defense attorneys at White Goldstein to determine how to best attack your marijuana case.
Until recently California residents were still prosecuted under Federal law for the possession of medicinal marijuana even though this same conduct was protected under California State Law. However, in October 2009, the Department of Justice issued a memorandum to United States Attorneys, in the states where medical marijuana is permitted under state law, stating that it is dedicated to the “efficient and rational use” of its judicial resources and would not continue to prosecute patients and caregivers who were in “clear and unambiguous compliance” with state law. (For further reference see the Attorney General's Memorandum on Medical Marijuana Investigations and Prosecutions.)
If you have been arrested by state or federal law enforcement for using, possessing, cultivating or selling marijuana legally, then you need to hire a lawyer who is familiar, and has an expertise, with the intricate and ever-changing criminal laws regulating medical marijuana.
At White Goldstein we have successfully defended patients, caregivers, and other persons or businesses charged with the illegal use, possession, cultivation, and/or sales of medicinal marijuana. If you are charged with a drug crime involving medicinal marijuana, it is imperative to seek the most competent legal counsel available to you. We understand the laws and know how to apply our knowledge to provide you with the most effective legal representation. Your acquittal depends on the skill and dedication of your criminal defense team.
Call us at: (877) 77 WE-WIN or (877) 779-3946.
White Goldstein has an impeccable defense record and will fight to win your case. Contact us at (877) 779-3946 to set up a consultation.
White Goldstein has extensive experience handling medical marijuana defense cases throughout Southern California including Los Angeles County, Orange County, Riverside County, San Bernardino County, San Diego County, Santa Barbara County, and Ventura County.