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Marijuana Advisement and Consultation

We are comprised of experienced attorneys dedicated to the rights of medical marijuana patients, collectives, dispensaries, doctors and growers. We provide a variety of medical marijuana related services to our clients. Our attorneys have experience incorporating medical marijuana collectives and growers. We also provide legal and consulting services to our existing clients to ensure that they stay in compliance with California law.
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COMPASSIONATE USE ACT & MEDICAL MARIJUANA

Medical marijuana has taken an arduous journey through the California legal system. The state passed Proposition 215 in 1996, which decriminalized the use, possession, and cultivation of medical marijuana under the Compassionate Use Act, granting immunity to qualified patients and primary caregivers. A qualified patient is someone who has the approval or recommendation of a physician to use marijuana for medicinal purposes. The Act also created an affirmative defense for qualified patients and caregivers. Case law has expanded those protections for those charged with transportation.

MEDICAL MARIJUANA PROGRAM ACT

In 2003, The California Legislature passed the Medical Marijuana Program Act. This act provides additional immunity from prosecution for medical marijuana users in terms of violations of possession for sale and transportation or other marijuana laws. The details of this act are explained in the California Health and Safety Code §11362.7-11362.83. This act also indirectly allowed storefront dispensaries and medical cannabis delivery services because it granted immunity to associations of patients that operate collectively or cooperatively.

CANNABIS POSSESSION & USE FOR MEDICAL PURPOSES

The Medical Marijuana Program Act created safe harbor guidelines for the amounts of marijuana that a qualified patient can possess or that a primary caregiver is allowed to cultivate. According to the Health and Safety Code §11362.77, qualified patients and primary caregivers who carry a medical marijuana card can carry as much as 8 ounces of dried and processed marijuana. They are also allowed to have up to 6 mature marijuana plants or up to 12 immature marijuana plants. Local governments have the right to increase limits as they please. In Sonoma County, for example, patients are permitted to possess up to 3 pounds of processed bud or plant conversion and cultivate up to 30 plants within 100 square feet. Case law has determined that the amount that a medical marijuana patient can use is ultimately up to the patient if that amount possessed is reasonably related to the patient’s needs. This means that law enforcement cannot impose guidelines on a patient.

PROTECTION FROM MEDICAL MARIJUANA PROSECUTION

Unfortunately, all too often, law enforcement agents target people who use medical marijuana. If you have been questioned, detained, or arrested on medical marijuana charges, we who can help you. We will do all that we can to present evidence on your behalf to show that you are protected under the Medical Marijuana Program Act and the Compassionate Use Act.

IMPORTANT CASES

Medical marijuana defense is available in some cases where a defendant is charged with transportation. (People v. Wright (2006) 40 Cal.4th 81, 87–88 [51 Cal.Rptr.3d 80, 146 P.3d 531] (Medical Marijuana Program applies retroactively and defense may apply to transportation of marijuana); People v. Trippet (1997) 56 Cal.App.4th 1532, 1550 [66 Cal.Rptr.2d 559].) In addition, even though a recommendation is expired on it’s face, under the law, a qualified patient’s approval from a physician or physician’s recommendation does not automatically become invalid. (People v. Windus (2008) 165 CAl.App.4th 634.

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If you have been charged with a crime, or require the counsel of an attorney with experience, contact our Santa Rosa law offices today. Our experienced attorneys are ready to defend your rights.

Address: 50 Old Courthouse Square #300a, Santa Rosa, CA 95404

Phone: 707-955-5298

Spanish: 707-536-1230

Fax: 707-540-6545