Mower hearings

When an individual in California is arrested for possessing, possessing for sale, cultivating or engaging in any other activity that relates to marijuana but is doing so for medical purposes, he or she may have a valid, legal defense. It should be noted that although The Compassionate Use Act only permits patients and their primary caregivers to possess and cultivate marijuana for personal medical use, any charges that relate to marijuana use may be applicable, if the defense attorney can convince the judge and/or jury that the activity was related to personal medical use and, as a result, the charges were inappropriately filed. In order to successfully plead this defense, it is imperative that the accused hires an experienced California criminal defense lawyer who has a thorough understanding of the laws that regulate medical marijuana use and the types of defenses that are applicable to them.

A Mower hearing provides an avenue to raise a medical marijuana defense. A Mower hearing is a type of pre-trial proceeding (equivalent to a motion to dismiss) that entitles the accused to argue his or her medical defense before going through the rigors of a trial, holding the prosecutor to a higher burden than he or she would normally face during the pre-trial phase in the criminal court process.

Patients and caregivers who are arrested for and charged with possession or cultivation of any amount of cannabis can file this type of motion to have their charges dismissed. This type of hearing arises out of a California Supreme Court case that was decided in July 2002 (People v. Mower). That case held that The Compassionate Use Act (also known as Proposition 215) provides more than just an affirmative defense (like self-defense in a murder trial) in that it actually provides those who are entitled to argue it with qualified immunity from prosecution.

“Mower” ruled that, in accordance with Prop. 215, patients and their caregivers should be protected from unnecessary prosecution, stating that possession and cultivation of marijuana (for medical purposes) is no more criminal than the possession and acquisition of any legal drug issued with a doctor’s prescription.

The court established a two-step process for those who are inappropriately arrested. First, they are entitled to a pre-trial hearing (now known as a Mower hearing) where they can ask the court to dismiss their case if they can establish by a “preponderance of the evidence” (which means that it is more likely than not) that they are, in fact, legal patients or caregivers. If that fails and they are held to answer at trial, they must only raise a “reasonable doubt” to prove their innocence. Unfortunately, much like the laws that are designed to protect patients and caregivers from overzealous law enforcement, this ruling does little to protect those individuals from arrest in the first place, since many police believe that they should still be arresting those who engage in any marijuana-related activity, leaving it to the courts to decide their innocence or guilt.

The exceptional criminal attorneys at The Kavinoky Law Firm have mastered this area of the law and are well qualified to successfully prevail in a Mower hearing, based on their in-depth knowledge of the Mower case, The Compassionate Use Act and the policies behind each. They are dedicated to helping their clients who have been unfairly targeted by the police put this frightening and frustrating experience behind them as compassionately, quickly and inexpensively as possible. For the most trusted legal advice and unsurpassed representation, contact them today for a free consultation.