Possession of marijuana for personal use – medical marijuana

Possession of marijuana for personal use is prohibited by law and includes possession of any concentrated cannabis, possession of more than one ounce of marijuana (other than concentrated cannabis) or possession of less than one ounce of marijuana (other than concentrated cannabis). The first scenario may result in misdemeanor or felony prosecution, the second and third only in misdemeanor prosecution. Patients who need marijuana for medical reasons (who have a doctor’s approval for using the drug) are supposed to be exempt from this law, however overzealous law enforcement are quick to arrest anyone having anything to do with marijuana use or possession. As a result, an individual who is arrested for possession (who believes that he or she is legitimately authorized to use it for medicinal purposes) must contact an experienced California drug defense attorney who is knowledgeable with respect to a medical marijuana defense.

Medical marijuana use is regulated by The Compassionate Use Act and by Senate Bill 420. The Compassionate Use Act states that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief. These patients are known as “qualified patients” and are not supposed to be arrested for possession or cultivation of marijuana. Senate Bill 420 defines patients with identification cards as those who hold a card issued by the State Department of Health Services which identifies that individual as a person authorized to engage in the medical use of marijuana.

An individual who meets either of these requirements should not, unless there are other circumstances that would warrant prosecution, be held criminally liable for marijuana use or activity under California’s current personal possession laws, possession of marijuana for sale laws, cultivation laws, transportation laws or those laws that deal with unlawful places and activities. However, as previously stated, medical marijuana use isn’t always recognized by the police and, as a result, people are frequently arrested for possessing marijuana and must turn to a skilled attorney for help.

It must be noted that just because an individual is permitted to use marijuana for medical purposes, this defense will not apply if he or she used the marijuana where smoking is prohibited by law, within 1,000 feet of a school, recreation center or youth center unless the use was within a residence, on a school bus, in a car that was being operated (even if the accused was only the passenger) or while operating a boat.

Medical marijuana use is a defense that only a practiced criminal attorney should employ, at its requirements are technical and specific. The outstanding attorneys at The Kavinoky Law Firm specialize in California drug crime defense and know how to effectively apply a medical marijuana use defense under the appropriate circumstances. Through their savvy negotiation skills and based on their excellent and trustworthy reputation with state and local prosecutors, they are able to quickly resolve these types of cases in the pre-trial stages, helping their clients avoid trials where possible. With law offices located throughout California, including several in Los Angeles, they are easily accessible to anyone in need of a top defense attorney who has mastered everything related to California’s drug laws and their defenses. For unsurpassed representation and for the most trusted legal advice, contact The Kavinoky Law Firm today for a free consultation.