California Marijuana Laws – Possession of marijuana for sale – medical marijuana
Possession of marijuana for sale is a felony in California, punishable by sixteen months, two or three years in state prison. The charge, in essence, consists of possessing marijuana with the intent to sell it. If charged with this offense, it is critical for the accused to contact an experienced California drug defense attorney who not only knows all of the defenses that are applicable to this charge but who also knows how to effectively convey them to a judge and jury.
Possession of marijuana for sale has three basic “elements” or facts that require proof before an individual can be convicted of the crime, which include an “intent to sell” the drug, knowledge of the presence of the drug and knowledge of its illegal character. Possessing marijuana for medical purposes provides a defense to this charge.
Medical marijuana laws apply to qualified patients and their caregivers and to patients and caregivers who hold valid state-issued identification cards. “Patients” are those who have received a doctor’s recommendation to use marijuana for its noteworthy health benefits and their caregivers are those who provide their care on a regular basis. Those known as “qualified patients” are those who do not hold I.D. cards – they and their caregivers are supposed to be exempt from California’s personal possession and cultivation laws. Under a separate law, patients and caregivers (those who hold identification cards and those who don’t) are additionally protected from this charge, from transporting marijuana and from certain other laws that refer to unlawful activities in unlawful places. Even though this is the case, they are often arrested and charged due to overzealous police officers and prosecutors. When such is the case, it is extremely important that the accused immediately consults with a skilled criminal defense lawyer who practices this area of the law so that the case can be resolved as quickly as possible.
Possession of marijuana for medical purposes may serve as a defense for any of these individuals, as they do not have the required “intent” to sell marijuana, nor is there any knowledge of an illegal character, since they are legally entitled to possess the drug. So while a patient or caregiver may possess marijuana and all of the paraphernalia that is commonly associated with a “for sale” offense, he or she should be able to beat this charge with the help of a knowledgeable lawyer.
It should be noted that patients and caregivers who are either additionally or exclusively charged with personal possession (which is considered a much less serious offense), are also entitled to use this defense if they have otherwise abided by the laws that regulate marijuana’s medical use.
Unfortunately, many law enforcement officers are skeptical of a medical marijuana defense, which is why they are quick to arrest anyone who has anything to do with this drug. The result is that an attorney must be hired to resolve the situation. When this happens, it is imperative that the accused contacts the unsurpassed criminal attorneys at The Kavinoky Law Firm to get the matter taken care of in an efficient and favorable manner. These attorneys specialize in California drug crime laws and their defenses and are dedicated to protecting the rights of their clients. They have law offices throughout California, enabling them to provide their outstanding services to anyone in need. For the most trusted legal advice and exceptional representation, contact them today for a free consultation.
