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Despite its legalization for medicinal purposes, many people are still arrested and charged with marijuana-related offenses. If you’re facing a marijuana charge, a San Diego medical cannabis lawyer can help you understand your rights. Call attorney Jessica McElfresh today at (858) 756-7107 for a free consultation.
Free consultation for criminal defense cases only. Cannabis business consultation requires a fee.
The potential medicinal uses of cannabis have been the focal point of national debate for a couple of decades. There is research to support the idea that marijuana can help alleviate physical symptoms such as pain, nausea, vomiting, and loss of appetite related to certain medical conditions, including some chronic and terminal illnesses. Marijuana also may act to relax patients with chronic and terminal illnesses and relieve anxiety and other psychological effects of illness.
Proponents of medical marijuana have argued that the use of marijuana can improve the quality of life for people suffering from chronic and terminal illnesses, and more and more states have adopted laws allowing the use of marijuana for patients who meet certain criteria. In 1996, California was the first state in the United States to adopt a law permitting marijuana use as a medical treatment. Currently, 24 other states and the District of Columbia have a comprehensive medical marijuana program, according to the National Conference of State Legislatures.
California’s Compassionate Use Act, adopted by voters back in 1996 as Proposition 215, allows patients and people designated as medical marijuana patients’ primary caregivers to possess and cultivate the drug for personal medical use. Later expansions of the law also allow for patients to come together to grow medical marijuana in collectives or cooperatives.
In California, you may be eligible to use medical marijuana if you have been diagnosed with:
The law is supposed to protect California medical marijuana patients and their caregivers from arrest when they follow state guidelines, but it doesn’t always work that way in practice. Officials sometimes focus on the fact that it is still illegal to possess, grow, transport, and sell marijuana for recreational purposes in California. Medical marijuana patients or their caregivers often find themselves in court facing marijuana charges.
Common charges faced by medical marijuana patients include:
However, an experienced San Diego medical marijuana attorney can mount a successful defense to these types of charges when you demonstrate that you were involved in legitimate use of marijuana for medical purposes, or were the caregiver for a medical marijuana patient.
When you find yourself facing charges related to your use, cultivation, transportation, or dispensing of marijuana for medical purposes, it’s important to have an attorney by your side who not only is experienced in handling medical marijuana cases, but who is compassionate to the needs of medical marijuana patients. You want someone you can trust — who will listen to your story, understand your experience, and be a strong advocate for you in court.
We understand that as a patient or a caregiver, you have a lot on your shoulders just managing your illness or the illness of another person. When you’re charged with a crime, that can lead to significant stress and anxiety, which in turn can make pain or other physical symptoms worse — all when you were complying or trying to comply with the law.
When you come to us for help with a medical marijuana charge, we’ll provide you with individual attention and work fiercely on your behalf to get you the best possible outcome in the unique circumstances of your case. Having an experienced San Diego medical marijuana attorney on your side can alleviate your stress and ensure the best possible outcome.
California’s laws regarding medical marijuana can be complex and confusing. Some protections are written into statutes, but others come through interpretations by California courts. Some laws are made at the local level and can vary by city or county.
It can be challenging for a patient or caregiver to understand all of the details of the law, what’s permitted, and what can result in criminal charges. We offer information on some key issues related to medical marijuana designed to help you understand your rights and how to comply with the law.
A valid physician’s recommendation is the minimum requirement to be considered a qualified patient under the Compassionate Use Act. The state-issued Medical Marijuana Identification Card (MMIC) is part of a voluntary program. While not mandatory, having a card can provide stronger protection and may help prevent an arrest in the first place, as it is easier for law enforcement to verify. However, even with just a recommendation, you still have the right to present a medical defense in court. An attorney can help you assert this defense effectively, with or without a state card.
This is a complex question. Under Proposition 215, qualified patients and their primary caregivers may possess or cultivate an amount of marijuana that is “reasonably related to the patient’s current medical needs.” This is a vague standard that can be interpreted differently by police and prosecutors. While state law sets a baseline (e.g., eight ounces of dried flower and six mature or 12 immature plants), your specific medical needs may justify a larger amount. However, you must be prepared to prove that the amount is consistent with your medical condition.
You are not obligated to speak with the police or consent to a search of your property without a warrant. You have the right to remain silent and the right to an attorney. Politely state that you do not wish to answer any questions and that you will not consent to a search. Then, immediately call a criminal defense attorney. Anything you say can be used against you, even if you believe you are operating within the law.
California was the first state to pass legislation allowing medical marijuana; however, people still face charges related to the possession, use, cultivation, transport, and selling of marijuana. San Diego medical marijuana lawyer Jessica McElfresh has the experience and knowledge necessary to defend you against such charges. She is familiar with the California court system and marijuana-related charges. She can help you navigate the legal system and obtain the best possible outcome in your case.
Call her today at (858) 756-7107 to find out how she can help you.
This website is intended for informational purposes only. Use of this website does not create an attorney-client relationship. Free consultation for criminal defense cases only. Cannabis business consultation requires a fee.
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