LOS ANGELES MEDICAL MARIJUANA LAWYER
CALIFORNIA MEDICAL MARIJUANA LAW
Jerod Gunsberg, Los Angeles Criminal Defense Attorney
Standing up for your rights as a medical marijuana patient.
Why was I arrested for possessing medical marijuana even though I have a valid medical marijuana recommendation from a doctor?
Unfortunately, if you are caught possessing, transporting or cultivating marijuana, the police can still arrest you even if you have a valid medical marijuana recommendation from your doctor. Under California law, your medical marijuana recommendation allows you to defend yourself against the charges in court. It does not protect you from arrest, nor does it protect you from having charges filed against you. It just means that you need to hire a Los Angeles criminal lawyer to defend you in court.
How Much Medical Marijuana Can a Patient Possess?
In a 2010 case called People v. Kelly, The California Supreme Court overturned laws which regulated the amount of marijuana a medical marijuana patient could legally possess. Qualified patients may now possess as much marijuana as is “reasonably related to the patient’s current medical needs.” This restores the possession guidelines of California’s medical marijuana law to its original form when it was enacted by voters as Proposition 215 in 1996.
In 2003, the legislature modified Proposition 215 by enacting SB 420. SB 420, in part, placed limits on how much marijuana a patient could possess or grow, unless a county allowed a larger quantity or if the patient had a doctor’s note saying that more than the legal limit was needed. In Kelly, the California Supreme Court held the SB 420 possession limits were an unconstitutional amendment to a voter enacted law.
So now, under California’s marijuana laws, if you are a qualified medical marijuana patient who is charged with illegally cultivating or transporting marijuana or possessing marijuana for sale, the prosecution must now prove that the amount you possessed was not “reasonably related” to your medical needs.
It may be very difficult for the prosecutor to prove what is not “reasonably related” to your medical needs. The police are not generally qualified to assess how much marijuana is needed for a specific medical condition nor do they have any training about how to differentiate a quantity of marijuana for medical use and a quantity of marijuana for sales. (See a case called People v. Chakos (2007)158 Cal.App.4th 357). On the other hand, the defense can no longer raise a defense solely on the basis that a patient was “within the statutory limits”of weight or number of plants. The statutory limits are gone and it could give prosecutors a lot more leeway to file cases on people who would not have been charged before Kelly.
The bottom line is this: As a California medical marijuana patient wrongfully charged of possession for sale, transportation or cultivation of marijuana, you may now need to show more than your doctor’s written recommendation. Your defense strategy may require medical and scientific evidence from expert witnesses. Again, this is not something you can do alone in court, you need the help of an experienced Los Angeles criminal defense lawyer who not only understands California’s marijuana laws, but can also take into account the courthouse your case is in, the judge that will be hearing your case, and the policies of the DA’s within that courthouse. Be sure your lawyer has a plan or call the Law Offices of Jerod Gunsberg at (310) 210-0744.
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