Medical Marijuana

Santa Rosa Medical Marijuana Defense Lawyer

Understanding the Compassionate Use Act

While many states, including California, haven taken strides to legalize marijuana or create means for those who need it for medicinal purposes to acquire it, there are still areas of the law that lack. Laws regarding medical marijuana have been passed in California legal system time and time again, starting back in 1996. That is when Proposition 215 was passed, which ultimately decriminalized using, possessing, and cultivating medical marijuana under the Compassionate Use Act. Over time, the law expanded to protect qualified individuals from transportation charges as well. This meant that all patients and caregivers who qualified could avoid criminal charges.

However, there has been consistent debate over what exactly should qualify a person for use of medical marijuana. As of now, all that is required is the approval of a physician. Furthermore, there are certain restrictions and laws that can still land a person in trouble with the law. If you have been charged with a marijuana crime despite being a qualified patient or caregiver, you need a Santa Rosa drug crime lawyer who can defend your future.

Schedule a phone consultation with The Law Office of Joe Bisbiglia today!

What is the Medical Marijuana Program Act?

After the Compassionate Use Act came the Medical Marijuana Program Act in 2003. California Legislature passed this act to provide additional immunity for medical marijuana users. Specifically, the act provided protection from prosecution regarding possession for sale, transportation, and other marijuana laws.

Even more importantly, the act indirectly made it legal for storefront dispensaries and delivery services to exist. Under the new act, these associations are granted immunity so long as they operate as a collective or cooperative.

What are my rights under the law?

Under the Medical Marijuana Program Act, qualified patients and caregivers now have safe guidelines on how much marijuana that they can legally possess or cultivate.

The act created the following specifications for primary caregivers and qualified patients:

  • As much as 8 ounces of dried and processed marijuana
  • Up to 8 mature or 12 immature marijuana plants

Not only that, but local governments possess the power to increase these limits as they see fit. For example, Sonoma County permits qualified patients to possess up to three pounds of a processed bud or plant conversion. Furthermore, it allows for a maximum of 30 plants to be cultivated within 100 square feet.

Facing charges for medical marijuana?

While California has put many laws into place that are designed to protect and safeguard the rights of medical marijuana patients and their primary caregivers, law enforcement still targets individuals who use this drug for medicinal purposes. If you are qualified patient with a valid ID card and you have been detained, questioned, or charged with a marijuana crime, you need to retain legal defense right away. As a Santa Rosa medical marijuana defense lawyer, I can step in and advocate for your rights under state laws.

Have questions about medical marijuana and drug charges? Need legal representation? Call my firm today for counsel backed by more than a decade of proven experience.

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