Medical Marijuana Defense

The Federal Controlled Substances Act establishes the federal regulation of drug enforcement, including the manufacture, distribution, and use of controlled substances (See Section 801a).  Under the Act, marijuana is a highly restricted drug and anyone possessing, cultivating, or distributing it can be federally prosecuted. 

Memo from U.S. Attorney General on Federal Enforcement Policies

In 2009, Attorney General Eric Holder announced relaxed guidelines for prosecuting the use of medical marijuana, establishing a new balance between somewhat conflicting state and federal laws.  Mr. Holder stated that prosecuting patients with serious illnesses who are in compliance with state medical marijuana laws would not be a priority, but that marijuana use was not legalized.  Mr. Holder emphasized that illegal drug traffickers posing as legitimate medical marijuana users would continue to be prosecuted.

California Medical Marijuana Laws

In 1996 Californian's voted Proposition 215 into law, which legalizes the use of marijuana for medical purposes.  This law, codified in California Health and Safety Code section 11362.5  and known as the Compassionate Use Act, gives all seriously ill patients the right to obtain and use marijuana for medical purposes when prescribed by a doctor.  The act ensures that doctors and patients with prescriptions cannot be criminally prosecuted or punished for recommending, prescribing, using, or even cultivating marijuana for medical purposes.  Marijuana use is approved for the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, and just about any other illness as needed and prescribed.

In 2003, the state legislature clarified the scope of the Compassionate Use Act and established additional guidelines under Senate Bill 420, known as the Medical Marijuana Program Act and codified in Health and Safety Code sections 11362.7 through 11362.83.  The bill created a voluntary identification card program for qualified patients in order to aid law enforcement in confirming the validity of a patient's medical marijuana use. 

Collectives, Cooperatives, Dispensaries & "Cannabis Clubs"

Under Health and Safety Code section 11362.775, qualified patients, persons with valid ID cards, and primary caregivers may associate within California to collectively or cooperatively cultivate medical marijuana without facing criminal penalties.  Doctors and those employed with the cooperative are protected in dispensing marijuana as prescribed.

Major California Attorney General Opinions

The Attorney General of California has continued to clarify California's marijuana use laws.  The Attorney General's current opinions include the following determinations:

• Concentrated marijuana and hashish are included within the Compassionate Use Act.
• The statewide registry and identification card program preempts a city's program, but a city may establish other rules as long as those rules are not conflicting.
• A plot of land with a residence that is a place of marijuana cultivation is not subject to normal forfeiture laws if there is no evidence that the marijuana is being sold for illegal purposes.

To see the latest Attorney General opinions, go to the Office of the Attorney General webpage and search "marijuana."

Additional Resources

• U.S. Department of Justice, Office of the Attorney General: http://www.justice.gov/ag/
• U.S. Drug Enforcement Administration: http://www.justice.gov/dea/ongoing/calimarijuana.html
• California Office of the Attorney General: http://ag.ca.gov/index.php
• Guidelines for the Security and Non-Diversion of Marijuana Grown for Medicinal Use:
  http://ag.ca.gov/cms_attachments/press/pdfs/n1601_medicalmarijuanaguidelines.pdf

Contact Experienced Defense Attorneys

Because of differing state and federal laws, marijuana enforcement policies can be complicated.  If you are a qualified medical marijuana user, caregiver, or collective and are facing unwarranted criminal charges, contact Bryant Street Law Offices today for dedicated legal representation.