Medical Marijuana Defense Attorney in Santa Monica
About Medical Marijuana
The Compassionate Use Act of 1996 makes it legal in the State of California to cultivate and possess marijuana when it is approved for medical use by a licensed physician. If you have a government issued identification card, you cannot be arrested or sanctioned by police in our state for having marijuana on your person or for growing it on your property. It is also legal to sell medical marijuana at a licensed dispensary, provided that it is a non-profit activity. Even with this legislation in place, many innocent people are still arrested and subjected to prosecution for a drug crime. If you find yourself in this position, a Santa Monica criminal defense attorney can advise you of your rights and represent your case in court.
The penalties for possession of marijuana depend on the quantity. If you are found with more than 28.5 grams you can be punished with a misdemeanor, fined $500 and sent to jail for up to 6 months. Cultivation is a felony charge, punishable by up to 3 years in state prison, while distribution or sale of marijuana could send you to prison for 4 years. For any marijuana conviction, you will also have a criminal record for years to come. Your attorney can fight to prove that you were legally qualified to possess or cultivate marijuana for medical purposes, such as the treatment of cancer, anorexia, AIDS, chronic pain, glaucoma, arthritis or migraine headaches. If you operate a dispensary, you may have to produce financial statements and account information to establish the non-profit nature of the operation.