Being Wrongfully Arrested or Fined for Possessing Medical Marijuana
In 1996, California became the first state to allow individuals with certain medical conditions to obtain or grow marijuana for medicinal purposes. There have been many changes in laws and regulations since then. However, there are still some inconsistencies between cities and this can lead to wrongful convictions against individuals who possess medical marijuana.
California Medical Marijuana Laws
In California, it is legal for adults over the age of 21 to purchase and use marijuana. Of course, there are still certain regulations. Smoking marijuana is prohibited in public places, anywhere tobacco smoking is prohibited, in front of schools or other establishments where children are present, and while driving a vehicle or riding in the passenger seat. Adults are allowed to possess, purchase, etc. up to one ounce of marijuana. However, if you have been prescribed marijuana for medical reasons, you are able to possess more than one ounce. You are also able to cultivate your own marijuana in higher quantities. A prescription for medical marijuana also allows individuals under 21 to purchase marijuana. If you receive a medical marijuana ID card, you can be exempt from taxes on marijuana when you purchase it. Doctors also cannot be punished for prescribing marijuana to their patients.
Reasons for False Arrests or Fines
False arrests and fines often happen due to inconsistencies between cities and counties as well as because of law enforcement officers’ lack of experience with medical marijuana. Most law enforcement officers are well versed in the laws/regulations surrounding marijuana, but they may not be as familiar with medical marijuana. Since there are differences in the laws surrounding medical marijuana, many people are falsely arrested or fined.
If you have been wrongfully arrested or fined for possessing medical marijuana, your best option is to hire an experienced attorney to help you defend your case. For cases such as this, your main objective is to prove you have a medical need for marijuana. Often this can be achieved through a prescription from your doctor. You can also defend yourself by providing clear evidence that you need marijuana for your medical condition.
While marijuana is legalized in California, there are several exemptions and limitations. These can be very different for medical marijuana and these differences can lead to confusion. If you’ve been wrongfully arrested or fined for possessing medical marijuana, then you need an experienced attorney on your side.
Contact Bradley Corbett to defend your medical marijuana case.
Bradley Corbett is a criminal defense attorney in San Diego. He graduated from Brigham Young University in Provo Utah in 2004. Later he enrolled at Thomas Jefferson School of Law in San Diego where he participated in a prestigious internship program with the Los Angeles County Public Defender. Since then he has handled over 2,000 cases.