The Compassionate Medical Marijuana Act and You
California was the first state to legalize medical marijuana and is one of only a few states where it is legal today. That does not mean everyone with physician approval goes unchecked, however. Both medical marijuana patients and recreational users may face arrest and criminal penalties—which is why you need to know the law and your rights.
Here’s Milligan, Beswick, Levine & Knox’s guide to medical marijuana in California.
What’s Allowed
To legally use medical marijuana in California, you must have a physician’s recommendation or approval. You should ask for this recommendation in writing. Some law enforcement will not recognize a recommendation that is older than one year, so request a new statement each year at your annual physical.
Once you have this approval, you may legally:
- Smoke marijuana or consume edible or concentrated versions of cannabis
- Possess enough marijuana for personal use
- Grow a small number of plants for your own use, generally 12 small or six mature plants or less (landlords or local laws may prohibit growing)
- Transport marijuana for your own use
What’s Not Allowed
Despite the rights listed above, there are many limits on the marijuana you can possess and what you can do with it. Law enforcement does arrest medical marijuana patients and it is important to play by the rules. Restrictions include:
- You cannot sell marijuana to others for a profit (even selling it at cost may raise suspicion). There is an exception for caregivers, but you must provide much more than just their marijuana supply.
- Never grow large amounts of marijuana unless you are part of a growing cooperative. Even cooperatives face scrutiny from law enforcement, especially with more than 100 plants.
Do not possess or carry large quantities of marijuana. - Never use marijuana while driving or in a moving vehicle, in a school bus, or while operating a boat. Be aware that DUI penalties apply for “stoned driving.”
You cannot use marijuana within 1,000 feet of a school or youth center (except inside a private residence).
Arrest and Legal Complications
Although medical marijuana is legal with physician approval, remember that it is a controlled substance under federal law and illegal in most states. Even in California, where possession of small amounts has been decriminalized, amounts over 1 ounce remain illegal. Law enforcement struggles to enforce marijuana laws and enforcement is often uneven.
If you are arrested for possessing marijuana, even if you have physician approval, you will need to face the charges and attempt to prove that it was for personal medical use. This is not a battle you should fight alone; the outcome can be the difference between having the charges dropped and getting your property returned to you, or spending time in prison.
Milligan, Beswick, Levine & Knox is an experienced criminal defense firm with a long history of successfully defending marijuana users under the Compassionate Medical Cannabis Act. If you are facing marijuana charges, don’t wait—the sooner you have representation, the better. Call for a free consultation today.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.