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Rancho Cucamonga Medical Marijuana Defense Attorneys

At Criminal Defense Partners, our Southern California marijuana defense lawyers defend clients who have been charged with drug violations, including those who have been arrested for the use of medical marijuana. If you have been charged with a crime involving medicinal marijuana in California, it is imperative that you hire an experienced and skilled attorney from Neil B. Shouse & Associates. Our medical marijuana defense lawyers have the legal knowledge to defend clients facing the most serious drug related charges. Contact our firm today for a free consultation regarding your case.

All across the United States marijuana laws are changing, especially those regarding medical marijuana. In 1996 voters throughout California passed Proposition 215, known as the Compassionate Use Act, which legalized marijuana to those who used it for medicinal purposes to treat serious illnesses. The Proposition allows primary caregivers and certain patients who are very ill to possess marijuana. The law states that the patient must have obtained their physician’s recommendation prior to using the marijuana.

There are many medical conditions for which marijuana may be approved for use, such as:

• AIDS
• Arthritis
• Cancer
• Migraines
• Nausea
• Seizures

Although Proposition 215 allows certain people the ability to use marijuana for medical purposes, it is in violation of the Controlled Substances Act of 1970, a Federal law, to use the drug. As a result of these laws contradicting one another, many individuals have been arrested for the use and possession of marijuana for medical purposes, resulting in many court cases in California.

"State Bill 420 Section 1 (a) The Legislature finds and declares all of the following:

(1) On November 6, 1996, the people of the State of California enacted the Compassionate Use Act of 1996 (hereafter the act), codified in Section 11362.5 of the Health and Safety Code, in order to allow seriously ill residents of the state, who have the oral or written approval or recommendation of a physician, to use marijuana for medical purposes without fear of criminal liability under Sections 11357 and 11358 of the Health and Safety Code.

(2) However, reports from across the state have revealed problems and uncertainties in the act that have impeded the ability of law enforcement officers to enforce its provisions as the voters intended and, therefore, have prevented qualified patients and designated primary caregivers from obtaining the protections afforded by the act.

(3) Furthermore, the enactment of this law, as well as other recent legislation dealing with pain control, demonstrates that more information is needed to assess the number of individuals across the state who are suffering from serious medical conditions that are not being adequately alleviated through the use of conventional medications.

(4) In addition, the act called upon the state and the federal government to develop a plan for the safe and affordable distribution of marijuana to all patients in medical need thereof.

(b) It is the intent of the Legislature, therefore, to do all of the following:

(1) Clarify the scope of the application of the act and facilitate the prompt identification of qualified patients and their designated primary caregivers in order to avoid unnecessary arrest and prosecution of these individuals and provide needed guidance to law enforcement officers.

(2) Promote uniform and consistent application of the act among the counties within the state.

(3) Enhance the access of patients and caregivers to medical marijuana through collective, cooperative cultivation projects.

(c) It is also the intent of the Legislature to address additional issues that were not included within the act, and that must be resolved in order to promote the fair and orderly implementation of the act.

(d) The Legislature further finds and declares both of the following:

(1) A state identification card program will further the goals outlined in this section.

(2) With respect to individuals, the identification system established pursuant to this act must be wholly voluntary, and a patient entitled to the protections of Section 11362.5 of the Health and Safety Code need not possess an identification card in order to claim the protections afforded by that section.

(e) The Legislature further finds and declares that it enacts this act pursuant to the powers reserved to the State of California and its people under the Tenth Amendment to the United States Constitution."

In addition to California, nine other states have also legalized medical marijuana, many of which used the initiative process.

If you or a loved one is facing medical marijuana related charges, contact Criminal Defense Partners to set up a free consultation. We will inform you of your legal rights, explain the legal process to you, and discuss your case and possible defenses. If we take your case, we will fight aggressively to protect you and your record.

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888-327-4652