California's marijuana laws are
extremely complicated and can be challenging to understand. Back in
1996, Proposition 215 was the first statewide medical marijuana
initiative that passed in the United States. Since then, individuals
with a medical condition were authorized in California to use
marijuana for medical purposes provided they have doctor's
prescription. This law, however, is no guarantee that possessing and
using marijuana – even for medical reasons -- will not result in
drug charges. In fact, under federal law, marijuana use is still
illegal.
To add to the confusion, on July 24,
2012, the Los Angeles City Council voted to ban hundreds of medical
marijuana dispensaries throughout the city. According to a news
report in The Associated Press, this ban could affect over 900
dispensaries. Under the new ban, however, patients and caregivers are
still allowed to grow medical marijuana.
It is important to understand that not
everyone is allowed to grow
medical marijuana in California. In fact, under Health
and Safety Code 11358, it is a felony to cultivate any amount of
marijuana. So marijuana use is illegal under federal law, but legal
for medical purposes under California law. Growing any amount of
medical marijuana is a felony, but cultivating marijuana for personal
use is the only way to get marijuana legally now that dispensaries
have been banned in Los Angeles.
It is easy to understand how some
California residents have no idea that they are breaking the law when
they are arrested for marijuana possession, sale, or cultivation.
Anyone facing marijuana possession or cultivation charges would be
well advised to contact an experienced marijuana defense attorney to
discuss their case.
The knowledgeable Universal
City marijuana crime defense lawyers at Takakjian &
Sitkoff understand the many complex laws surrounding marijuana in
California. If you or a loved one is facing marijuana-related charges
in Los Angeles, please contact us at (866) 430-8383 to discuss your
case at absolutely no cost.
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