California has approved the medical use of marijuana, but still tightly regulates the industry. If a patient or dispensary does not strictly comply with the regulations, they may face criminal drug charges. Depending on the circumstances, those could include possession or distribution.
To comply with the law, a patient must have a medical need and a doctor’s approval. A dispensary may only sell to medical patients and may not provide more than an amount that is reasonably related to a patient’s needs. Dispensaries must also operate on a non-profit basis.
Although medical marijuana is legal, patients and dispensaries face strict scrutiny from law enforcement. With laws based on reasonableness instead of black and white standards, unjust arrests are common. If you’re accused of a crime related to medical marijuana, you have the same presumption of innocence as with any other charge. The state has the burden of proving that you didn’t really have a medical need or were carrying an unreasonable quantity. Otherwise, the charges must be dropped.
To get help with criminal charges related to your medical use of marijuana in Shasta, Trinity, Tehama, Siskiyou, or Butte Counties, contact Ryan Birss today.