Medical Marijuana in Orange County, CA
Arrested for possession of marijuana?
Marijuana possession for medical uses is not illegal in the state of California.
At The Law Office of Barney B. Gibbs, our Anaheim drug lawyer knows that
with a legitimate prescription adhering to the medical marijuana guidelines,
you cannot be arrested or charged with a
drug crime. Unfortunately, many people are. California's Proposition 215 in 1996
is also known as the Compassionate Use Act. When this legislation was
passed, it became legal for certain individuals to possess certain amounts
or cannabis for medical purposes.
According to Section 11362.5 of the Health and Safety Code, seriously ill
Californians have the right to seek a legitimate prescription for medical
marijuana if it deemed appropriate by a physician. In fact, this legislation
was enacted to ensure that those who either prescribe or use
marijuana for medicinal purposes are not subject to criminal prosecution or sanction
in the state.
Some of the ailments that can be treated or managed by marijuana include:
- AIDS / HIV
According to California's medical marijuana laws, one person cannot
possess more than six mature or twelve immature marijuana plants at one
time. If the individual possesses dried marijuana rather than plants,
the maximum amount at any one time must be eight ounces or less.
Cannabis Prescription Fraud
Section 11362.5 of the Health and Safety Code also states that a physician
in the state of California cannot be punished or denied any rights or
privileges for having recommended the use of marijuana to a legitimately
ill patient. However, recommending the use marijuana to a patient for
purposes other than medical treatment is still illegal and can result
in criminal punishment.
it is illegal to write a prescription to anyone who does not need it, and it is only lawful for an individual's primary caregiver to prescribe
medical marijuana. If you have been arrested for prescription fraud under
these circumstances, it is highly recommended that you seek counsel from
an experienced drug crime attorney in Orange County immediately.
Penalties for the Unlawful Possession of Cannabis
If you were arrested for possession of marijuana without a valid prescription
from a primary caregiver, then you could be facing a Schedule I drug offense.
In California, it is now only an infraction to be found in
possession of cannabis. If law enforcement searches you or your property and finds
a significant amount of marijuana, or other evidence of sale, then you
could be facing a felony drug offense. Remember, you are innocent until
proven guilty. Our Anaheim drug crime lawyer at The Law Office of Barney
B. Gibbs can provide a strong defense against drug crime charges such
as this, so call today!
Please do not hesitate to
call our office today to set up a