Criminal Defense in Orange County
Arrested Over Medical Marijuana?

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:

  • Cancer
  • Anorexia
  • AIDS / HIV
  • Glaucoma
  • Arthritis
  • Migraines

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.

Simply put, 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 free consultation.


  • Better Business Bureau

Read What People Say About Barney B. Gibbs

  • “I want to take this opportunity to thank you for your help with my case.”
  • “We can still depend on you and I just wanted to let you know how very much it means to us.”

    Former Client

  • “He is an honest and ethical lawyer who cares about the clients he represents.”

    Attorney Endorsement

  • “Barney is dedicated to helping his clients in difficult situations.”

    Attorney Endorsement

  • “I can unequivocally state that Barney Gibbs is one of the finest criminal defense attorneys in the business.”

    Attorney Endorsement

  • “ He is one of the few attorneys to whom I am confident in referring business.”
  • “Thanks for your patience and help.”

    Former Client

  • “Barney Gibbs is a well-liked and knowledgeable attorney we use to teach new lawyers on the practice of DUI law.”

    Law Review CLE

  • “I endorse this lawyer. He is experienced and professional.”

    Attorney Endorsement

  • “We were told you are the best in the business and you are!”

    Former Client

  • “He is one of the few attorneys to whom I am confident in referring business.”

    Attorney Endorsement

  • “Thank you from the bottom of our hearts!”

    Former Client