Los Angeles Medical Marijuana Attorney
In 1996, California became the first state to legalize medical marijuana. Proposition 215 – the Compassionate Use Act – allows those suffering from cancer, anorexia, AIDS, spasticity, glaucoma, arthritis, epilepsy, multiple sclerosis, migraines, or other chronic illnesses to grow or procure marijuana for medical purposes with a doctor’s approval. Other states that have legalized medical cannabis set their own rules for how the marijuana can be cultivated, possessed and used, so don’t expect all states to have the same laws. Even though many states, including California, do allow medicinal marijuana, there is still a conflict between federal and state laws. In fact, marijuana laws are quite complex and there is a major differential between what’s legal and illegal at the state level and the federal level. The federal government does not recognize state laws concerning medical marijuana and considers cultivating, possessing, or using it to be a crime, so it’s important that you have access to an experienced marijuana lawyer if you run into legal troubles.
In 2003, SB 420, the Medical Marijuana Protection Act, established an ID card system for medical marijuana patients. However, according to a recent California ruling (in Littlefield v. County of Humboldt, 2013), the mere existence of a medical marijuana recommendation from a doctor does not automatically shield users from arrest or prosecution for possession of marijuana. If you are facing a cannabis possession charge in southern California, have a skilled Los Angeles medical marijuana attorney handle your case; call the Miranda Rights Law Firm at once. If you use marijuana for medical reasons, Los Angeles criminal defense attorney Douglas Miranda will defend you against a drug possession charge and fight for justice on your behalf.
HELPING PATIENTS AND PROVIDERS
In addition to defending the rights of patients, Douglas Miranda represents those in southern California who are trying legally to provide cannabis to the sufferers of chronic and terminal illnesses. This is an active, confusing, and rapidly-changing field of law in California, so it’s imperative to have the counsel and services of an experienced Los Angeles medical marijuana attorney if you’re charged with any criminal violation for dispensing medicinal marijuana.
MEDICAL MARIJUANA RIGHTS
It is legal to use or grow marijuana in the state of California for medicinal purposes, if they have received a medical cannabis card through a licensed physician. This became law when California passed Proposition 215. If users and growers are compliant with the law, they are supposed to be exempt from arrest and prosecution. However, this is not always the case.
There are loopholes in this law that mean you can still be arrested and face criminal prosecution in California for medicinal marijuana. In People versus Mower, the Supreme Court decision ruled that medical marijuana patients can request a dismissal of charges at their pretrial hearing if they can prove lack of probable cause.
If a patient is found to be innocent, all of their property will be returned, including any confiscated marijuana. If something like this happens to you, retain a lawyer who knows the law in California. You have rights and you should exercise them.
A large number of arrests that lead to criminal prosecution involving medicinal marijuana often involve a traffic stop or noise complaints. The police become involved and if anything relating to marijuana discovered, trouble can follow. While the cannabis itself may be legal for you, there are still strict laws in place that have to be followed.
If you are arrested in California for a drug charges and you possess a medicinal marijuana card, call an experienced lawyer right away and exercise your right to remain silent. This applies to both patients and caregivers. SB 420, also known as the Medical Marijuana Program Act, went into effect January 1, 2004. It has not prevented all harassment of patients by law enforcement but it has allowed for better protection in the courts.
IF YOU OWN A DISPENSARY
The laws and ordinances that govern medical marijuana dispensaries in California are rapidly evolving and changing. Dispensary operators need to receive regular advice from a Los Angeles criminal defense attorney who stays abreast of the ongoing changes in California’s medical cannabis laws. The only way a medical marijuana dispensary can stay in business is by staying compliant. Let a good Los Angeles defense attorney provide the sound legal advice – and if needed, the aggressive legal representation – that you need.
The medical marijuana industry is quite complex. Whether you’ve already launched a dispensary or you’re planning to, a number of laws and ordinances govern and restrict medical marijuana dispensaries. In addition to the advice and counsel of a good criminal defense lawyer, you’ll want and need to establish friendly working relationships with local government and law enforcement. Any violation of city ordinances or state laws could lead to a criminal prosecution. Patients need to know that they are dealing with a licensed, legally-operating dispensary. Meeting with a criminal defense attorney on a regular basis can help you ensure that you’re in compliance with all applicable laws and regulations.
Dispensary owners could face serious legal repercussions if the appropriate certificates, articles of incorporation, and other legal documents are not filed correctly. Bringing relief and help to those who are suffering is a noble endeavor, so make sure that it’s a legal endeavor as well. If you currently operate a dispensary, make sure that you have regular access to good legal advice. If you’re starting a new medical marijuana business, put an attorney on your team from the beginning. If you have any questions or concerns about operating a medical marijuana dispensary, or if you are involved in any dispute regarding medical cannabis in southern California, don’t wait. Contact an experienced Los Angeles criminal defense attorney as quickly as possible.
PRESENTING THE BEST DEFENSE
If you’ve been charged with any pot-related criminal offense in southern California, put an experienced Los Angeles medical marijuana attorney to work for you. After examining your case, Douglas Miranda will explain your legal alternatives and develop the most effective possible defense strategy. At the Miranda Rights Law Firm, we take our responsibility to clients seriously, and we put our experience to work for you. To schedule a free consultation now with an experienced Los Angeles medical marijuana attorney, send an email or call 213-293-1207. Se habla español.