Medical Cannabis

Laws surrounding marijuana can get tricky given that each state has it’s own set of laws while the federal government as theirs.

Since the passing of the Compassionate Use Act, qualified patients are allowed to possess or cultivate medical marijuana, patient’s primary caregivers are allowed to possess or cultivate medical marijuana, cooperatives or collectives are allowed to cultivate, distribute or sell medical marijuana as not-for-profit organizations and licensed physicians, osteopaths and surgeons are allowed to recommend marijuana as a medical treatment for certain ailments.

California’s medical marijuana laws can get confusing since it’s constantly changing so it’s best to contact an experienced Sacramento criminal defense attorney who can help you with your specific questions. California’s medical marijuana law was intended to provide people suffering from serious, debilitating or terminal illnesses with relief through the use of medicinal cannabis. Such illnesses are cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, and migraines.

SB420 is a legislative statute that broadens the California Compassionate Use Act to transportation and other offenses in certain circumstances, allows patients to cultivate for medical purposes, allows probationers, parolees and prisoners to apply for permission and sets limits of where marijuana may be smoked.

SB420 establishes a baseline statewide guideline of 6 mature or 12 immature plants, plus ½ pound (8 oz.) processed cannabis per patient. Patients can be exempted from these limits if their physician specifically states that they need more. In addition, individual cities and counties are allowed to enact higher, but now lower, limits than the state standard. These guidelines are not binding limits. Patients who are arrested for exceeding them can still defend themselves in court by arguing that the amount they had was consistent with their personal medical needs. A state appellate court has ruled that the legislature cannot legally limit the amount of marijuana patients may grow or possess since that would violate their rights. That’s why the “limits” are unconstitutional.

Again, because marijuana laws can get confusing, it’s always best to contact an experienced Sacramento criminal defense attorney at Wing & Parisi law offices.

The Medical Marijuana Regulation and Safety Act (MMRSA) created state regulations, but ultimately left control in the hands of local cities and counties.

California has 58 counties and 482 incorporated cities across the state, each with the option to create its own rules or ban marijuana entirely. Before state regulation started, Sacramento allowed non-compliant dispensaries operating within its boundaries to continue their operations and apply for newly created marijuana permits. Sacramento isn’t accepting applications for new dispensaries, but plan to allow large-scale commercial cultivation permits in the near future.

There’s no substitute for a strong Sacramento criminal attorney,
call Wing & Parisi at (916) 441-4888.

Contact us online or call at (916) 441-4888 for a free and confidential initial consultation, available in Spanish. We appear in state and federal courts in the Sacramento and Davis communities as well as throughout Placer and San Joaquin counties.

The Law Office of Wing & Parisi serves clients in the Sacramento and Davis communities as well as throughout Placer County and San Joaquin County. Hablamos espanol.