California Medical Marijuana Law Do you need a Criminal Defense Attorney who Understands the California Medical Marijuana Laws? Do you have a valid state recognized prescription for the medical use of marijuana? If so you a may have a defense to criminal charges of possession of marijuana. If you need the assistance of a criminal defense attorney who understands the marijuana laws in order to help resolve your legal problems keep in mind our criminal attorney is knowledgeable and can help you resolve your medical marijuana legal issues so they have minimal impact on your life. You do not deserve to go to jail. If you have a legal problem with medical marijuana, you should contact a criminal defense lawyer in order to adequately protect your interests. As to Medical Marijuana, you should also be aware that the California state law conflicts with the federal law. The conflict of laws can complicate the issue. If you have any further questions please feel free to call a criminal defense attorney in our office for a consultation with an lawyer who can assist you with your marijuana legal issues.

Below please find the statutory law on medical marijuana in California:

Medical Marijuana: Health & Safety Code Section 11362.5

11362.5. (a) This section shall be known and may be cited as the Compassionate Use Act of 1996.

(b) (1) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows:

(A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.

(B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.

(C) To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.

(2) Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for nonmedical purposes.

(c) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.

(d) Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.

(e) For the purposes of this section, "primary caregiver" means the individual designated by the person exempted under this section who has consistently assumed responsibility for the housing, health, or safety of that person.

If you require the assistance of a criminal defense attorney, who understands the California drug laws or if you have been arrested for marijuana cultivation, sales or possession, please feel free to contact a criminal lawyer in our Orange County office for further assistance. We have experience with California criminal drug charges including marijuana possession, marijuana sales, and marijuana cultivation and can help you with a criminal defense if you a have been criminally charged in order to put your life back on track as soon as practically possible.