Marijuana Defense Lawyer
Marijuana has been approved for medical use in a number of states. Many states have now followed this trend by decriminalizing the marijuana entirely – though the laws regulating its use, possession, and distribution vary from state to state, and it is still illegal by the federal government. In California, recreational use of marijuana became legal in on January 1, 2018. The legalization is the result of voter passage of Proposition 64 in November 2016. Our mission is simple: fight for your rights under the law, and help protect you against unjustified prosecution. We are prepared to fight tooth and nail to ensure the most favorable outcome in your case.
Marijuana law involving use, transportation and sales is complicated and constantly evolving. The marijuana defense attorneys at Nor Cal Criminal Defense support the lawful use of medicinal marijuana and effectively track the opinions, activities, and views of the courts, law enforcement, and politicians relating to use, cultivation,transportation, and sales of medicinal marijuana.
We provide representation and advice to individuals and those seeking the protection of the Compassionate Use Act under the provisions of California's Proposition 215. In 1996, California Voters approved an initiative providing a legal defense under state law for certain individuals who cultivate and possess medicinal marijuana. Constantly monitoring and applying the latest developments in the law, we successfully represent those who cultivate medicinal marijuana, those who transport it, as well as the cooperatives and pharmacies that provide medicinal marijuana to their patients.
Overview of California’s Marijuana Laws
California Health and Safety Code 11357 (possession of marijuana/cannabis) generally provides that anyone possessing less than 28.5 grams of marijuana can only be fined, and can’t be arrested so long as that person has proper identification. A citation to appear in court, similar to a traffic ticket, must be issued. Possession of a greater amount of marijuana may result in an immediate arrest and a sentence of up to six months in the county jail.
Cultivation, harvesting, or processing marijuana, a felony, is a violation of California's Health and Safety Code 11358 is a felony and can result in a year in county jail or state prison sentence up to three years. Possession for sale of marijuana, also a felony, a violation of California's Health and Safety Code 11359 (possession for sale of marijuana), can result in the same sentence.
California's Health and Safety Code 11360 prohibits the transportation, sale, importation, giving away, or furnishing of marijuana. A violation of this section can result in a prison sentence as lengthy as four years. If the amount of marijuana involved is less than 28.5 grams, the crime is a misdemeanor, with a fine only. A person charged with transportation of less than 28.5 grams marijuana may not be arrested if they possess proper identification.
California Compassionate Use Act of 1996, Proposition 215 provides legal protection for individuals charged with many of the marijuana crimes. With solid representation from Nor Cal Criminal Defense, those who lawfully possess a physician’s recommendation for medicinal marijuana, those who lawfully operate a medicinal marijuana collective, as well as those who cultivate and transport medicinal marijuana, can avoid prosecution and conviction.
Our marijuana defense lawyers represent a variety of individuals seeking advice and legal representation in the area of medicinal marijuana. Since the law’s inception, we have represented those who cultivate, transport, and provide medicinal marijuana to those in need. We also provide legal services to the medical marijuana collectives that provide medicinal marijuana to their patients.
IMPORTANT: Despite the protections afforded through the California Compassionate Use and California’s recognition that there are scientifically proven medicinal benefits to the use of marijuana, the possession, sale, distribution, and transportation of marijuana remains ILLEGAL under federal law.
For more information about California's marijuana laws, or to discuss your case confidentially with an experienced criminal defense attorney, the initial consultation is free and we invite you to call us at (530) 265-0186.