Medical Marijuana

Placerville Medical Marijuana Possession Lawyer

Under California law, Proposition 215 allows for the cultivation and possession of marijuana for medical use by patients and their caregivers who have a written recommendation from a physician. Prop 215 did not specify how much marijuana a patient may grow or possess, or for which medical conditions it may be recommended. It also laid out some guidelines which are wide open to interpretation regarding which medical condition for which it may be recommended. Further, federal law has no provision for medical use of marijuana, and holds all cultivation and possession to be illegal.

California law allows a physician to recommend marijuana use by his patient if the persons 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. Criminal defense attorney Erik Schlueter represents users of medical marijuana facing federal or state charges of possession of less than an ounce, possession of more than an ounce, possession with intent to sell, cultivation, and transportation of marijuana.

The gray areas within Prop 215 provide the basis for defense in medical marijuana possession cases. The El Dorado County District Attorneys office has attempted to provide guidelines as to how many marijuana plants a patient or caregiver may grow for personal, medical use. However, since these guidelines are based on the criminality of marijuana under ordinary circumstances, and not on an understanding of medical need in certain cases, they are ineffective. The government should not act as your doctor to tell you how much marijuana you need to treat your ailment.

The state law does provide for "caregivers" to possess or cultivate marijuana. There are rules about what you can and cannot do, and for how to be classified as a caregiver. You should consult an attorney BEFORE becoming a caregiver. The legal issues surrounding medical marijuana possession are unclear and in flux. At our law firm, we are committed to representing and defending our clients' rights under the law, and to seeking clarification as to what those rights are. If you are facing a legal concern related to medical marijuana possession, please contact our law office today for experienced and skillful legal counsel.