Are Medical Marijuana Cards a Defense to Criminal Charges in California?

A recent Rolling Stone article continues to point out the current administrations' "War on Pot" is very real and active.

After clearly stating in running for office that he would leave medical marijuana to local authorities to police, President Obama has backtracked and waged a huge war on marijuana. This includes cracking down on medical marijuana regulated by local authorities. This is a colossal waste of federal resources as well as being incredibly foolish public policy.

Even conservative law enforcement friends will generally admit off the record that they could not care less about pot and don't understand why we are still fighting this "war". It has been our experience at VIB Law that marijuana users don't have nearly the problems that regular alcohol usage causes. It is a running joke that we have never had a client state "I got stoned and got in a fight with my girlfriend". Alcohol on the other hand seems often to be in the mix for domestic violence and public fighting situations.

Unfortunately, many clients mistakenly believe that a Medical Marijuana card or a recommendation of usage from a doctor makes all marijuana usage legal. These clients are shocked when they end up being charged with possession for sale of marijuana or transportation of marijuana even when they have a medical marijuana card.

To make matters worse, Health and Safety Code 11359 (Possession of Marijuana for Sale) is a "non -alternative" felony. That means that a person charged with this crime can't have his or her case reduced to a misdemeanor. It also is one of the crimes that you are not eligible for drug diversion or "Prop 36" treatment programming. It is a very serious crime due to its potentially devastating future consequences for your record.

VIB Law supports current efforts to legalize, tax and regulate marijuana usage. In our opinion it should be kept out of kid's hands and away from schools. It should be illegal to drive when impaired. In other words, it should be treated exactly how we treat alcohol in our society. Marijuana has tremendous medical benefits for persons suffering from bi-polar disorder, sleep disorders and chronic pain. It is our opinion that "legal" medications for these health issues are often far more dangerous than marijuana. It is our experience that dispensaries are good neighbors in their community. Only ignorance is keeping this "War on Pot" alive.

Being charged with Possession for Sale of Marijuana or Transportation of Marijuana can have a devastating impact on your life. If you are potentially facing these charges, help safeguard your rights by hiring an experienced Criminal Defense Attorney today.