Medical marijuana is legal in California under the Compassionate Use Act. However, sometimes someone using marijuana under this Act is still prosecuted for possession of an illegal drug, even if those accused are using it in a lawful way.
What Is Lawful Use of Marijuana?
Under the Compassionate Use Act, the use of marijuana must be for a medical purpose.
To qualify for the protections under California’s medical cannabis laws, a person must be either a a primary caregiver or a “qualified patient”. A qualified patient is one whose physician has recommended or approved their of marijuana for medical use. This is often to relieve the pain associated with cancer treatment or severe migraines.
In most cases, this means that a doctor will provide the patient with a written recommendation, which the patient can use as proof of his or her status that entitles them to cultivate, possess, and use cannabis.
Although a patient will have a prescription to use marijuana for his or her medical condition, and often with a medical marijuana use card, authorities sometimes still wrongfully prosecute patients, or their caregivers, for their possession or use of medical marijuana.
If this has happened to you, securing the advice and counsel of an experienced criminal defense attorney can help you fight these marijuana possession charges.
Obtaining the Right Criminal Defense Attorney
David S. Kestenbaum has spent many years helping his clients form solid defenses to drug crimes of which they are not guilty. As well, Mr. Kestenbaum has years of experience under his belt as a former prosecutor. This gives him an advantage over other criminal defense attorneys as he has been on the other side of criminal law, and he knows how to look at the prosecution’s case against a client and see its weaknesses.
Mr. Kestenbaum is dedicated to upholding the rights of each and every one of his clients, no matter what the criminal charge. He has the resources to formulate a defense against a false charge – such as collecting evidence to weaken the prosecution’s case against a client.
If you have been charged with marijuana possession even though you have the right to use it under California’s Compassionate Use Act, Mr. Kestenbaum can help. We welcome your call to our office at (818) 616-4312.