Marijuana Possession Defense Lawyer, Medical Use
The Compassionate Use Act of 1996 (Health & Saf. Code, § 11362.5)
(marijuana for medical purposes), was enacted to prevent the criminal
ailments. The California Statute provides:
Health and Safety Code § 11362.5. Use of marijuana for medical purposes
(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
Adopted by the voters, Prop. 215 § 1, effective November 6, 1996.
Defenses exist to fight unlawful criminal charges involving marijuana. One
particular area of litigation is that for DUI involving marijuana, our law firm
has a high success rate in dismissing DWI charges where cannabis is detected.
If you or someone you know was arrested in the Burbank, Pasadena Drug
Lawyer, Glendale or greater Los Angeles County, contact our Burbank
Criminal Defense Attorney today for a free case evaluation. The medical use
of pot is a defense to many crimes. Speak to a Burbank criminal attorney
who knows the laws on the topic.
Driving Under the Influence of Marijuana Defense Attorney
BURBANK CRIMINAL DEFENSE
2600 West Olive Avenue
Burbank California 91505
Toll Free 1-877-617-4485
Toll Free at 1-877-617-4485