Updating a previous post, the new guidelines on medical marijuana laws in California may not be as clear and comprehensive as it necessary.
There are still criminal prosecution risks for what were thought to be legal distributors of marijuana. The questions raised in the editorial, written by California defense Attorney Allison Margolin, include:
1) Use and distribution of Medical Marijuana can still be prosecuted. The legal status afforded to dispensaries (legitimate medical marijuana distributors) as determined by the Attorney General’s guidelines is not binding. This means it is very possible for local district attorneys and prosecutors to ignore the AG’s recommendation. In fact, there is evidence that this has happened and is happening in cases of possession and use of hashish for medical purposes. The attorney general considered hashish as falling under the medical marijuana laws, where many local California district attorneys do not.
2) The definition of a caregiver is legally vague. Primary care physicians as caregivers are entitled to participate in the growing and distribution of marijuana for medical purposes. The law intends for them to be immune from prosecution for cultivating, transporting, possession for purposes of selling, and selling marijuana. But if the legal definition of a medical caregiver is not explicit, it leaves honest practitioners who support marijuana use for medical reasons open to criminal legal problems.
3) The legality of retail storefront dispensaries is vague. Prosecutors can and are shutting down these operations
It would seem there is still plenty of confusion here, and it is certainly likely that these issues will have to be ironed out with additional legislation, or future court decisions.
If you are charged with illegal possession of pot/marijuana in CA, contact us for a free legal consultation on your caes. Our attorneys have experienced fighting these kinds of cases. There is no obligation for our legal advice.