California is at the heart of the medical marijuana legalization battle. At present time, the federal government considers marijuana use and possession illegal. However, California voters some years ago passed proposition 215, otherwise known as the “Compassionate Use Act.” This law gives individuals, who receive a recommendation to use medical marijuana by their doctor, the ability to use marijuana for treatment of their medical symptoms.
What are the parameters of the Compassionate Use Act? Does the Compassionate Use Act give a person who possesses marijuana immunity from prosecution, or does it simply provide them with a legal defense to their possession which must be raised in court by their criminal defense lawyer? What are the rights of a caregiver? To what level of protection is a caregiver provided under the law? What are the rights of medical marijuana dispensary owners and vendors? What are the rights of the medical marijuana growers? These, and many other issues, have caused confusion in, and among the California Courts.
The police and law enforcement agencies are not big fans of proposition 215, and its resulting codification in the California Health and Safety Code. They believe the law’s contours are very ambiguous, and create a breeding ground for abuse and misuse by savvy individuals. As a result, the police often employ an “arrest now, sort out any medical marijuana defenses later” approach.
Attorney James E. Silverstein is well aware of the confusion surrounding the legality of possession and distribution of marijuana for medical purposes. James E. Silverstein realizes the profound impact this controversy has on the lives of many of his clients, and he therefore aggressively pursues every update on the medical marijuana law controversy published. James E. Silverstein has read and carefully analyzed the Attorney General’s Opinion on the contours of Proposition 215 released towards the end of summer in 2008.
James E. Silverstein is innovative, tenacious, and he will do everything in his power to keep you out of jail and have the marijuana crime charges against you dismissed or reduced.