Under California Proposition 215, also known as the Compassionate Use Act, it is legal to possess marijuana with a valid prescription from a doctor. Many people, however, are charged with drug possession every year, even though they have been prescribed medical marijuana.
At The Law Offices of Michael L. Davidson, our San Jose, San Francisco, Oakland & San Mateo medical marijuana attorneys are experienced at helping clients assert the medical marijuana defense to drug possession charges. We also regularly deal with medical marijuana issues in DUI cases.
Using the Law to Fight Marijuana Possession Charges
Under the medical marijuana law, a valid prescription is a defense against drug possession charges. If you can prove that you had a right to possess marijuana for your own use under the law, you cannot be convicted of simple drug possession in a state court.
Prop 215 is not a defense against drug distribution charges. If you have been charged with possession with intent to sell based on the amount of marijuana in your possession, it may be harder to prove that the full amount was for your personal, medical use.
Defending Clients Against Marijuana-Based DUI Charges
If you have been charged with driving under the influence of drugs ( DUID), medical marijuana is treated like any other prescription drug. The prosecutors have to prove that your use of marijuana impaired your driving, and your doctor may be able to testify in your defense.
Our experienced San Jose, San Francisco, Oakland & San Mateo criminal defense lawyers have closely followed the impact of Proposition 215 on all areas of California criminal law, and we are prepared to use it to defend our clients. To schedule a free consultation, call 866-719-9678 or 650-288-0483 or e-mail us today.
