Recent Posts in Drug Crimes Category

I have represented clients charged with posession for sale, cultivation and transportation of marijuana throughout my career, and there are a lot of new laws governing the possession of marijuana in both Los Angeles and Ventura counties.

We advise many who are seeking the protection of the Compassionate Use Act under California's Proposition 215, which is a law that makes it legal for patients and their designated primary caregivers to possess and cultivate marijuana for the patients' personal medical use, given the recommendation or approval of a California-licensed physician.

Federal and State laws differ on the legal nature of marijuana, and so this leaves a lot of confusion with the general public. Here's the text of Proposition 215 for your reference:

Compassionate Use Act of 1996

Health and Safety Code Section 11362.5

  Sec. (1) a-b 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 the 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 Act 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 rights 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 the 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 act who has consistently assumed responsibility for the housing, health, or safety of that person.
      Sec. 2. If any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the measure which can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable.

Here are some recent articles that were published in the Ventura County Star regarding both Camarillo and Fillmore's ban of Marijuana Dispensaries in the area:

http://www.vcstar.com/news/2010/mar/25/camarillo-passes-new-ban-on-marijuana/

http://www.vcstar.com/news/2010/apr/14/fillmore-adopts-45-day-moratorium-on-pot/