Marijuana Law California

Get the Straight Dope!

Marijuana, Drugs, and Drug Trafficking Attorney:
We have been involved in the medical marijuana movement since 2001. As civil legal counsel for the largest medical marijuana dispensary in California, the largest edibles manufacturer, and medical cannabis clinics, we have fine tuned knowledge of each statute, each case, and each local ordinance relating to medical marijuana. We have been part of working groups responsible for drafting ordinances and instrumental in assuring safe access to patients in Oakland, San Francisco, San Leandro, Unincorporated Areas of Alameda County, Bakersfield, Los Angeles, West Hollywood, Ukiah, Modesto, Mendocino and wherever there are dispensaries in the State of California.

Since the Supreme Court decision in Gonzales v. Raich (2005) 545 U.S. 1, the federal government has been exercising its power through the Drug Enforcement Agency to shut down dispensaries, and prosecute dispensary operators, employees, and patients under the supremacy clause that allows federal anti-drug laws to trump California and other states reformed marijuana laws. Medical Marijuana advocates have been pushing for States Rights to prevail over federal anti-drug laws. That fight continues today. With more dispensaries than ever and a nations worth of patients whom, by their doctor, have been recommended the use of cannabis as an agent for healing, the day for States Rights to prevail seems to be fast on the way. If you are a patient and have been arrested or charged with possession, transporting, dealing, or other related charges, contact our office so we can start on your defense right away. Our goal is to take every case to trial and to not bleed the wallets of medical marijuana patients. For better representation, affordable fees, and attorneys who will advocate for your rights and not hesitate to take your case to trial, call us today: (415) 357-3681 or toll free (877) 366-7677.

If you are arrested for possession or other drug related charges in Texas or another state on trafficking charges, don't delay in getting legal counsel who can help you overcome the charges against you and the harsh sentencing guidelines promulgated by our federal government. Call anywhere in the nation: (877)366-7677.

SB 420
On October 12, 2003, SB 420 was signed by then Governor Gray Davis and became law. Proposition 215 could not be amended; however, it needed clarification. SB 420 in keeping with the intent of Proposition 215 and the will of the people -the protection of patients rights- deals with more specific details that were left out of Proposition 215. While SB 420 was cutting edge it was also controversial, rightfully so. Limits were placed on patients rights to possess their medicine. On May 22, 2008, the Court of Appeal of California, Second Appellate District, Third Division, held in People v. Kelly, In re Patrick K. Kelly on Habeas Corpus, that limits on patients possessory rights to their medicine as was promolgated by SB 420 was unconstitutional pursuant to California Constitution, article VI, section 21. Embedded in Proposition 215/The Compassionate Use Act was a limited ability to amend the provisions of the Act and only by voter approval. Thus the provisions that were later codified following SB 420 into California Health and Safety Code Section 11362.5 et. seq, were determined to be unconstitutional. The Kelly case was remanded back to the lower court.

Health and Safety Code Section 11362.5