Although the Controlled Substances Act (which is federal law) still states that all marijuana use illegal, several states, including California, have enacted laws that permit its use for medicinal purposes. This issue is still widely controversial, however, as many don’t believe that smoking marijuana has any legitimate medicinal value, arguing that legalizing marijuana for medical use is simply a smokescreen which will allow for easier access to a dangerous substance. These opposing groups maintain that Marinol – a pill containing THC (the primary active ingredient in marijuana) – is the best way to get a safe and legal dose of the ingredient that is reportedly helpful to those experiencing medical problems.
Regardless of how it is publicly viewed, the fact is that medical marijuana is legal in this state. However, the burden of proving that marijuana was used, grown or distributed strictly for medicinal purposes often lies in the hands of the accused, which is why it is so important that an individual accused of participating in one of these activities contacts a California drug crime defense attorney from The Kavinoky Law Firm who knows how to effectively and successfully convey this legitimate defense.
Cannabis sativa has been used therapeutically from the earliest records, nearly 5,000 years ago to the present day and its products have been widely noted for their effects, both physiological and psychological, throughout the world. It is noted for its ability to relieve the nausea and vomiting associated with chemotherapy for cancer patients, to assist with loss of appetite with AIDS patients and to help those who have certain eye conditions. These health benefits explain why several states have enacted legislation that permits marijuana use under very specific conditions.
It should first be noted that federal laws and rulings continue to hold that all marijuana use – marijuana cultivation, distribution and consumption – is illegal and won’t be tolerated. The Supreme Court has determined that marijuana must remain a schedule 1 drug under the Controlled Substances Act, which means that they recognize no medical value for the drug. Unless that changes, any activity related to marijuana use will continue to be a federal crime.
However, California, in addition to many other states, has enacted its own legislation that permits medical marijuana use under specific conditions. In 1996, California passed Proposition 215 (also known as the Compassionate Use Act), which has been codified in California’s Health and Safety Code as section 11362.5. This section allows seriously ill Californians to use marijuana, provided they first obtain a doctor’s recommendation.
Recognizing that Proposition 215 didn’t protect users from arrest (it only gave them a defense to use in court), the legislature enacted Senate Bill 420, codified in California’s Health and Safety Code, sections 11362.7 and 11362.8. The Bill was designed to establish a voluntary, confidential patient registry, administered by the Department of Health Services. This California law regulates medical marijuana use by patients and caregivers, city and countywide, providing strict guidelines that such individuals must follow in order to avoid prosecution under this marijuana use exception.
Although these laws now exist in California, designed to decriminalize medical marijuana use, cultivation and distribution, there are still problems within the system, making it absolutely necessary for an individual accused of one of these activities to hire an attorney who knows how to effectively convey this legitimate defense to a judge and jury. The skilled criminal attorneys at The Kavinoky Law Firm specialize in California drug crime defense and have mastered the laws that apply to medicinal marijuana use. They keep on top of the latest rulings and defenses that are relevant to this specific area of the law in an effort to provide their clients with the most comprehensive defenses available. With law offices throughout California, including several in Los Angeles, they are conveniently located for anyone in need of an exceptional criminal defense lawyer. For unsurpassed legal advice from a firm dedicated to helping those charged with drug offenses, contact The Kavinoky Law Firm today for a free consultation.
