Reputable California cannabis Attorneys Counsel Individuals, Businesses and New Ventures
For Many Years, Advocating for Patients’ Rights to Access Medical Marijuana in Los Angeles
Shevin Law Group is at the forefront of medical marijuana law. As a nationally recognized authority on medical marijuana laws, founder Eric D. Shevin has been representing the marijuana industry for more than 25 years. If you are considering establishing a new collective or dispensary or other business venture or cultivating/manufacturing your own medicine — or find yourself being arrested for marijuana sales, transportation, possession or use — you can trust us to represent you. We keep abreast of local, national and international laws and can provide up-to-date information to clients.
Providing Informative Guidance for Individuals
There are many misconceptions about marijuana laws. Under California law, medical marijuana is still illegal while adults can legally possess up to an ounce of cannabis flower and up to 4 grams of cannabis extract. However, the voter-approved marijuana laws only provide patients with an “affirmative defense,” essentially providing valid patients with immunity from prosecution which only becomes relevant in a criminal proceeding. Federal law still considers marijuana a Schedule I controlled substance, with no medical use allowed. Even if you have authorization from a physician for marijuana, you are still in violation of federal law purusant to 21 USC § 841. Our firm is actively involved in California medical marijuana organizations.
A Growing List of States with New Laws
The number of states that allow marijuana for medical purposes is growing. Currently, 28 states have laws permitting medicinal marijuana:
- District of Columbia
- New Hampshire
- New Jersey
- New Mexico
- Rhode Island
- North Dakota
As laws change, more patients will be able to access marijuana for medicinal purposes. The country will need entrepreneurs who launch businesses. If you are beginning such a business, contact an experienced firm that stays at the forefront of medical marijuana laws.
Qualifying for Marijuana Use
California statutes give qualified patients who have a medical marijuana recommendation the right to access and use marijuana for medical purposes as prescribed by their physician. County-issued medical marijuana ID cards can also be obtained in each county in California, making possession and cultivation of certain amounts of marijuana a non-arrestable offense for patients. State law allows various ailments to be treated with marijuana to benefit patients. These medical conditions include the following in addition to any condition where medical marijuana provides relief:
- Chronic pain
- Persistent muscle spasms
- Severe nausea
- Chronic or persistent medical symptoms that:
- May cause serious harm to the patient’s safety or physical or mental health
- Limit the ability to conduct major life activities as defined in the Americans with Disabilities Act of 1990
If you suffer from an illness or condition that warrants medical marijuana use and you have been arrested for drug-related charges, our experienced team can help.
Cultivating and Distributing Medical Marijuana
Federal law prohibits cultivating, distributing or selling marijuana as a drug. Except for Colorado, Washington, Oregon, California, Maine, Massachusetts, Nevada, and Washington DC, all states' laws forbid sales of marijuana for recreational or other purposes, even if they allow it for medicinal purposes. California is no exception.
One of the most contested issues in California is the fact that police departments and law enforcement organizations, along with District Attorneys' Offices statewide, continue to take the position that any and all group marijuana activity is illegal. This means that law enforcement can and will arrest you, and the District Attorney has the option to prosecute you. Once you are charged, it is up to you to present your defense and establish immunity under the law. We can help you do that. Additionally, if we are involved early enough in the process, we can communicate with law enforcement agents and prosecutors to prevent unnecessary prosecutions from proceeding forward.
Starting a Medical Marijuana Business
Our firm handles all legal aspects of establishing a collective, dispensary or other cannabis business venture, including:
- Business licenses
- Corporate representation
- Business structure and formation
- Compliance counsel
- Financial planning
- Local and state permits
- Real estate matters
- Business disputes
- Operating agreements
- State guidelines
As your plans come to fruition, your needs may change. We offer comprehensive services to meet your evolving legal challenges.
For information and representation, call seasoned medical marijuana attorneys today
Shevin Law Group offers representation for individuals, organizations and businesses regarding medical marijuana. Our office is open weekdays from 9:00 a.m. to 6:00 p.m. and outside regular hours by appointment. To schedule a free initial consultation, call 818.784.2700 or contact us online.