Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

Cannabis Law: Advisors

When you are venturing into the realm of cannabis business, it is critical to remember that cannabis regulations are a world of blurred lines with ever-changing rules and stiff penalties for violations. Let our experts mind the law so you can focus on your passion for the plant.

Advocating For Rights

There are many misconceptions about cannabis law. Under California law, cannabis is still generally illegal other than in limited circumstances. However, the voter-approved cannabis laws provide patients with an “affirmative defense,” essentially providing valid patients with immunity from prosecution while adults may legally possess and cultivate limited amounts for personal adult use. Federal law still considers marijuana a Schedule I controlled substance, with no medical use allowed.

Respected Insight And Experience

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 marijuana activity is illegal and deserving of criminal prosecution. With the recent passage of Prop. 64, most marijuana offenses are now misdemeanors regardless of the quantity possessed or cultivated. Police officers have tremendous discretion when investigating cannabis activity and more often than not, individuals are not arrested but rather given citations to appear in court for possible misdemeanor charges.

This means that law enforcement can 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, we can communicate with law enforcement agents and prosecutors to prevent unnecessary prosecutions.

Providing Informative Guidance For Individuals

There are many misconceptions about cannabis laws. Under California law, adults can legally possess up to an ounce of cannabis flower and up to eight grams of cannabis concentrate/extract.

Medical patients in possession of a valid medical recommendation or State-issued Medical Marijuana ID card may possess up to eight ounces of cannabis but this only provides 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 cannabis, you are still in violation of federal law pursuant to 21 USC § 841.

Our firm is actively involved in advocating for changes to Federal policy and actively support California and National cannabis organizations.

Cultivating And Distributing Cannabis

Federal law prohibits cultivating, distributing or selling cannabis regardless of the amount or circumstance. 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 the vast majority of all cannabis conduct is illegal until the individual proves it is not.

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.

If you have further questions, visit our FAQ page or speak with one of our cannabis law attorneys.

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