These include: no prior convictions for controlled substances violations; the offense charged did not involve violence; there is no evidence that narcotics or restricted dangerous drugs were involved; the offender has never had probation or parole revoked; the offender has not completed this deferred entry within 5 years of the time of the charged offense; and the offender has no felony convictions within 5 years of the time of the charged offense.
Probation may be available for marijuana offenses. As a condition of probation for controlled substances violations, offenders must participate in education or treatment if the court determines that it will benefit the offender. Sentences for many violations may not be eligible for probation or suspension if the offender has been previously convicted of a felony offense involving a controlled substance.
Vehicles and other property may be seized for controlled substance violations. Upon conviction for sale, possession with intent to distribute, or cultivation of marijuana, the seized property becomes the property of the state. If law enforcement seizes property which it does not intend to use as evidence and the seizing agency does not refer the case to the Attorney General for forfeiture proceedings within 15 days, the property must be returned.
If the Attorney General intends to pursue a forfeiture proceeding, then a person claiming interest in the property has 30 days from actual notice or publication of notice of the proceedings to respond. Using a minor in the unlawful sale or transport of marijuana is a felony punishable by years imprisonment.
Inducing a minor to use marijuana is also a felony punishable by years imprisonment. A person who participates in the illegal marketing of marijuana is liable for civil damages caused by these actions. It is a misdemeanor to loiter in a public place with the intent to commit certain controlled substances offenses. A controlled substance conviction can result in suspension of driving privileges for up to 3 years if the use of a motor vehicle was used in or incidental to the offense.
For each drug-related conviction that a person years old may receive, their driving privileges are suspended for 1 year, but if the person does not yet have the privilege to drive, suspension will begin at the time the person becomes legally eligible to drive.
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite i. The Danger of Producing Cannabis Extracts. The methods used to produce cannabis extracts involve complicated and precise techniques and often dangerous, volatile solvents, resulting in a risk of physical harm to the manufacturers and to those around them.
A chief burn surgeon at the hospitals stated:. Between and , patients with suspected or confirmed burns from butane fires were admitted to the two hospitals, most of them in the past three years. Since there is real danger involved in manufacturing cannabis extracts, producers have a higher risk of drawing unwanted attention to themselves, especially when things go wrong and accidents lead to investigations by local fire departments and police.
Under California Health and Safety Code section Some studies have shown that medical marijuana can help patients with many ailments such as cancer, glaucoma, eating disorders and migraines. Medical marijuana can be used as a pain management technique for many disorders. Medical marijuana is regulated by the California Department of Health and safety.
Medical marijuana still can only be used for medical purposes. The issue of California marijuana laws has been controversial. Laws can change rapidly because it is still a new concept and not widely accepted. It is important to educate yourself regarding the laws surrounding marijuana and know your rights in order to avoid criminal penalties.
He really took time to understand my case, and find all of the evidence he needed to get me acquitted. I highly recommend him for and criminal defense case! Proposition was passed on November 5, as the Compassionate Use Act. The act allows caregivers and patients to possess and cultivate marijuana without criminal penalties. Proposition was voted in favor by 5,, votes to 4,, votes, passing by a Medical marijuana is regulated under section Ensuring that residents of California can use and obtain marijuana for medical purposes as long as it has been recommended by a doctor.
The doctor must state that the patient would benefit from the use of marijuana. Ensuring that patients and their physicians are not subject to criminal prosecution or sanction given that the use is for medical purposes and recommendation came from a physician.
Encouraging the state and federal governments to work together to provide a plan for safe and affordable distribution to medical marijuana patients. Since the Compassionate Use Act passed in , a legal battle ensued between federal laws and California state laws.
While marijuana for legal use was passed in the state of California, it was still considered an illegal drug by the federal government under the Controlled Substances Act. The federal government still prosecuted marijuana under federal law, conducted raids and used other tactics in order to slow the use and distribution of marijuana in California. Federal law has the ability to trump state laws due to article VI of the Constitution which states that the federal government will prevail in any conflicting legislation.
Under the Bush administration, the federal government actively prosecuted medical marijuana. Federal officials heavily scrutinized marijuana cultivators, dispensary owners and doctors who prescribed marijuana for patients. There have been a number of case studies involved with the legalization of medical marijuana.
With the conflicting federal and state laws, it has led to some gray areas in the legal process. This is why it is important to seek experienced legal advice and hire a criminal defense attorney if you or anyone you know is affected by charges related to medical marijuana in California. Below is some history on some of the notable cases related to medical marijuana. The results of the cases show a progression of the way legal views are changing in regards to federal and state laws.
Gonzales v. Raich — The Supreme Court ruled that the federal government still has the legal right to ban possession and cultivation of marijuana, even in states where medical marijuana is deemed legal. In this case, caregivers attempted to sue the government for interfering with their affairs as medical marijuana caregivers. The government used the Controlled Substances Act as their argument and were awarded the winning ruling in this case. Garden Grove v. Kha — The main focus in Garden Grove v.
Kha was whether the state police could legally confiscate marijuana from medical patients on the basis of federal law. The Superior Court of Orange County ordered law officials to return medical marijuana confiscated from a resident of Garden Grove because it was prescribed by a physician.
The city still refused to return the medical marijuana and appealed the decision. The District Court of Appeal, again ordered the medical marijuana be returned to Kha. Garden Grove attempted to have the case brought before the California Supreme Court with the argument that marijuana possession is illegal under federal law.
The Supreme Court refused to examine the case, making the ruling by the Superior Court final.
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