Medical marijuana, commonly known as medical cannabis, has presented ongoing challenges for law enforcement at both the state and federal levels. A significant issue is that many law enforcement officers don’t fully grasp the nuances of recent developments in California’s laws, including the Compassionate Use Act of 1996, Proposition 215, and the 2003 Senate Bill 420, which is now codified in the California Health and Safety Code, Sections 11362.7 and beyond.
While they may have a general understanding of these regulations, many lack detailed knowledge, leading to unfounded mistrust of individuals and organizations operating under them.
The ongoing federal prohibition against the use and possession of marijuana for any reason adds further complexity to this situation. Additionally, many individuals, including those in law enforcement, are still unwilling to recognize marijuana as a legitimate form of medicine that can provide relief for those dealing with pain, nausea, headaches, and other severe health conditions.
Third, according to many police officers and prosecutors, some of the medical marijuana patients, caregivers, and dispensaries are walking a fine line between what is legal and what is not, essentially hiding behind this newly developed area of the law, and thereby undermining the legitimacy of others who really need marijuana for medicinal purposes.
A short time ago, one of my many medical marijuana clients was arrested for possession and possession for sale of a controlled substance, namely marijuana and hashish. We managed to get his case dismissed, but only after considerable effort and time. It is interesting to note that the District Attorney I dealt with on this case had very little knowledge of medical marijuana laws and was genuinely surprised to learn the specifics.
The story revolves around Bill and his girlfriend, Hillary—let’s refer to them by those names. While they were at a gas station in Simi Valley, a Ventura County Sheriff pulled in and parked beside them. He approached Bill’s car and promptly asked whether Bill had any marijuana in the vehicle.
The smell was unmistakable. Bill said that he did, and also that he was a medical marijuana patient and a caregiver for other patients. Bill showed the officer his prescription and the letters from other patients designating him as their caregiver.
The Sheriff searched Bill’s car and uncovered approximately 2.22 ounces of dried marijuana, 2.72 ounces of hashish oil, and 2.21 ounces of hashish, along with $514.00 in cash. Additionally, he discovered handwritten records containing names, dates, amounts purchased, and outstanding debts, often referred to as pay/owe sheets. As a result of these findings, the Sheriff placed Bill under arrest for felony possession with intent to sell.
Pursuant to SB 420, a medical marijuana patient may have up to 8 oz of dried or concentrated cannabis in their possession at any one point in time. Furthermore, if a medical doctor feels that a particular patient needs more than 8 oz, the doctor may so prescribe.
In Bill’s situation, he was clearly within the law. So, why was the Sheriff so quick to arrest him? To understand this, we need to consider the deep-seated skepticism that many in law enforcement harbor toward medical marijuana and its users.
Several officers believe that the District Attorney’s Office is better positioned to verify whether someone is truly a medical marijuana patient and if they are legally allowed to possess cannabis. On the surface, this approach seems logical; an officer at the scene may not be able to discern if a prescription is genuine or forged. That transfers responsibility to the prosecutor, enabling a more comprehensive investigation later.
However, the downside is that many legitimate medical marijuana patients end up spending time in custody, paying for bail, and hiring attorneys. Their lives are thrown into chaos, and that doesn’t seem right. After all, police don’t arrest individuals for having other prescription medications. So, why should marijuana be treated any differently from other prescribed drugs?
Some might argue that the medical marijuana prescription is not trustworthy because it is easily forged. Isn’t it true, however, that a person can create a fake pharmacy label using a computer just as readily as they can make a fake medical marijuana prescription?
Some may argue that the medical doctor who writes a prescription isn’t conducting a thorough enough examination of the patient. However, doesn’t this line of thinking apply to any doctor who prescribes medication? Should we then consider arresting everyone who holds a drug prescription to verify the validity of each one? Obviously, the answer is no.
The reason police officers seldom question the authenticity of a pharmacy label is that they trust the process: a medical doctor prescribes the medication, and a pharmacy fills the order. They are familiar with seeing those labels on pill bottles, having obtained medicine this way themselves. In contrast, the process for obtaining medical marijuana is still relatively new, untested, and lacking in established trust, leaving many aspects not thoroughly thought out.
California medical marijuana laws are a definite step in the right direction. They need to be refined and expanded, however, before the mechanism for dispensing medical marijuana can compete for legitimacy with the mechanism used to administer other prescription drugs.
Likewise, the medical marijuana community needs to continue to work with Law Enforcement and nonusers to build trust in the legitimacy of the prescriptions and the necessity of the medicine itself.
If you have been arrested for possession, possession for sale, transportation, cultivation, or distribution of medical marijuana, you need to hire a Los Angeles criminal attorney. Please call us for a free consultation.
Over the years, our criminal defense lawyers have successfully represented numerous clients charged with Marijuana possession, Marijuana sales, and Marijuana cultivation as described above. We have observed that the longer one delays hiring a criminal defense lawyer, the more serious the problem may become.
Please feel free to call for an initial FREE CONSULTATION in our office, or in the privacy and convenience of your own home, during which we can explore how best to defend and resolve your case.
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