San Francisco Cultivating, Selling And Possessing Marijuana Lawyers
In 1996, California enacted Proposition 215 (the Compassionate Use Act), which legalized the possession and cultivation of marijuana for many individuals1. Since then, almost all levels of authority in California -- from the California Legislature to local City Councils and Boards of Supervisors -- have enacted ordinances and rules purporting to regulate cannabis clubs and dispensaries, as well as cultivation and possession by individuals. Many of these regulations are inconsistent with Prop 215, and there has been extensive litigation on behalf of individuals exercising their rights under Prop 215. Moreover, the protection against prosecution in California under Prop 215 can be undermined by federal prosecution.
Among the significant decisions, California courts have held:
- - A police officer, who had little knowledge or experience with distinguishing lawful and unlawful possession of marijuana, will not qualify as an expert prosecution witness to testify that the marijuana found in the defendant’s car and home was possessed for sale (People v. Chakos);
- - An individual can be a primary caregiver for another person who can lawfully use marijuana under the Act, and thus can legally grow or hold marijuana for that person (People v. Mentch);
- - A recommendation for medical marijuana, even if obtained several years prior to arrest, may still form the basis of a defense to a charge of illegal possession (People v. Windus);
- - A primary caregiver must do more than provide marijuana to a qualified patient (People v. Mower); and
- - Local limitations, and even state statutes, on the amount of marijuana that may be grown or possessed must give way to Prop 215 (People v. Wright).
Despite the common belief that marijuana has been de-criminalized, many individuals continue to be arrested and prosecuted in state and federal court with crimes related to marijuana, including possession for sale, cultivation, sale and transportation. A conviction of any of these crimes can lead to a loss of federal benefits, including student loans, housing assistance and food stamps.
Experienced criminal defense counsel is necessary to help individuals prosecuted for marijuana crimes, or who fear they may be prosecuted, understand the law and assert their rights under the law. For decades, the attorneys at Sugarman & Cannon have represented individuals charged with crimes involving marijuana. We are very familiar with the protections afforded our clients under Prop 215 and the Fourth Amendment and have successfully filed many motions to suppress evidence. We have, and are now, representing clients charged with large-scale cultivation of marijuana in state and federal court, as well as with possessing marijuana for sale and selling and/or transporting marijuana. For example, we have represented:
- - Clients charged with large-scale cultivation of marijuana, where our clients were placed on probation and/or admitted only misdemeanor offenses;
- - Client charged with transportation of large quantity of marijuana had all charges dismissed when we prevailed on a motion to suppress evidence based on an illegal search of his car;
- - Clients charged with possession of marijuana for sale convicted of only of simple of possession; and
- - Individuals and dispensaries charged with tax offenses based upon profits from marijuana sales.
We have also represented many individuals who have been threatened with the forfeiture of their money, property or homes based on alleged illegal drug offenses.
The law continues to change rapidly. Sugarman & Cannon can assist you to understand the benefits and limitations of Prop 215, and provide an experienced defense in the case of a prosecution.
