The attorneys at The Phillips Law Offices have represented individuals
charged with possession for sale, transportation, and cultivation of
marijuana in the courts in Placer County, Nevada County, El Dorado
County, Butte and the Sierra Gold Country.
We provide representation and advice to individuals and those seeking
the protection of the Compassionate Use Act under the provisions of
California's Proposition 215. In 1996, California Voters approved an
initiative providing a legal defense under state law for certain
individuals who cultivate and possess medicinal marijuana. Constantly
monitoring and applying the latest developments in the law, we
successfully represent those who cultivate medicinal marijuana, those
who transport it, as well as the cooperatives and pharmacies that
provide medicinal marijuana to their patients.
Marijuana law involving use, transportation and sales is complicated
and constantly evolving. The Placer County marijuana defense
attorneys at The Phillips Law Offices support the lawful use of
medicinal marijuana and effectively track the opinions, activities, and
views of the courts, law enforcement, and politicians relating to use,
cultivation, transportation, and sales of medicinal marijuana.
California Health and Safety Code 11357 (possession of
marijuana/canabis) generally provides that anyone possessing less
than 28.5 grams of marijuana can only be fined, and can’t be arrested
so long as that person has proper identification. A citation to appear in
court, similar to a traffic ticket, must be issued. Possession of a greater
amount of marijuana may result in an immediate arrest and a sentence
of up to six months in the county jail.
Cultivation, harvesting, or processing marijuana, a felony, is a
violation of California's Health and Safety Code 11358 is a felony
and can result in a year in county jail or state prison sentence up to
three years. Possession for sale of marijuana, also a felony, a violation
of California's Health and Safety Code 11359 (possession for sale of
marijuana), can result in the same sentence.
California's Health and Safety Code 11360 prohibits the
transportation, sale, importation, giving away, or furnishing of
marijuana. A violation of this section can result in a prison sentence as
lengthy as four years. If the amount of marijuana involved is less than
28.5 grams, the crime is a misdemeanor, with a fine only. A person
charged with transportation of less than 28.5 grams marijuana may not
be arrested if they possess proper identification.
California Compassionate Use Act of 1996, Proposition 215
provides legal protection for individuals charged with many of the
marijuana crimes. With solid representation from the Phillips Law
Offices, those who lawfully possess a physician’s recommendation for
medicinal marijuana, those who lawfully operate a medicinal
marijuana collective, as well as those who cultivate and transport
medicinal marijuana, can avoid prosecution and conviction.
The Phillips Law Offices represent a variety of individuals seeking
advice and legal representation in the area of medicinal marijuana.
Since the law’s inception, we have represented those who cultivate,
transport, and provide medicinal marijuana to those in need. We also
provide legal services to the medical marijuana collectives that
provide medicinal marijuana to their patients.
IMPORTANT: Despite the protections afforded through the
California Compassionate Use and California’s recognition that there
are scientifically proven medicinal benefits to the use of marijuana, the
possession, sale, distribution, and transportation of marijuana remains
ILLEGAL under federal law.
To provide the best representation in the evolving area of medical
marijuana, the attorneys at The Phillips Law Offices make every effort
to monitor and track medical marijuana’s latest developments, such as
the California Attorney’s General’s recent medical marijuana opinion
in August, 2008 and the most recent California Supreme Court case
addressing medical marijuana, People v. Mentch (2008) and People v
Recently, the United States Attorney General, representing the view of
the new presidential administration under President Obama, outlined a
shift in enforcement of federal drug laws, indicating they would end
the Bush administration’s policy of raiding distributors of medical
marijuana. Despite this new policy, however, the use, cultivation,
possession, sale, or transportation of medicinal marijuana remains
illegal under federal law.
The issue of the scientific and medicinal use of marijuana remains one
of constant debate. For the latest information regarding medicinal
marijuana, or to seek representation for a medical marijuana issue,
contact The Philips law Offices for a confidential and no charge
California Senate Bill 420
Local Medical Marijuana Cultivation and Possession Guidelines