April 6, 2015

As a medical marijuana patient you are not completely protected but enjoy only a “limited protection.” The Court has said that prosecution of a necessity for medical marijuana is the same as a prosecution for any other drug and, upon producing proof of the prescription, a prosecution must cease. This is particularly true when it comes to a patient in possession of his/her personal amount of medical marijuana. In the case of People v. Mower, it was held that CUA creates a “limited immunity” rather than an affirmative defense. As a result, the burden is on the defendant merely to raise a reasonable doubt. The people must then prove beyond a reasonable doubt that the possession, use, etc. was not medical. ”As a result of the enactment of section 11362.5(d), the possession and cultivation of marijuana are no more criminal – so long as its conditions are satisfied – than the possession and acquisition of any prescription drug with a physician’s prescription.”

Disclaimer: This article has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice.

Contact one of our cannabis law firm specialists today by phone at 310-912-2960 or online.