Medical marijuana laws are very complex. Whether you are a patient, a grower, or a dispensary, consulting with a Sacramento medical marijuana attorney can help you stay on the right side of the law.

Since the enactment of Proposition 215 in 1996, California has exempted certain medical patients and caregivers from criminal liability under state and local law for the possession and cultivation of marijuana. California's medical marijuana laws are viewed by many as providing important medical relief to the seriously ill, but the laws have also been subject to abuses by some individuals and scrutiny from the federal government. Medical marijuana laws grow to be more complex, and enforcement of these laws is uneven.

Certain aspects of the law are more straightforward. California law permits possession of up to eight ounces of dried marijuana by qualified medical patients. Qualified medical patients can also cultivate six mature plants or six immature plants for personal use. Under the recent decision of People v. Kelly, 47 Cal. 4th 1008 (2010), a qualified patient may possess or cultivate greater amounts than this, but must show that the amounts are reasonably related to the individual's current medical needs. Dispensaries must be run as cooperatives or collectives, and cannot operate on a for-profit basis or distribute marijuana for non-medical purposes. Dispensaries must acquire marijuana only from their constituent members, and distribute marijuana only to their constitute members. Dispensaries are licensed and heavily regulated by local municipal authorities.

One of the most complicated aspects of California's medical marijuana laws is the presence of the federal Controlled Substances Act (CSA), which prohibits the possession, cultivation, transportation or distribution of marijuana. Proposition 215 does not directly conflict with the CSA because it does not legalize marijuana, but represents only a refusal to punish certain marijuana-related offenses. The state recommends that state and local law enforcement officers not arrest individuals or seize marijuana when the cultivation, transportation or possession is allowed under state law. The Obama Administration has made prosecution of medical marijuana a low priority. However, federal law enforcement officials may still prosecute individuals and organizations that violate the CSA.

Dispensaries face additional difficulties. Renting property, forming the legal structure of the business, obtaining licenses, properly paying taxes, and running the day-to-day affairs of the dispensary all raise subtle new legal issues.

Marijuana possession and distribution under state law remains a felony. In other words, if California medical marijuana laws are not complied with properly, you may face serious jail time. Approaching medical marijuana the right way from the outset is important. Consulting with the Sacramento medical marijuana attorneys at Bonilla & Cintean can help you stay on the right side of the law. Whether you are an individual with serious health issues, or seek to operate a dispensary, we can provide you with advice and represent your interests in court whenever necessary. If you face prosecution for medical marijuana-related charges, or seek advice to prevent legal problems in the future, contact us today for a confidential consultation at (916) 447-7842.