Given recent changes of law in California, there is a public perception that marijuana is legal. Sadly, this is not the case. Pursuant to California Health and safety code, the possession of marijuana can be a misdemeanor or an infraction, depending on the amount of marijuana in question. Cultivation, sale, transportation for sale, and possession of marijuana for sale can be either misdemeanors or felonies. Moreover, there are federal laws that relate to marijuana, and there is no federal recognition of medical marijuana.
Worse yet, it has been my experience that many law enforcement officers have not accepted the legal status of marijuana, and will proceed to arrest as they might have 10 years ago. Marijuana cases frequently involve search and seizure issues. Often times, law enforcement performs search and seizure in violation of the constitution and this can result in the reduction of charges and/or dismissal of the case. Other times, marijuana cases involve licensing issues regarding lawful possession, cultivation of sale for medicinal or recreational use. I have extensive experience with these issues and know how to create an effective defense.
If you, a family member or friend has been charged with any marijuana offense early representation is the key to a successful defense. At Benjamin Zicherman, I have the experience, resources and sophistication to defend your rights. Contact me immediately for your free consultation.