Do You Have a Medical Marijuana Card?
Under Health and Safety Code § 11362.5, “the possession and even cultivation of marijuana is no more criminal – so long as certain conditions are met – than the possession and acquisition of any prescription drug with a doctor’s prescription.” People v. Mower (2002) 28 Cal.4th 457, 482. In other words, “section 11362.5 reasonably must be interpreted to grant a defendant a limited immunity from prosecution, which not only allows a defense at trial, but permits a motion to set aside an indictment or information prior to trial” Mower at 470. Having a properly obtained card and being found with eight ounces or less is lawful. Other conditions may apply as well, so please contact our office. We are available 24 hours a day. Call us at (310) 782-2500.