Dispelling Myths about Medical Marijuana in California

When our state legalized medical marijuana by passing California’s “Compassionate Use” Act of 1996 (known as Prop 215), many people who suffered from painful or debilitating medical conditions could suddenly obtain access to a valuable medicinal resource without fear of prosecution.  Voters approved California Proposition 215, which is now codified as Health and Safety Code Section 11362.5, et seq., to permit use of marijuana for treatment of a “serious medical condition.”  However, there are many myths and misconceptions about medical marijuana in California, so this blog post is intended to set the record straight in the hope this permits people to make an informed decision about whether to take advantage of Prop 215. 

Myth No. 1: An individual will be convicted of possession of marijuana if he or she does not have a medical marijuana card.

While there are distinct benefits to obtaining a medical marijuana identification (MMID) card, an individual can avoid a conviction under marijuana laws pertaining to possession, cultivation, or transportation of marijuana under certain circumstances even without a card.  If you are charged with any of these violations of criminal offenses involving cannabis, you can still assert your legitimate medical use as a defense.  A patient using marijuana will need to prove that a licensed California physician prescribed or approved the individual’s use of the drug either in written or oral form to treat a serious medical condition.  However, the decision to obtain a medical marijuana card can prevent the hassle of an arrest by providing a means to immediately establish that your use, possession, cultivation, or transportation of pot is lawful. If you present a medical marijuana card, a police officer will not arrest you for abiding by the terms of Prop 215 unless the information on the MMIC is false or the card was obtained through fraud.

Myth No. 2: Applicants for medical marijuana cards risk being targeted by law enforcement because their marijuana use is part of a law enforcement database.

A patient’s use of medical marijuana is not a matter of public record, and the California medical marijuana registry does not gather any personal information about cardholders, such as social security numbers, names, or addresses.  The only information that is kept is the unique card number and the fact card is valid.  The MMIC also does not display any personal information on than the individual’s picture.  When an individual purchases cannabis at a dispensary, the card identification number is entered into the database. The only information that is provided is whether the MMIC is valid.

Myth No. 3: Possession of a MMIC provides immunity from arrest or prosecution for marijuana-related offenses.

Although Prop 215 decriminalized medical marijuana in a number of respects, protection of the law depends on compliance with its terms and conditions.  If an individual possesses too substantial a quantity of marijuana or offers the drug for trade, transfer, or sale, these remain criminal acts.  Even possession of a small quantity of medical marijuana is a crime under certain circumstances.  An individual can be prosecuted for smoking marijuana under the following circumstances:

• Within 1,000 feet of a school, youth center, or recreation center (unless within a residence)
• At locations where smoking is prohibited
• On a school bus
• In a motor vehicle while driving

While marijuana is still classified as a Type I Controlled Substance by federal law enforcement authorities, the current policy of the federal government is not to override state medical marijuana laws provided sufficient safeguards are implemented.

Myth #4: My possession of marijuana is not regulated provided I do not have an intent to distribute or otherwise engage in acts of giving away or selling marijuana.

The amount of pot that is permissible under the CUA is strictly regulated in terms of quantity.  The allowable amounts of medical marijuana are indicated below:

• Cultivation: Maximum of eight mature plants or 12 immature plants
• Possession: Maximum of eight ounces of dried marijuana

However, there is an exception to the general rule that permits a medical marijuana patient to possess more plants or marijuana if a doctor indicates the higher quantity is consistent with the individual’s medical needs.

If you have been arrested for a marijuana-related crime or other drug offense, our San Diego Drug Defense Lawyer provides a vigorous defense of those accused of drug offenses.  The Law Office of Ashby Sorensen is devoted exclusively to representing individuals charged with serious crimes, including drug offenses.  Call Ashby today at (858) 999-6921 to schedule a free consultation. 

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