In 1996, California voters approved Prop. 215, also known as the Compassionate Use Act. Under this Act, a qualified patient may possess up to eight ounces of marijuana. While the act removed many of the criminal penalties of possession for qualified patients, there are still some legal issues that medical marijuana patients need to be aware of.

One of the issues that medical marijuana patients face, is that they are still subject to arrest by police in certain situations. In People v. Strasburg, the Appellate court held that when an officer smells marijuana in the area of a car, the officer has probable cause to search. Even if the defendant has a medical marijuana card, the officer could reasonably believe that the defendant had more marijuana than he was entitled to possess.

If you are medical marijuana patient, it is important to follow the restrictions of the Compassionate Use Act. You should not possess more than eight ounces, and you should not operate a car while using marijuana.

If you do find yourself arrested, it also important to immediately seek the counsel of a qualified, experienced attorney. The Law Office of Michael Carrillo has experience with drug related cases, as well as other criminal defense matters, and they can aggressively and effectively represent you in court to get your case resolved to your satisfaction.

For a free consultation to discuss your offense or hearing please call us at (323) 600-5393.