Marijuana Possession

While Proposition 64 made recreational marijuana legal in California, there are still a variety of marijuana-related crimes you can be convicted of in San Diego. If you are charged with a marijuana-related offense, contact the Law Offices of Elliott Kanter for assistance by calling.

Marijuana Criminal Defense

If you have been accused of a marijuana-related crime in San Diego, let the team at the Law Offices of Elliott Kanter defend you. We are well versed in the very complicated laws around marijuana both locally and federally and will do everything we can to make sure you are ruled innocent.

How Can a Lawyer Help You Fight Marijuana Charges?

The lawyers at the Law Offices of Elliott Kanter will explore all the facts in any marijuana charge. Our law firm may be able to negotiate with the prosecutors to get your charges reduced, and even may get your cannabis returned. We can also explore the details of the search and see if all procedures were properly followed.

  • Was there probable cause to stop your car?
  • What was searched? You, your car, or home? Did the police have the right to search your property?
  • Can possession or control of the pot be proven?
  • Was there evidence to establish sales of marijuana?
  • Was there a proper chain of custody and testing of marijuana?

Recreational Marijuana Laws in California

The passage of Proposition 64 made recreational marijuana legal as long as it meets certain requirements.

  1. You must be 21 years of age or older to possess marijuana
  2. You can only have up to one ounce of recreational marijuana
  3. You can only have 8 grams of marijuana concentrate
  4. You can cultivate up to 6 marijuana plants

Medical Marijuana Laws in California

The California Medical Marijuana & The Compassionate Use Act of 1996 was passed to give certain patients, with specific medical conditions, legal access to marijuana. Health & Safety Code Section 11362.5 guarantees:

  1. Seriously ill Californians have the right to obtain and use marijuana for medical purposes. That medical use is deemed appropriate by a physician who has prescribed the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.
  2. Patients and their primary caregivers who obtain and use marijuana for medical purposes are not subject to criminal prosecution or sanction.
  3. Encourage federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.
  4. Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for nonmedical purposes.
  5. Notwithstanding any other provision of law: no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.
  6. Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient’s primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.

Marijuana Dispensary Laws in California

The California state laws that control the opening and running of marijuana dispensaries are strict and complex. It is an extremely risky legal undertaking and many counties will not even issue licenses for dispensaries, and that means that opening them is inherently illegal. If you are interested in opening a dispensary or need legal assistance, contact a marijuana attorney today.


Marijuana Attorneys at The Law Offices of Elliott Kanter

If you are charged with a marijuana-related offense, contact the marijuana attorneys at The Law Offices of Elliott Kanter.  We are well versed in recreational and medical marijuana law and will do everything necessary to prove your innocence. To learn more or to schedule a free consultation, give us a call.