Los Angeles Marijuana Attorney

Last Modified: June 14, 2024
Los Angeles marijuana attorney

In Los Angeles, the laws surrounding marijuana have evolved significantly. This reflects changes at both the state and societal levels. Awareness of your rights and obligations becomes important as these laws change. Perlman & Cohen is a leading law firm that navigates complicated cannabis laws for our clients. Our skilled cannabis attorneys are dedicated to providing top-notch legal services.

The legal landscape for marijuana in California can be puzzling. It has frequent updates and variations between medical and recreational use. Our Los Angeles marijuana lawyers are experts in the field. We provide clarity and defense for all marijuana-related legal issues. Understanding these laws is essential to addressing potential legal challenges.

At Perlman & Cohen, we focus on protecting your rights and ensuring you receive fair treatment under the law. Let our marijuana law lawyer defend your rights. Learn more about regulatory compliance regarding marijuana. Then, contact our cannabis attorney to schedule a free case consultation.

Overview of California Marijuana Legislation

California has been at the forefront of cannabis legalization in the United States. The state legalized medical marijuana in 1996 and recreational marijuana in 2016. This progressive stance has led to the development of a robust cannabis industry. However, despite legalization, there are still numerous regulations and laws that govern marijuana. They cover the use, possession, cultivation, and sale of marijuana. This includes both state and federal courts.

California cannabis law requires a deep knowledge of both state and local regulations. The laws are designed to regulate the marijuana industry while preventing illegal activities. Our firm stays updated on all legislative changes to provide clients with current and effective legal advice.

Distinctions Between Medical and Recreational Use

California law differentiates between medical and recreational marijuana use. Medical cannabis patients with valid prescriptions enjoy certain privileges. They may not be available to recreational users. These include higher possession limits and access to stronger strains needed for medical use. It's important to be aware of these differences to ensure compliance with the law.

Recreational marijuana is subject to more stringent regulations compared to medical marijuana. For instance, recreational users are limited in the amount they can carry and grow compared to medical users. These regulations ensure that marijuana use and distribution occur safely and within the boundaries of the law. Knowing these distinctions can help avoid legal issues and maximize the benefits of marijuana use legally.

Common Marijuana-Related Charges

Common marijuana related charges

Even with the legalization of marijuana, there are still several offenses related to its use and distribution that can lead to criminal charges in California. Awareness of these common charges can help you avoid legal trouble.

Legal Limits for Possession of Marijuana

In California, adults 21 and over can legally possess up to one ounce (28.5 grams) of marijuana or eight grams of concentrated cannabis. Possessing more than this could lead to charges of illegal possession. It's vital to adhere to these limits to avoid potential legal issues.

For individuals who need medical marijuana, the limits are higher. Medical users must have a valid recommendation from a physician. They can possess amounts reasonably related to their medical needs. Medical users need to carry their medical marijuana card. That way, they avoid misunderstandings with law enforcement.

Distribution and Trafficking

It is legal to sell marijuana in California through licensed dispensaries. However, illegal distribution or trafficking can lead to severe criminal charges. The unauthorized sale or transport of drugs and marijuana is prosecuted under California's drug trafficking laws. Penalties can be harsh, including long prison sentences and heavy fines.

It is vital to know the distinction between legal sales and trafficking. Only licensed entities are allowed to distribute marijuana legally. Our Los Angeles marijuana lawyers can help you become familiar with these regulations. We ensure that your cannabis business operates within legal boundaries, including cannabis business licensing.

Illegal Cultivation

Cultivating marijuana without proper licensing is illegal in California. Individuals can grow up to six plants for personal use. However, exceeding this number or growing without a license for commercial purposes can lead to criminal charges. The state takes illegal cultivation seriously. Penalties can include huge fines and imprisonment.

Our criminal defense lawyer team is experienced in handling cases related to illegal cultivation. We can help you comply with cultivation laws and defend those accused of violating them.

DUI of Marijuana

Driving under the influence of marijuana is illegal in California. Law enforcement uses various methods to determine impairment from marijuana. These include field sobriety tests and chemical testing. Convictions for marijuana DUI can result in penalties similar to alcohol DUI. These include driver's license suspension, fines, and even jail time.

Contesting this DUI charge requires recognizing the nuances of how impairment is tested. Our firm has extensive experience in challenging the evidence in these cases and protecting our clients' rights.

Legal Penalties for Marijuana Offenses

The penalties for marijuana offenses in California can vary widely depending on the type of offense and the individual's criminal history. For minor offenses, penalties may include fines and community service. Graver offenses can result in considerable jail time and larger fines. Specific statutes, such as Health and Safety Code 11357, govern these penalties. A first violation could lead to mandatory community service and education. Future violations could lead to substantial fines.

For example, possession of more than one ounce of marijuana is punishable under California Health and Safety Code 11357. This statute provides for a range of penalties. You need an experienced attorney to defend your rights in the face of marijuana laws.

Defense Strategies for Marijuana Charges

Defense strategies for marijuana charges

Developing a strong defense against marijuana charges is multifaceted. It requires a deep comprehension of the case's facts and the applicable laws. Our Los Angeles marijuana lawyers employ various strategies to defend our clients effectively.

Contesting the Legality of the Search and Seizure

One common defense strategy is to challenge the search and seizure that led to the discovery of marijuana. The evidence obtained may be considered inadmissible in court if the search was conducted without a valid warrant or reasonable suspicion. This can often result in the dismissal of charges.

Questioning the Accuracy of Testing Methods

Another defense approach involves questioning the accuracy of the testing methods used to detect THC levels in the body. In DUI and marijuana cases, proving that the testing methods were flawed or the results were inaccurate can be a crucial defense strategy.

Proving Legal Medical Use

Demonstrating that the marijuana was for legal medical use can be an effective defense. This requires presenting valid medical documentation. You must adhere to the legal requirements for medical marijuana use in California.

Demonstrating Lack of Intent to Distribute

In cases of possession, proving that there was no intent to distribute the marijuana can help reduce charges or lead to dismissal. This defense involves showing that the amount possessed was consistent with personal use and not intended for sale.

Eligibility for Expungement of Marijuana Charges

Many past marijuana convictions may be eligible for expungement under California law. This can clear their record and alleviate the long-term consequences of a conviction.

Process for Expunging Marijuana Convictions

The process for expunging a marijuana conviction involves filing a petition with the court. The petition must demonstrate that the individual has completed all terms of their sentence and has not committed any further crimes. The court will review the petition and decide whether to grant the expungement.

If granted, the expungement effectively seals the conviction from most public records. This improves the individual's ability to secure employment, housing, and other opportunities.

How a Los Angeles Marijuana Attorney Can Help

How a Los Angeles marijuana attorney can help

Our Los Angeles marijuana attorneys can provide invaluable assistance in a variety of ways:

  • Navigating complex cannabis laws. We help you understand and comply with all aspects of California cannabis law, ensuring your actions are legal.
  • Defending against marijuana charges. We use strategic defenses tailored to the specifics of your case to protect your rights and achieve the best possible outcome.
  • Managing legal risks for cannabis businesses. We offer legal advice to those involved in the cannabis industry to help manage risks. We help you ensure compliance with state regulations.

Frequently Asked Questions

Can I get my marijuana charge reduced to a lesser offense?

Yes, often, charges can be reduced, especially if it's your first offense or if you can demonstrate that the marijuana was for personal use.

What are my rights if I'm pulled over and suspected of DUI of marijuana?

You have the right to remain silent and seek legal representation before answering questions or agreeing to testing.

How does a marijuana conviction affect my employment prospects?

A conviction can pose challenges. However, expu

ngement of your record can significantly improve your employment opportunities.

Contact Our Los Angeles Marijuana Lawyer for a Free Consultation

Contact our Los Angeles marijuana lawyer for a free consultation

If you're facing marijuana-related charges, Perlman & Cohen can help you. Our experienced team of criminal defense lawyers is ready to help you navigate the intricacies of the law and protect your rights. Our criminal defense attorney in Los Angeles, CA, provides comprehensive legal services. Contact us today to schedule a free consultation.

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