Marijuana Law Defense
Since 1999 I have successfully defended those charged with such crimes as Cultivation, Transportation and Possession with intent to sell marijuana. I have assisted people in perfecting and raising a valid medical marijuana defense (under the provisions of Health and Safety Code section 11362.5 et. seq.) in cases where charges have already been filed, and I have advised hundreds of individuals on how to avoid detection and prosecution for conducting medical marijuana businesses. California’s new marijuana laws effect growing, transportation, selling and possession.
The November 2016 election resulted in Proposition 64 passing, which changed marijuana laws and legalized recreational marijuana use in California. If you have previously been convicted of felony cultivation, possession of marijuana for sale, or transportation of marijuana for sale in California, you may be eligible to immediately reduce your prior conviction to a misdemeanor. Please call me at (530) 550-0529 so I can assist you.
For information on California’s ballot initiative on legalization of recreational marijuana, Proposition 64, on the November 8, 2016 ballot:
The Compassionate Use Act of 1996, also known as Proposition 215, which created a medical marijuana use defense to the prosecution for cultivation and possession only, and the clarifying amendments under the Medical Marijuana Program Act passed by the legislature in 2003, also known as Senate Bill 420, still remains the law for individual medical marijuana users even after the passage of Proposition 64, The Adult Use of Marijuana Act (AUMA).
In a nutshell that means that while AUMA legally allows any individual over the age of 21 to grow 6 plants indoors and possess up to one ounce of harvested flower, an individual with a current, valid medical marijuana recommendation from a licensed physician can still grow or possess whatever amount is needed for their own personal medical needs.
The biggest changes for Medical Marijuana users is what has been commonly referred to as the “gray area” of collectives and cooperatives for both medical cultivation and medical dispensaries. This area of law which had been developed over a 20 year time span is no longer an available defense for multiple medical marijuana users to grow without a license (this includes primary caregivers). Collective or Cooperative gardens can no longer exist without a license.
My firm does not handle business licensing or consultations regarding creating cannabis businesses, but a great attorney to help with those issues can be found here: https://hburkelegal.com/
For information on state business licensing: https://calcannabis.cdfa.ca.
Town of Truckee
The Town of Truckee went through a rigorous process to determine what type of cannabis related businesses would be allowed within its jurisdiction, and has limited the number of delivery services that can legally operate. A license is required within the Town prior to receipt of a state license.
For more information specifically from the Town of Truckee, visit https://www.townoftruckee.com/
Feel free to contact me (Alison Bermant) for a confidential consultation to discuss any criminal issues related to prosecutions or reductions of priors for marijuana offenses – Email or (530) 550-0529