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Am I PROTECTED from prosecution for possession of marijuana as a medical marijuana PATIENT?

Posted by Meital Manzuri, Esq. | Apr 06, 2015 | 0 Comments

As a medical marijuana patient you are not completely protected but enjoy only a “limited protection.” The Court has said that prosecution of a necessity for medical marijuana is the same as a prosecution for any other drug and, upon producing proof of the prescription, a prosecution must cease. This is particularly true when it comes to a patient in possession of his/her personal amount of medical marijuana. In the case of People v. Mower, it was held that CUA creates a “limited immunity” rather than an affirmative defense. As a result the burden is on the defendant merely to raise a reasonable doubt. The people must then prove beyond a reasonable doubt that the possession, use, etc. was not medical. ”As a result of the enactment of section 11362.5(d), the possession and cultivation of marijuana is no more criminal – so long as its conditions are satisfied – than the possession and acquisition of any prescription drug with a physician's prescription.”

Disclaimer: This article has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. 

About the Author

Meital Manzuri, Esq.

Managing Partner.


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