Medical Marijuana/Cannabis

IS MARIJUANA FOR MEDICAL TREATMENT LEGAL?

While marijuana remains illegal under Federal law, on March 18, 2009, during his campaign, President Barrack Obama signalled he would cease DEA raids in California, and later Attorney General Eric Holder announced, “a shift in the enforcement of federal drug laws, saying the administration would effectively end the Bush administration’s frequent raids on distributors of medical marijuana.” There is a doctrine of law that allows a defense where the defendant relied on an interpretation of law rendered by a person authorized to give such advice. While this arguement is pursuasive, Judges sometime prohibit the defense for various reasons including making a finding that the President and Attorney General’s statements were vague. Judges have been known to respond to the defense with the question, “why did you not ask the FBI or local Federal prosecutor for a legal oppinion as to medical marijuana legality?”

WHAT ARE THE BEST PRACTICES FOR MEDICAL MARIJUANA IN CALIFORNIA?

WHAT ABOUT CALIFORNIA?

California passed Proposition 215 (The Compassionate Use Act of 1996) giving Californian patients and their caregivers, with a recommendation of their doctor, the right to cultivate and possess marijuana for personal medical use. Later, with the passage of Senate Bill 420, medical marijuana freedom was expanded to include collective or cooperative systems. Unfortunately, no definition was included in that legislation for the words, “collectively” nor “cooperatively”.

HOW TO START A COLLECTIVE, COOPERATIVE, OR “DISPENSARY”?

Hershon Law can assist caregivers who are building collectives, cooperatives, and “dispensaries” to create their corporate entity, including incorporation, tax identification registration, business licensing, bylaws, forms you should consider using, documentation compliance, exhaustive lists of clinical trials proving medicinal safety and effectiveness of cannabis on thousands of illnesses… If you consider any other San Diego law firm to guide you through the most vague intersection in law around, at least inquire as to their advice regarding proper Proposition 65 labeling, or suggestions as to the problem of transportation legality. Even with the best legal advice, starting a “dispensary” could result in fines and/or jail.

WHERE CAN ONE FIND A MEDICAL MARIJUANA DOCTOR?

In Carlsbad? Try Green Leaf Clinics.

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