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If you have been accused of violating any California state drug law, such as being under the influence, drug possession, or drug sales, you need to contact qualified California criminal defense lawyers or drug lawyers who understand the California drug laws. Those California criminal defense attorneys or drug lawyers can be found at Wagner & Zielinski. You need a California criminal defense lawyer who understands how the California state drug laws affect you and your drug possession or other drug related charges. You may qualify under California Health & Safety Code section 11362.5, Medical Use, which we highlight below.
(a) This section shall be known and may be cited as the Compassionate Use Act of 1996.
(b)(1) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows:
(A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from 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.
(B) To ensure that patients and their primary care givers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.
(C) To encourage the federal and the state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients who are in need of marijuana.
(b)(2) 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 non-medical purposes.
(c) 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 patients for medical purposes.
(d) 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 caregiver, who possesses or cultivates marijuana for personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.
(e) For purposes of this section, “primary caregiver” means the individual designated by the person exempted under this section who has consistently assumed responsibility for the housing, health, or safety of that person.
For clients who have been convicted of a non-violent drug possession charge and have received probation and successfully completed drug treatment, we generally recommend that the client file and serve a petition for a dismissal under Penal Code section 1210.1(d). If the court finds that the client has successfully completed treatment, the court should dismiss the case. We advise clients of the relief to be gained when the petition is granted and the applicable exceptions.
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