California Medical Marijuana Attorney
If you have been arrested for a marijuana related crime in Sacramento, El Dorado, Placer, Nevada, Amador, or Yolo Counties you need experienced and aggressive Criminal Defense Attorneys who will fight to defend your rights. At The Law Office of Roland X Tiemann, you will consult with experienced and aggressive criminal defense lawyers who have defended medical marijuana cases in Sacramento, El Dorado, Placer, Nevada, Amador, and Yolo Counties. We will represent you throughout the criminal proceeding. If your case is a misdemeanor marijuana offense, we can appear for you in court so you don't have to, saving you time, money and embarrassment. You don't have to plead guilty, contact our office today for a free same day consultation or to set up an appointment. We know the criminal courts in Sacramento, El Dorado, Placer, Nevada, Amador, and Yolo counties.
For more information about our Medical Marijuana Defense practice, please visit www.MedicalMJDefense.com
Experienced Medical Marijuana Attorneys
In 1996, California voters passed Proposition 215, The Compassionate Use Act. This law created a new exemption from criminal penalties for medical use of marijuana. Patients with a physician's recommendation to use marijuana in medical treatment have a new legal defense available to them if found possessing, growing or using marijuana. This protection only extends to California laws because Federal law does not recognize medical marijuana. Therefore, the Federal government has the power to instigate civil forfeitures or prosecute cases even if they are legal under state law.
If arrested on marijuana charges, patients (and caregivers) can claim entitlement to an exemption from California law. The patient or caregiver need only raise a reasonable doubt in the jury's mind that their marijuana was possessed with the recommendation of a doctor to be found not guilty. Because compliance is so important, take time to understand the new law. Understand too that the laws regarding "legal" medical marijuana use are still evolving. For up to date information please visit American's for Safe Access, Marijuanannews.com, CA Norml, or Marijuana Expert Chris Conrad's website. To read the laws yourself: please click on the link to see Health and Safety Code section 11362.5 the code section that resulted from Proposition 215, The Compassionate Use Act, and click on the link for Health and Safety Code section 11362.7, which in January 2004, clarified many of the Compassionate Use Act laws.
All California counties are now required to issue identification cards to residents with medical marijuana recommendations. If a patient has a county card and is within state guidelines, then they can't be arrested for possession or cultivation unless the police officer has probable cause to believe the patient's card is a forgery or the recommendation was obtained through fraud. For more information regarding the States Medical Marijuana Program and ID card system click on California Department of Health, Medical Marijuana Program.
Patients do not have to have a county card to be protected. But with the card and staying within the state guidelines, patients enjoy the added protection of this "no citation or arrest unless probable cause" rule.
Northern California Medical Marijuana Guidelines
The minimum amount of medical marijuana a city or county must permit a patient to have in their possession is 8 ounces of "bud" (leaf isn't counted) along with six mature plants or 12 immature plants; Cities and Counties are free to implement guidelines permitting more medical marijuana to be possessed or grown by patients; A doctor may permit the patient to have more than any city, county or state guideline; A doctor's recommendation may be in writing or spoken; The law enables parolees, defendants and probationers to retain full access to medical marijuana. Most posted guidelines are intended for informational purposes only and are not to be relied on for protection from the law. Since governmental polices continually change regarding medical marijuana, you should check with your local government officials regarding the current medical marijuana policy in your community.
Protect Your Medical Marijuana Rights Under the Law
If you use marijuana for a medical condition that could lead an MD to give you a recommendation for using medical marijuana - get the recommendation! You may not be protected by Proposition 215 if you get the recommendation after an arrest. There are more and more doctors who are willing to write recommendations given the increased protection for doctors resulting from a recent Supreme Court Case. See list of medical providers.
To protect your rights you should always do the following:
- Keep your recommendation up to date;
- Keep a copy of your recommendation with you at all times;
- Keep copy of your recommendation with any plants you are growing;
- If you are a caregiver, keep copies of all patient's recommendations for whom you are growing with any plants you are growing for them;
- Do not keep anything around that could be considered evidence of sales: "Pay/Owe sheets" (paperwork showing people owe you money); scales; packaging materials; pagers; photos of you with other illegal drugs or guns.
- Stay within the State or County guidelines;
- Keep a copy of the medical evidence you provided your M.D. when you secured your recommendation.
- If police show up- show your recommendation then shut up. Never ever give a statement.
If you are arrested and your medicine confiscated: you may be able to get it returned. I have successfully recovered pounds of medical marijuana for clients.
Free Same Day Consultation
Because of work and family commitments and the uncertainty and risk of trial, many of our clients prefer to resolve their cases without a trial. If that is your preference, we will work to achieve the best possible result for you. In most cases, a resolution can be worked out that is satisfactory to you. Successful resolutions include jail alternatives like house arrest, reduced fines, and reduced/dismissed charges. Because of work most people can't have a criminal history, so we work to negate any negative consequences to your criminal record. We will keep you informed of the status of your case as it progresses to assure you understand what is occurring. You can always contact our office where you will speak to a person regarding any questions you may have in your case.
Our Northern California offices are conveniently located in Sacramento and El Dorado Counties. We accept all major credit cards. Please call my office to schedule a free initial consultation. You will be trusting your case to a proven defense firm!
Free Same Day Consultation
Call 24 Hours a Day
All Major Credit Cards
Consultas in Espanol
Please Contact Us about your case.