March 11, 2019

Marijuana is legal in California … isn’t it?

While the Golden State is one of a growing number of states that have legalized both recreational and medicinal use of cannabis, the implementation of the new laws has been anything but smooth. In fact, the California Highway Patrol has continued to regularly intercept commercially transported cannabis products, seizing shipments at a higher rate than prior to the drug’s legalization in 2018.

Why You Can Still Be Arrested for Marijuana Possession

Marijuana legalization is still in its infancy, which has meant that many regulations are just now being enacted. However, the largest issue has been the transportation of marijuana.

Many cities and counties will not allow marijuana dispensaries to operate within their communities. Others have banned the transportation of the products on their streets and roads. This has forced some consumers to travel significant distances to make legal purchases of marijuana. For persons who use the drug for medicinal purposes, the drive may be impossible, or might require driving to several dispensaries to stock up so that the trips are less frequent. This could result in the person transporting more marijuana than is legal.

Until recently, the California Bureau of Cannabis Control (BCC) had yet to address the issue of home delivery, especially to medical marijuana patients. However, in January 2019, the BCC ruled that properly licensed cannabis delivery companies can bring the drug to the home of a person who orders it legally.

However, if you are not licensed to legally transport marijuana or cannabis products for commercial purposes, you can be arrested and charged with possession with intent to distribute if you are transporting more than a person is legally entitled to possess for personal use.

The Federal Problem

Furthermore, marijuana and cannabis products are still illegal under the federal Controlled Substances Act (CSA). This law does not recognize the difference between medical and recreational use of cannabis. Law enforcement tends to use this law to prosecute persons who possess, cultivate or distribute large quantities of cannabis.

Still, you can be arrested and charged with a marijuana-related offense under federal law in certain circumstances, such as if you are found to be in possession of marijuana while crossing state lines or while on federal land. In fact, the federal government is not even required to prove that you knew you were on federal land, as the Ninth Circuit Court of Appeals ruled in a recent case.

Contact a Skilled Drug Defense Attorney at Wallin & Klarich Today

Though California has legalized marijuana, there are issues that regulations have yet to address, and there are still law enforcement agencies who are looking to intercept commercial transportation of cannabis products. There are also still federal laws that prohibit the possession of marijuana.

If you or someone you love was arrested for possession of marijuana under either state or federal law, you should seek the help of an experienced drug defense attorney. At Wallin & Klarich, our skilled criminal attorneys have more than 35 years of experience successfully defending clients facing criminal charges. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Los Angeles and San Diego, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you are located.

Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.

Author

Author: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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