Medical Marijuana
Orange County Federal Marijuana Attorney
Federal Marijuana Lawyer in Orange County
After running on a campaign claiming to take a “hands off” approach to California’s legal medical marijuana laws the Obama Administration announced a surprise turnabout and will start shutting down many medical marijuana dispensaries.
Already medical marijuana stores in Orange County, Los Angeles, San Diego, Riverside and San Bernardino have received notices from the Justice Department and DEA to shut down or face fines and imprisonment.
If you’re a medical marijuana dispensaries owner or medical marijuana user who have received letters from the Justice Department it’s very important you contact our Orange County medical marijuana attorney.
California Marijuana Law
As our Orange County marijuana attorney explains, California already has several marijuana laws on the books, and every year hundreds of people are prosecuted for violating the state’s marijuana laws.
Many of these people who are arrested either don’t have a valid “420 Card” or exceed the amount of marijuana they’re legally allowed to have on their person.
Federal Marijuana Law
Our Orange County federal crimes attorney explains the federal government regulates drugs, which includes marijuana, through the Controlled Substances Act (CSA) under 21 U.S.C. § 811, which does not recognize the difference between medical and recreational use of marijuana.
Under the CSA, marijuana is classified as a Schedule I drug, which means that the federal government views marijuana as highly addictive and has no medical value, and this position was reaffirmed in a 2011 government study claming medical marijuana had no medical value.
Under federal law doctors may not "prescribe" marijuana for medical use, but they can "recommend" its use under the First Amendment.
It’s important to point out that federal law trumps state law, which is why the feds can raid and close medical marijuana dispensaries even though medical marijuana is legal in California.
Will the Federal Government Come After Me if I’m a Medical Marijuana User?
Not likely, as our Orange County drug crimes attorney explains it’s more likely the feds would come after you if they believe you have a large amount of medical marijuana.
Federal marijuana laws are generally designed to catch people who possess, cultivate, or distribute large quantities of marijuana, which are what medical marijuana dispensaries typical do.
Should you be arrested by the feds chances are, assuming you don’t have a large amount of marijuana, it will be referred to the state to prosecute.
I’m a Medical Marijuana Dispensary Owner, What Should I Do?
If you’re a medical marijuana dispensary owner it is urgent to contact our professional Orange County federal crimes defense attorney.
If you haven’t received notice to close down it’s unclear if you can continue operating your business without worry, or if you should just close down, which is why you need a federal attorney by your side.
Even if you’ve never received any formal notice from federal government officials the feds could still raid your business and arrest you at any time. Even though your medical marijuana dispensary is well within California laws and regulations the feds can enter, seize items and arrest you since you’re breaking federal law.
Now if you have received noticed to shut down it’s best you contact our Orange County federal drug crimes lawyer experts so we can prepare the next step.
It’s just unclear right now how far the Obama Administration, Justice Department and DEA will take these medical marijuana raids.
If Charged with a Federal Marijuana Crime
If you decide to keep your medical marijuana dispensary open, whether you’ve received a notice from the feds or not, our Orange County federal crimes defense attorney experts need to stress possible charges you could face.
First off, federal drug charges are not tried at county courthouse, rather federal courthouses, and as such they’re different rules and procedures for federal court cases.
Please read our federal crimes page for a complete overview of what to expect during a federal trial.
Most importantly, unlike California criminal marijuana charges that can result in a fine, a few months in jail or even completely erased from your record upon successful completion of drug programs under PC 1000 or Proposition 36, federal marijuana charges carry MAJOR federal prison sentences.
This is why you need an experienced Orange County federal crimes attorney with over a decade of experience in federal courts.
What is NOT a Valid Defense
If you go to federal trial for marijuana charges it’s very important to understand that using or selling medical marijuana, even though it’s legal in California, is not a valid defense in federal court.
Federal marijuana charges are very complex, but our Orange County federal crimes defense attorney will create a winning defense for you, which is why it’s important to set up an appointment so we can begin the process of setting up a winning defense for you.
If Convicted
As our Orange County marijuana defense lawyer touched on, people found guilty of federal marijuana charges face very steep punishments, because you must remember that despite social norms easing up federal law still considers marijuana a dangerous, illegal drug with no acceptable medicinal value.
Not all people convicted of federal marijuana crimes get an automatic sentence to federal prison, however most of the time if the federal government is prosecuting you for marijuana charges it usually means you allegedly have a large amount of marijuana the feds are looking to punish you for, which means time in federal prison.
How long you’re sentenced to federal prison for and what fines you face all depend on the amount of marijuana that were seized from you and just what you were doing with that marijuana.
Call the Orange County Marijuana Attorney Experts Right Away!
We know it’s very unsettling after being assured the federal government would not interfere with California’s medical marijuana dispensaries or users only to have them turnaround and threaten to arrest you.
This is why you need our Orange County medical marijuana attorney experts by your side to protect you if something happens.
Our Orange County federal crimes attorney experts have over a decade of successful experience in the federal courts of Santa Ana, Los Angeles, Riverside and San Diego.
We know this is a nervous time, but we’ll help you successfully get through this.
