Frequently throughout his career, attorney David Elden has represented individuals charged with possession for sale, transportation, and cultivation of marijuana in the courts throughout Los Angeles, the State of California, and in the federal courts of the United States.
In 1996, California Voters approved an initiative providing a legal defense under state law for certain individuals who cultivate and possess medicinal marijuana. David constantly monitors the latest developments in the law, and successfully represents those who cultivate medicinal marijuana, those who transport it, as well as the cooperatives and pharmacies that provide medicinal marijuana to their patients.
State and Federal law provide stiff penalties for The use, possession, transportation, and cultivation of medicinal marijuana — and this is an area of the law that is constantly evolving. David Elden supports the lawful use of and cultivation of medicinal marijuana and with this in mind effectively tracks the opinions, activities, and views of the courts, law enforcement, and politicians relating to use, cultivation, transportation, and sales of medicinal marijuana.
More details on the law as it pertains to medicinal marijuana and marijuana more generally
California Health and Safety Code 11357 (possession of marijuana/canabis) generally provides that anyone possessing less than 28.5 grams of marijuana can only be fined, and may not be arrested so long as that person has proper identification. A citation to appear in court, similar to a traffic ticket, must be issued. Possession of a greater amount of marijuana can result in an immediate arrest and a sentence of up to six months in the county jail.
Cultivation, harvesting, or processing marijuana, a felony, is a violation of California’s Health and Safety Code 11358 can result in a state prison sentence up to three years. Possession for sale of marijuana, also a felony, a violation of California’s Health and Safety Code 11359 (possession for sale of marijuana), can result in the same three year state prison sentence.
California’s Health and Safety Code 11360 prohibits the transportation, sale, importation, giving away, or furnishing of marijuana. A violation of this section can result in a prison sentence as lengthy as four years. If the amount of marijuana involved is less than 28.5 grams, the crime is a misdemeanor, with a fine only. As with simple possession of less than 28.5 grams of marijuana, a person charged with transportation of less than 28.5 grams marijuana may not be arrested so long as they possess proper identification.
California Compassionate Use Act of 1996, Proposition 215 provides immunity for certain individuals charged with many of the marijuana crimes described above. With proper representation, those who lawfully possess a physician’s recommendation for medicinal marijuana, those who lawfully operate a medicinal marijuana collective, as well as those who cultivate and transport medicinal marijuana, can avoid prosecution and conviction.
If you have any legal issue whatsoever relating to the use, transportation, distribution, or cultivation of marijuana don’t wait: Contact the Law Offices of David Elden