Be sure you understand your rights and privileges under California and federal law.
California has a very progressive attitude towards medical marijuana, with this type of use and cultivation having been legalized way back in 1996 via the California Compassionate Use Act. However, individuals using medical marijuana need to be aware that their Prop 215 ID card or doctor’s recommendation does not necessarily make them immune to all the possible drug charges that could result from their medicine. Here are some problematic situations to look out for.
Conflicts with Federal Law
California’s medical marijuana laws do not override federal laws that make possession a misdemeanor and cultivation a felony. While federal officials have stated that they will not prosecute individual patients, they do sometimes go after collectives that grow marijuana, carrying out raids on the properties if they believe the collective is involved in the drug trade. Federal officials have also been known to confiscate marijuana from individuals on federal lands such as national parks and forests and press charges for possession.
Using Marijuana in HUD Housing
Local housing authorities are allowed to set their own policies regarding medical marijuana use, and many find it easier to simply ban marijuana. There have been some rare cases where individuals have lost federal benefits such as food stamps for using medical marijuana in HUD housing in violation of the local policy.
Excessive Growing or Possessing
Although Prop 215 allows patients and their caregivers to grow and possess any amount of marijuana that is needed for their medical care, in practice the limit for cultivation is 6 mature plants or 12 immature plants and the limit for possession is 8 ounces of processed marijuana per patient. These limits are set by SB 420. Surpassing these limits is not a crime in and of itself but will raise suspicions among police. You are likely to face arrest and will have to prove your medical need for this amount of marijuana in order to escape drug charges.
Zoning Violations
Under Prop 215, patients and their caregivers are allowed to grow their own marijuana. However, in some cities and counties there are zoning laws that forbid outdoor cultivation or otherwise limit where marijuana can be grown.
Driving Under the Influence
Using marijuana while in a moving car or boat is illegal, as is operating a motor vehicle while still under the influence of marijuana. If charged with DUI of marijuana, you may face criminal penalties in addition to administrative suspension of your drivers license.
Buying a Firearm
The Federal Bureau of Alcohol, Tobacco, and Firearms forbids gun dealers from selling to individuals who are known medical marijuana users. If you lie about your use in order to purchase a firearm, you could be charged with perjury. If you already have a gun, this in and of itself is not illegal. However, you should be careful to keep the gun and the marijuana separate. This will help prevent gun charges from being added on to any drug charges you may face and save you from stricter sentencing for charges like possession or cultivation.
