Resolving Medical Marijuana Issues

When California's voters chose to allow the use of medical marijuana, they created a legal gray area that has resulted in criminal charges against many people for using a medicine they have a legal right to use under state law.

The attorneys at Fisher Law Office represent people who have been arrested, charged and harassed in response to their use of medical marijuana. Call 805-706-0205 to schedule a free initial consultation with a San Luis Obispo criminal defense lawyer with more than 30 years of California legal experience.

Protecting Your Rights to a Legal Medicine

Medical marijuana is a complicated area of law because there is a conflict between state and federal law. Not all law enforcement agencies and courts agree on how that conflict should be handled.

Under California's Compassionate Use Act (also known as Proposition 215), patients with a valid doctor's prescription and their primary caregivers are permitted to possess and grow marijuana for medical use. Under federal law, on the other hand, marijuana has no accepted medical use.

Different counties, and in some cases different agencies within the same county, treat medical marijuana differently. In many cases, the sheriff's department seizes marijuana from patients, and although the district attorney will not prosecute these cases, the patients must seek a court order to get their medicine returned to them.

If you have been arrested, your property has been taken or you have any other legal problem related to medical marijuana, we can help you sort out the conflicting law and determine the best course of action.

Defending People Accused of Nonmedical Use

Marijuana remains an unequivocally illegal drug for people other than patients with valid prescriptions and their primary caregivers. In some cases, there is some disagreement as to whether a person arrested on a drug charge falls into one of these categories.

For instance, there may be alleged defects with your marijuana prescription, such as expiration. If you are a caregiver, you may be suspected of distributing marijuana to people other than patients.

Get The Legal Help You Need

Whatever charges you face, we will explore all standard drug defenses as well as defenses based on the medical marijuana laws. Contact us to get started responding to these serious charges.