Information on New Criminal Defense Laws in California

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Landmark Marijuana Cases

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Following the passage by the California voters of Proposition 215 which de-criminalized possession and cultivation of marijuana for medical use, California legislature has passed two critical sets of statutes known as the Compassionate Use Act of 1996 (“CUA”) and the Medical Marijuana Program Act (“MMPA”) passed in 2003 and known as SB 420. While the achievement of these laws in establishing real protections for medical marijuana patients and primary caregivers is unquestionable, it has become apparent – to criminal defense attorneys and those who have faced criminal prosecution – that these statutes are deeply flawed. In short, the CUA and the MMPA contain a remarkable number of gaps and ambiguities, which continue to leave too many questions in need of an answer. These statutory shortcomings have left too many areas open to hostile interpretations by law enforcement... Read More

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