Medical Marijuana Prescriptions in California

California Laws Related to Medical Marijuana

On November 5, 1996, the California legislation adapted Proposition 215 into law. Also known as the Compassionate Use Act of 1996, the legislation allowed marijuana to be used by certain persons for medical reasons. Since then it has been added to the California Health and Safety Code as §11362.5, which allows medical patients and their designated primary caregivers to legally possess and cultivate (but not distribute or sell) marijuana under if they have a valid physician's recommendation or approval.

A valid physician is one that is licensed and in good standing to practice medicine with the Medical Board of California. The physician must have taken responsibility for an aspect of the person's medical care, including, but not limited to, an examination, diagnosis, or counseling, before recording into the person's chart that they have a serious medical conditions qualifying them for the use of medicinal marijuana. The person must be prepared and willing to present any medical health records requested.

The knowledgeable DUI and Criminal Defense Attorneys at Hoffman & Associates use creative, alternative strategies to assist clients who may be falsely accused of marijuana possession. We stay abreast of the changing legal developments related to medical marijuana and will fight to protect your rights and good reputation.

Prescriptions for Medical Marijuana in California

California residents over the age of 18 who have a serious medical condition with documentation as proof meet the threshold requirements to receive a medical marijuana prescription. Some of the conditions established as serious include, but are not limited to, the following:

  • Acquired immune deficiency syndrome (AIDS)
  • Anorexia
  • Arthritis.
  • Cancer
  • Chronic pain
  • Glaucoma
  • Migraines
  • Persistent muscle spasms, including, but not limited to, spasms associated with multiple sclerosis
  • Seizures, including, but not limited to, seizures associated with epilepsy
  • Severe nausea.
  • Additional conditions that substantially limit the person's ability to conduct one or more of life's activities, and if not alleviated may cause serious harm to the person's physical or mental health.
Marijuana Possession and Medical Marijuana in California

If you do not possess a valid prescription for medical marijuana, the penalties for possession of small amounts of the drug have changed. On January 1, 2011 possession of one ounce or less of marijuana was downgraded to an infraction and is no longer considered a misdemeanor under California Heath & Safety Code Section 11357(b). The punishment for this infraction is a maximum fine of $100 fine (plus fees). However, a criminal record is created nonetheless, which can be embarrassing.

The qualified defense attorneys at Hoffman & Associates understand that much of the fear and anxiety our clients experience related to the legal system are the result of dealing with the unknown. We take the time to learn about your case and carefully explain the legal process and your options to you. For a more complete understanding of the laws relating to medical marijuana in California, contact us for a phone or office consultation. Our skilled attorneys practice in courts throughout California, including the courts in Los Angeles, Orange County, and San Diego.

Client Reviews
I can't begin to thank Mr. Hoffman enough for his extensive efforts throughout the entire case. He went absolutely above and beyond throughout the entire process. From day one he was immediately actively pursuing ways to prevent my case from ever going to court and once that was no longer an option, actively began working on getting the case ultimately dismissed. His communication was consistent and reassuring, despite my frantic worries all the time... Micaiah Botts
My family and I simply owe our life and future to Ron Hoffman. If you are looking for a lawyer that goes above and beyond the call of duty you can't find a better lawyer than Ron. He took my case head on from the moment I called his office. I was involved in an accidental hit and run where I was unaware of the injury. Every step of the way, Ron guided me through an almost two year long investigation and court settlement process and was constantly by my side through out every crossroad... Bill Martin
Ron Hoffman and his staff were Fantastic when dealing with such a serious issue of DUI. When I first Called Ron I was very nervous and worried for my daughter and her freedom. She had a failure to appear on top of her DUI and I knew just how bad this could be. Ron was able to immediately put me at ease and gave me the confidence that there was hope and a light at the end of the tunnel. Ron was able to get the failure to appear dismissed and also no jail time for my daughter... Claude Brown
I have been working with Mr. Hoffman for over 11 years. I have seen first hand his genuine dedication to his clients, and how his experience, knowledge and passion have gotten clients fantastic results. He treats each of his clients as his only client, and takes the time to develop detailed strategies and defenses for each individual case. I have never hesitated to refer Mr. Hoffman to anyone who has asked me for a good Criminal Defense attorney. He is a fantastic attorney!... Neeta P.
I had a DUI issue recently. I have never had a problem with the law as serious as this one. I did panic a bit after and knew I had to get a lawyer to help my future. I researched the Web and read the reviews for awesome DUI Lawyers. Hiring a lawyer can be intimidating. Ron's 30 years experience and step by step guidance helped me with my case. Jonie was amazing with keeping me calm. Ron Hoffman is a great lawyer and I would refer any friends or family to him... Manuel Gomez
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Ron and his team were the perfect pairing for what I needed taken care of. Every step of the way he was extremely helpful and informative (not his first rodeo). His work ethic and attitude were exemplary and it showed with the results of using his services. I would recommend anyone I know to give Ron a call if they need help in his realm of expertise. Many thanks Ron and associates!... Donald N.
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