San Francisco Superior Court
Client was arrested after traffic stop with 7 lbs of marijuana. Both he and his girlfriend were in possession of current medicinal cannabis cards. However, the law limits the amount of medicinal marijuana a person can possess or grow. The client was also part of a collective of designated caregivers and qualified patients. That allowed the client to transport and/or possess more marijuana as it was for purposes of use by the entire collective. This evidence was presented to the district attorney immediately. The district attorney declined to file any criminal charges.
CHARGES NOT FILED. CASE DISMISSED.
San Francisco Superior Court
Client was arrested after a traffic stop with 1 lb. of marijuana. He did not have a current medicinal cannabis card. Client was a designated caregiver to an AIDs patient who did have a current card. The law now requires that designated caregivers have a greater role in the qualified patient's life beyond just supplying medicinal marijuana. Evidence of the relationship between the client and the patient was immediately presented to the district attorney.
CHARGES WITHDRAWN. CASE DISMISSED. The Office of John D. Forsyth is assisting the client in the development of a medicinal marijuana collective that will be in compliance with the Compassionate Use Act.
San Francisco County Superior Court
Client was a Yurok tribal member from Humboldt County. He and two friends were arrested in San Francisco in possession of 6 pounds of marijuana. The client admitted that 3 pounds of the marijuana were his. He was charged with felony possession for sale and felony transportation of marijuana. Client is a legitimate medical marijuana user. Our office filed a motion challenging the recent changes to the medical marijuana law that only allows possession of ½ pound (8 oz) of marijuana by medical users. The basis for the motion is that the Compassionate Use Act of 1996 (Proposition 215) was put into law by the voters of California. Our state constitution does not allow the legislature to make changes to laws that are enacted by popular vote unless the law specifically allows for such. The case proceeded to preliminary exam where the court would have to rule on our motion. The district attorney reduced the charges to misdemeanor possession and a $100.00 fine. No restrictions were placed on the client's ability to continue to use medical marijuana.
FELONY CHARGES REDUCED TO MISDEMEANOR. NO JAIL. Special thanks to the office of William Panzer for his gracious help and support in this case.
Note: Exactly one week after this case was settled the California Court of Appeals ruled that the legislative changes to the Compassionate Use Act that limited medical marijuana users to only possessing 8 oz. of marijuana were unconstitutional.