As Californians, it is pretty easy to take medicinal marijuana for granted, forgetting that all marijuana use is illegal under federal law. Unfortunately, some people are reminded the hard way that just because something is legal in the state doesn’t mean it is legal in the country. That’s why San Diego criminal lawyer Peter M. Liss strives to remind clients that medical marijuana use can still come with consequences.
In fact, while our local law enforcement officials generally cannot arrest someone for using medical marijuana, local police and sheriff department employees are part of the federal Narcotics Task Force, which is led by the DEA. That means that San Diego officials are getting paid state tax dollars to enforce federal laws that conflict with our state laws. It’s a conflict of interest that has led to a number of San Diego defense attorneys filing lawsuits against police and sheriff departments in San Diego after raids were conducted on local pot farms who were operating within the scope of California state law.
While a San Diego drug defense lawyer like Peter M. Liss can defend you against federal drug charges, the best way to preemptively protect yourself is to know the law and your rights. If police or federal officials insist on entering your property, demand to see a search warrant and refuse to say anything until you speak with your lawyer. Simply explaining that you have a medical marijuana prescription may help you while dealing with local law enforcement officials, but if you are being questioned by federal officials, this could be used as evidence against you.
The good news is the U.S. Department of Justice announced people and dispensaries in compliance with state marijuana laws would no longer be targeted. If you are arrested for drug charges of any kind, please call a San Diego drug attorney immediately. You can schedule a free initial consultation with Peter M. Liss by calling (760) 643-4050.
Creative Commons Image by West Midlands Police