Medical Marijuana Defense

Medical marijuana recommendation

Medical marijuana patients and their designated primary caregivers may legally possess and cultivate (but not distribute or sell) marijuana. A doctor’s approval is required under Health and Safety Code 11362.5 (Prop 215).

Patients must carry a letter from a doctor when possessing marijuana. The letter must recommend that the patient will benefit from marijuana use.  Even though medical THC is legal, a number of physicians and patients are still arrested and charged with violating state and federal drug laws.

medical marijuana attorney santa barbaraDefending approved medical use

Medical marijuana is legal in California, but marijuana possession is illegal according to federal law. Medical marijuana is an affirmative defense.

Arguing medical uses and Prop 215

The people of California legalized the medicinal use of marijuana with Proposition 215.


Tetrahydrocannabinol (THC), the psychoactive ingredient in cannabis, is very useful in treating all types of diseases and illnesses. THC’s medicinal properties have been known for years.

Cannabidiol (CBD) does not create a “high” and can be taken orally. Anecdotal studies have shown the CBD can reduce epilepsy in children.

Cannabigerol (CBG) is not psychoactive. It has been shown to inhibit tumor growth in mice.

THC has a variety of potential uses

THC has been used for medical purposes longer than it has been used for recreational purposes. The ancient Chinese recognized THC as one of their 50 fundamental herbs. THC has been shown to be effective in combating a number of medical conditions through:

  • Established findings — THC has been proven effective in treating asthma and glaucoma. THC also stimulates appetite, reduces pain, and combats nausea and vomiting.
  • Preliminary findings — THC may be effective against irritable bowel syndrome, fibromyalgia, adrenal diseases and migraines.
  • Anecdotal evidence — A variety of studies indicate that THC may be useful in treating:
    • Alcohol abuse.
    • Bipolar disorder.
    • Depression.
    • Leukemia.
    • Parkinson’s disease.
    • Epilepsy.
    • Sleep apnea.
    • Other physical and neurological conditions.