Can Medical Marijuana Users Face Criminal Charges?

Cannabis used for medical purposes, also called medical marijuana, has sparked a lot of debate. But while it has garnered reactions such as controversy, confusion, and curiosity, cannabis continues to make its name as an effective substance for easing various ailments. 

Patients suffering from conditions such as AIDS, epilepsy, glaucoma, cancer, multiple sclerosis, Crohn’s disease, and other illnesses with painful symptoms have turned to cannabis products because of their reported benefits.

However, access to this treatment is riddled with complexities. Each state has its own laws about how to handle this treatment. Therefore, it is crucial to understand the intricacies surrounding medical marijuana and the legal challenges one might face.

This article will explore when a medical marijuana user could face criminal charges despite having legal authorization for its use. If you are facing criminal charges for marijuana possession or a related charge, contact a local criminal defense attorney as soon as you can. They can explain your options and help to protect your rights.

Federal Law on Medical Marijuana

Medical marijuana, also known as medical cannabis, is a derivative of the Cannabis sativa plant. The substance eases symptoms of some medical conditions. A growing number of states are welcoming the medicinal use of cannabis, leading to rapidly changing laws and decriminalization of marijuana throughout the United States.

However, under federal laws, including the Controlled Substances Act (CSA), it is still classified as a Schedule I drug. The Schedule I category covers substances the federal government views as the most addictive and dangerous tier in the scheduling system.

The varying rules in federal and state laws create significant legal uncertainty for patients.

When Medical Marijuana Users Might Face Criminal Charges

Medical marijuana users can still face criminal charges in several scenarios, discussed below.

Possession of Quantities Beyond the State Limits

Each state that has a medical marijuana program sets a certain maximum limit on how much medical marijuana you can possess. The amount may vary in each state.

Some states allow patients to possess only a 30-day supply. Meanwhile, other states specify the exact amount one can possess. The number of cannabis plants that one can cultivate also varies from six to twelve mature plants in every state.

Marijuana possession beyond the legal limit set by your state law can result in misdemeanor or even felony criminal charges. For larger amounts, it can also result in "intent to distribute" charges and fines ranging from hundreds to thousands of dollars. You could also lose your authorization to use medical marijuana.

Crossing State Lines with Medical Marijuana

Although many states have legalized medical marijuana, transporting it across state lines is still illegal under federal law. Federal laws still classify marijuana as a Schedule I controlled substance. And interstate commerce falls under federal jurisdiction. So, transporting medical marijuana across state lines could result in federal criminal prosecution.

Interstate transportation of marijuana can result in federal drug trafficking charges with potential prison terms and fines.

The criminal charges vary depending on the quantity of marijuana being moved. It may also depend on other factors, such as whether it is a first offense or a second offense.

Sharing or Selling Medical Marijuana to Others

The authorization for medical marijuana is strictly personal. Selling or sharing your medical marijuana with others can result in criminal charges such as sale of a controlled substance or distribution charges. This can result in penalties and fines as well as suspension or revocation of your medical marijuana card.

Protecting Yourself from Criminal Charges

The following guidelines can help medical marijuana patients minimize their risk of facing criminal charges for possession and use of medical marijuana:

• Know your state laws, particularly possession of marijuana, the quantity allowed, and usage restrictions.
• Always carry your medical marijuana identification card, prescription, or other documentation that authorizes your use of medical marijuana.
• Be cautious in transporting your medical marijuana across state lines
• Never share or sell your medical marijuana
• Use only in permitted private locations
• Be truthful on all medical marijuana program applications

Even though many states are legalizing the use of medical marijuana, law enforcement authorities are still trying to keep up with the rapid changes in marijuana policy. Understanding your state’s laws is essential to protecting yourself from criminal charges.

State Medical Marijuana Laws

In 1996, California passed Proposition 215, which became the first system for medical marijuana legalization in the world. Proposition 215 was also called as Compassionate Use Act. It became a turning point for cannabis policy reform in the United States.

With this law, any adult user in California with qualifying health conditions could get a written recommendation, which would also grant them the right to use, own, or grow marijuana plants. In addition, Proposition 215 led to the creation of various medical marijuana dispensaries.

After California enacted Proposition 215, other states followed suit. At present, the following states have medical marijuana programs:

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• District of Columbia
• Florida
• Hawaii
• Illinois
• Kentucky
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Dakota
• Utah
• Vermont
• Virginia
• Washington
• West Virginia

These states have medical marijuana programs that define the amount of marijuana allowed for personal use.

Some states have specific requirements on what marijuana products are permitted. For instance, in Mississippi, the law authorizes CBD oil if the product contains more than 15% cannabidiol or a dilution of the resin, but it cannot contain more than 0.5% of tetrahydrocannabinol (THC). In Florida, the sale of marijuana with THC below 0.8% and above 10% CBD by weight is allowed.

To learn about specific rules regarding the possession or use of medical marijuana or recreational marijuana where you live, start with FindLaw’s article on Marijuana Possession Laws by State.

Medical Marijuana Caregivers

A medical Marijuana caregiver (MMJ caregiver) is an individual who can pick up the substance from a dispensary on behalf of a qualifying patient. They are responsible for caring for and assisting the patient in administering the cannabis plant. This is usually the case for patients who can no longer travel to pick up their prescriptions.

The term caregivers is also used for small cannabis growers allowed to cultivate a certain number of cannabis plants for each qualifying patient. Note that state laws could regulate this matter locally, and caregivers’ responsibilities may vary in every state.

Navigating Medical Marijuana Laws With an Attorney

Learning about the rules and legal issues surrounding the use of medical marijuana is essential. This is particularly true for those who are using marijuana products for treatment or even for recreational use. Knowing the laws is also important for caregivers and providers of medical marijuana.

A criminal defense lawyer specializing in drug crimes can help you understand the rules surrounding possession of medical marijuana. They can help you understand the laws related to drug possession, sale, or use of marijuana and marijuana paraphernalia.

FindLaw has a directory of criminal defense attorneys in each state and informational resources that you can access for free. These articles will help you better understand the issues surrounding this topic. But an attorney is your best resource for learning how state and federal law applies to your unique circumstances.