I have been asked a lot of questions about delivery services. First, a delivery service must be conducted by a medical marijuana collective, that is a mutual benefit non-profit corporation that dispenses medications only to qualified members. If the delivery service is not a medical marijuana collective it is subject to criminal prosecution for the sale of marijuana. Recently there have been a number of criminal complaints filed against delivery services. I am providing the criminal defense for the delivery services which I represent. California’s medical marijuana laws provide defenses against criminal prosecution for the cultivation, transportation and distribution of medical marijuana by a medical marijuana collective. The defenses against criminal prosecution are, however, an affirmative which is waved if not asserted. What this means is that if a not guilty plea is entered before the motion to dismiss the criminal charges is made, you wave the defense of California’s Medical Marijuana Laws. Last week in the Superior Court in Rancho Cucamonga I had to withdraw the not guilty plea that had been entered by a medical marijuana collective and the judge gave me permission to file the motion to dismiss the criminal charges. For delivery services there are also important issues related to how the delivery service obtains the marijuana for delivery to qualified members (patients). I will discuss this in a separate Email.
Posted on: Fri, 23 Aug 2013 22:55:55 +0000
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