In recent months many marijuana cases have been thrown out of court in
northern California. After a major legal decision was handed down on Jan
21, 2010, the waters have been left very muddied and murky. The confusion
is based around what has become very ambiguous and uncertain laws on howm
much marijuana a legal patient can have.
gray legal area concerning the maximum amount of cannabis or marijuana
a medical marijuana patient can possess.
After a SC decision that resulted in a marijuana possesion charge being
dismissed, many other similar outcomes followed. In their ruling, a relatively
new state law was struck down by the California Supreme Court. This particular
law place a limit (eight ounces) on how much marijuana that medicinal
cannabis users could possess. The California Supreme Court decided that
when cannabis is needed to treat ailments, that it should be “reasonable.”
In 1996, the California Medical Marijuana Program extended benefits to
legalize medicinal marijuana, and there has been a rift between State
and Federal officials ever since because the Federal Government considers
all possession of marijuana to be illegal. “I wish there was a bright
line,” said Bruce Margolin. “It’s the only protection
against arrest.” Margolin is one of the nation’s most renowned
marijuana defense attorneys.
In Sacramento a carefully observed case did little to clarify what should
be viewed as a reasonable amount and in fact made things even more confusing
In this closely watched case Matthew Zugsberger was acquitted by a jury
of a felony possession charge, yet found that taking three pounds of marijuana
from the Sacramento airport to New Orleans was illegal and he was convicted
on a felony charge of marijuana transportation. After deliberating for
three days, Zugsberger was also convicted of a misdemeanor possession
charge, and ended with nothing really being solved. Grant Pegg, Zugsberger’s
attorney said, “the jury was absolutely confused”.
Regardless of the complete confusion, no political push to develop guidelines
appears in sight and the California Supreme Court has held that this is
something that must be orchestrated by the voters.
If you or loved one are charged with
possession of controlled substance or Trafficking in Nevada or California,
contact Joey Gilbert Law to discuss your rights.