Legal Question in Criminal Law in California

Unfortunately, Proposition 215 is still being defined by the courts. Like most ballot initiatives, some parts of it have raised more questions than it answered.

Proposition 215 was codified as Health & Safety Code �11362.5, which includes the provision that "Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others...."

Bottom line: Prop 215 is not a defense to child endangerment charges. Whether your particular situation would pose a danger to the kids depends on the circumstances.

Keep in mind that Prop 215 is not a "get out jail free" card. It is an affirmative defense, which means you can still be arrested and prosecuted, but you can raise the issue at trial to get the case dismissed.

I wish I could give you a definite answer, but the law is not clear. I always tell people who intend to grow medicinal cannabis to understand the law, and to weigh their need against the possibility that they will be prosecuted for going beyond the provisions of the law, even if they are eventually found not guilty or charges are dismissed.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like LawGuru, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

I suggest against doing so. I know of several occassions where children have been taken by Social Services because of this exact situation. They are returned but not after a long and expensive court battle. Better to visit one of the dispensaries.

I know it is BS and I deal with this problem on a day-to-day basis, but because of the nature of what MMJ is, it is just not worth the problems it can cause.

Scott

420Lawyer.com

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at 420Lawyer.com

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