Legal Question in Criminal Law in California
Can a person 21 years of age, who has a medical marijuana card, be arrested and ultimately convicted of a federal crime in Calif. for working in a medical marijuana cooperative, and cultivating and selling marijuana to the medical marijuana cooperative? Could the landlords of the property where these activities are occuring be charged of a crime as well?
2 Answers from Attorneys
The worker can, though I'm not sure about the landlord. The federal government has outlawed the sale and distribution of marijuana. California has declared possession and sale legal under some circumstances, but that only means its laws are in conflict with federal laws. Federal laws *always* prevail in such conflicts unless they are unconstitutional. Several court cases have challenged the constitutionality of a federal ban on medical prescriptions for marijuana. So far, though, those cases have generally been decided in favor of the feds.
California blithely ignores the federal drug laws when declaring that you can have such 'get out of jail free card'. If you do the same, then don't be surprised if arrested on federal charges, which, by the way, have mandatory prison sentences. DEA is constantly looking for growers to arrest, even if the local cops turn a blind eye. If you get busted, feel free to contact me for the legal help you are really going to need.
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