Legal Question in Criminal Law in California

Selling growing supplies to medical marijuana community

Hello,

I'm wondering about the legal implications of selling a new plant nutrient to marijuana growers. Is it illegal? Will I have a problem if I speak openly to my target market via my web site or should I couch my intention in innuendo?


Asked on 6/18/08, 2:11 pm

1 Answer from Attorneys

Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Selling growing supplies to medical marijuana community

Supplies to marijuana growers are legal - grow lights, irrigation systems, etc. That said, you are right in being cautious if you are thinking about openly marketing your products/services to marijuana growers. You could potentially be busted under federal law as participant in conspiracy to distribute marijuana. Chances might not be great (unless you are very visible and blatant about your activities) but they exist nonetheless.

To protect yourself from prosecution under state law it would be sufficient to always include a disclaimer that your products/services are intended for legal medical growers - qualified patients, primary caregivers or coops or collectives - who cultivate marijuana in compliance with the Compassionate Use Act (Proposition 215). Keep in mind, however, that there is no medical marijuana defense under the federal law and that is why you will always have some exposure if you market yourself openly.

Do not hesitate to contact my office if you have any marijuana questions. We count ourselves as among the very few and very best legal firms for medical marijuana defense.

At your service,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 6/18/08, 7:33 pm


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