Legal Question in Criminal Law in California

Re: three strike ca law

The so-called Three Strikes And You're Out law is a California state law. Medical marijuana use and cultivation is not a crime under state law. It is still theoretically possible that that one could be prosecuted under federal law for marijuana use or cultivation that would be legal under state law, but the Attorney General has declared that the federal authorities will not do so. I think you can expect the feds to continue to go after large scale grow operations and marijuana dealers, but we are talking bales, not baggies.

Re: three strike ca law

As someone who considers himself an expert in medical marijuana, including in advising medical marijuana collectives, I can tell you that there is no such thing as a safe operation either from the federal or state point of view. If I had two strikes on my record I would get as far away as possible from any growing or dispensing operation. Feel free to give me call if you would like to discuss.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

Re: three strike ca law

Three Strikes is a state law. If you are sentenced for a federal crime, the Three Strikes laws will not affect that sentence. However, if you have a federal conviction in your past, it can be counted as a strike if and when you are subsequently convicted of a state crime.