Clarifying the myths and misconceptions about MMJ
By Meital Manzuri
There are a lot of myths and urban legends in the medical marijuana world today and most of them are highly inaccurate. As a criminal defense attorney and consultant, I hear about these everyday. Some people come to me after they have already made mistakes because of these assumptions and been arrested for them. Some are lucky enough to cross my desk before they err and I can steer them into a more safe and legal direction. Below I try and clarify some of the biggest and most common MMJ misconceptions.
Just because your doctor says you can have 99 plants, does that mean you are authorized to grow that many
Possessing or growing a large amount of cannabis without a justification is the most common and dangerous mistake in the medical marijuana community. Unfortunately, a doctor’s note that says you can grow 99 plants does not save you completely. The California Medical Association recommends that physicians never give a dosage, because no dosage guidelines for cannabis have ever been established. Effective dosage varies greatly according to the potency and delivery form of the medication. Patients regularly control their own dosage through self-titration. That being said, a recent judge recently refused to return a patient’s meds because her recommendation did not contain dosage requirements. Therefore, the most effective dosage recommendations would say something like “patient is allowed to possess up to one pound of medical marijuana and/or grow up to 6 mature plants and 12 immature plants.” The dosage described can vary from patient to patient, but if it varies a whole lot from these numbers, your doctor should be able to justify your dosage believably in a court of law. A doctor who is willing to increase your dosage so long as you increase their fee is probably not a defense attorney or a jury’s idea of a great witness! There are circumstances where an attorney could justify a patient’s recommendation for 99 plants in a court of law, but those are few and far between.
Incorporation and a seller’s permit do not give you free rein to sell marijuana
Incorporation means you are registered with the state as a business entity and you can then begin paying taxes. Just like any other business entity, though, you must still operate within all other areas of the law. Due to the legal uncertainties in the medical marijuana world, most incorporated growers and dispensaries are operating outside of the law. The reason for this is twofold: First, the laws are so vague and poorly written, that there is no exactly “legal way” to distribute medical marijuana. Secondly, those that are growing or distributing are not consulting legal professionals to understand the nuances of the law and operate as legally as possible.
The take-home message: There are no fast and easy rules that will allow you to distribute marijuana. It is a complex, risky legal arena and you should fully educate yourself before getting involved.
Meital Manzuri is a Los Angeles-based criminal defense attorney, speaker, and consultant for countless patients, collectives and dispensaries. You can reach her with questions about medical marijuana or other criminal defense matters by phone at (310) 601-3140 or via the web at manzurilaw.com.
