How Much Medical Marijuana Is Considered Personal Use?


Posted by Edie Lerman | May 13 2011 | 5442 views | Comments ↓
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By Edie Lerman

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Personal Use Medical Marijuana

When talking to police, don't discuss how much a pateitn uses.
(Click to enlarge)

" I have spoken to patients who insist that if they don’t have pounds and pounds in their closet they might run out.  "

What is an amount of Medical Marijuana relevant to personal medical use? It is a term very relevant to Medical Cannabis litigation in California. And it actually comes into question more often than just relating to medicinal use. It becomes relevant in many drug cases where patients are accused of actually being dealers. 

I have spoken to many patients regarding the amount of Medical Marijuana related to their personal needs. Talking to a patient about how much cannabis they need is always a complex topic. Often times, patient-cultivators are very out of touch with how much cannabis they consume. This can be for all sorts of reasons. They forget that they turn it into butter, pultices, juices, tinctures, salves, etc. Everyone has a different amount of cannabis that they feel comfortable with. For instance, I have spoken to patients who insist that if they don’t have pounds and pounds in their closet they might run out.
 
Who cares about personal medical use anyway? The law in California does—especially the police and the prosecutor. A patient in California is basically allowed to possess however much cannabis is reasonably related to their personal medical use. All this talk of state minimums doesn't really matter in front of a judge and a jury under the law in California as it stands now.
 
Usually the worst thing a patient can do is decide to talk to the friendly or not so friendly law enforcement officer about how they use cannabis. Often times, patients are nervous. They don’t want the cop to think that they are stoned all day long, so they downplay their cannabis use. Then the police use those statements to show that the cannabis was not for medical use.

It just goes to show that one should always choose to remain silent if they are being detained or arrested. Like the fisherman say, “Even a fish would not get caught if it just kept its mouth shut.”

Edie@lawyer.com / www.cannabisdefense.com/

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Article by Edie Lerman, on May. 13th 2011

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