Distribution of Medical Marijuana

A New York Criminal Defense Attorney Explains Rules for Distribution of Medical Marijuana

The state of New York has a medical marijuana program, which was created when Governor Andrew Cuomo and the New York legislature enacted the Compassionate Care Act. The Compassionate Care Act makes it possible for individuals with certain medical conditions to possess and use cannabis products without fear of arrest and prosecution. Medical care providers who prescribe to these patients are also protected, as are licensed individuals who cultivate and distribute medical marijuana.

The passage of the law, however, does not mean that no one in the state will face charges for distribution of medical marijuana. Those who are in the business of growing or selling legal marijuana must abide by rules, regulations and limitations or they could risk loss of their medical marijuana license. There were just five licenses issued for organizations to grow and sell marijuana in NY, so all others who did not receive these licenses can still face penalties for distribution.

While NY has taken steps in the right direction, the federal government and NY both continue to list marijuana as a Schedule I controlled substance. Further, the federal government has made no efforts at decriminalization or legalizing medical marijuana on a nationwide level. As a result, defendants could potentially still be charged with a federal crime for marijuana distribution.

If you are charged with distributing marijuana, you need to ensure you are represented by an attorney who knows the laws for medical marijuana and who understands what prosecutors must prove to show you’re guilty of illegal distribution of cannabis products. Bukh Law Firm, PLLC has a long track record of defending clients in drug cases and our legal team knows the laws well and can put our experience to work on your case.

Laws on Medical Marijuana Distribution

In the state of New York, five organizations were given a license for the cultivation and distribution of medical marijuana. The organizations have to be registered with the state and the cultivation of marijuana must occur entirely within New York’s borders. Each of the licensed organizations plans to open up a total of four dispensaries, which will be spread throughout New York State with several dispensaries in New York City including in Manhattan as well as in the Bronx and in Queens.

Patients who wish to shop at dispensaries will need to obtain a prescription from a licensed medical care provider for medical marijuana. Providers have to be qualified to treat patients with conditions that are severe, debilitating or life-threatening enough to entitle a patient to medical cannabis. These conditions include cancer, infection from HIV or Aids, Parkinson’s, ALS, multiple sclerosis, spinal cord injury accompanied by spasticity, inflammatory bowel disease, epilepsy and other seizure disorders, Huntington’s disease, and neuropathy. Providers also have to take a special four-hour course before prescribing medical marijuana.

Provided all parties are in compliance with these requirements, neither dispensaries which distribute marijuana nor patients who procure it will be charged with a crime in NY. The Rohrabacher-Farr amendment was also passed as part of a federal spending bill to prohibit the Department of Justice from using any federal money to pursue cases against those in compliance with their own state laws on medical marijuana. As a result, licensed dispensers and patients in NY should not have to worry about facing federal charges for distribution.

Those who operate outside of the legal framework, however can still be charged with a crime as marijuana generally remains illegal in both NY and on the federal level. While a person with small amounts of marijuana for personal use now faces only a fine in New York, someone who is charged with distributing marijuana could potentially be sentenced to a long jail term depending upon both the amount of marijuana as well as whether the defendant is facing state or federal charges.

How a NYC Drug Crimes Defense Lawyer Can Help

If you are charged with distribution of medical marijuana, you should speak with an experienced legal professional right away to understand the legal solutions which could be available to you. Bukh Law Firm, PLLC understands the NY laws on medical marijuana as well as federal laws related to cannabis distribution. Give us a call today so we can begin working on fighting for your freedom.