At times, we receive calls from qualified patients and medical marijuana collective and cooperative operators and employees who have questions about transportation of medical marijuana, including how much can they transport and what is the safest way to transport marijuana.
The California courts first considered some of these questions in People v. Trippet. In that case, the Court of Appeal held that individual qualified patients had an affirmative defense to charges of criminal transportation of marijuana. The court also set forth in Trippet that this defense did not let qualified patients unlimited quantities of marijuana with them. Rather, the transportation and the amount possess had to be reasonably related to the qualified’s patients medical needs and the purpose of the trip. For example, a qualified patient going on a month-long retreat to a cabin might need to travel with more than one going on a weekend trip.
For medical marijuana collective and cooperative operators, employees, and delivery drivers, these are more complicated questions. There is no clear golden rule about how much these operators can transport at a time on behalf of the membership, but using good judgment is always a good place to start.
If you are an individual qualified patient or transporting medical marijuana on behalf of a collective or a cooperative, you need to know your rights, not only under California’s medical marijuana laws, but also under the Constitution – particularly the Fourth Amendment. If you encounter police, remember your rights to be free from unreasonable search and seizure. For example, you can — and should always — politely refuse to consent if a police officer asks to search your vehicle.
If you are facing charges for felony transportation of marijuana, possession with intent to sell marijuana, possession of marijuana while driving a motor vehicle as a misdemeanor or infraction under Vehicle Code section 23222, subdivision (b), or possession of marijuana or concentrated cannabis as an infraction or a misdemeanor, you need to contact us today to discuss your defense under California’s medical marijuana laws and whether an unlawful search and seizure occurred.
If you operate a medical marijuana collective or cooperative or work for one, contact us to discuss how to obey California’s medical marijuana laws and best practices for transporting medical marijuana on behalf of the membership. You can also contact us to discuss the City of San Diego’s proposed ban on medical marijuana delivery services, except for those affiliated with storefront consumer cooperatives licensed by the City. San Diego medical marijuana attorney Jessica McElfresh also can train your employees and collective members on their constitutional rights to be free from search and seizure in a fun and engaging presentation that can be tailored to suit your needs, concerns, and questions. Contact us today for a free legal consultation when you call (858) 756-7107.
California marijuana laws change frequently. For updated information, see the following pages: Medicinal Uses of Marijuana and Recreational Marijuana Business