In a recently published California Federal District Court case, U.S. v. Stacy, the defendant was not entitled to present a "medical marijuana" defense to his federal drug charges. The defendant's compliance with California state law regarding medical marijuana did not grant him immunity under federal law.
Therefore, in his federal prosecution for possession with intent to distribute marijuana and manufacture and sale of marijuana, the defendant was not entitled to present a "medical marijuana" defense that he was cultivating and distributing marijuana for medicinal purposes in compliance with state law and had a good faith belief that he was acting lawfully.
Case law and analysis by Drug Crimes Lawyer Scott D. Hughes.
Scott Hughes is a criminal defense lawyer in Newport Beach, California practicing in State and Federal Court.