Can a person be arrested for possession of medical marijuana in a state where it is illegal?
Yes, a person can be arrested for possession of medical marijuana in a state where it is illegal. In California, possession of marijuana for medical use is legal under state law, but it is still illegal according to federal law. Under federal law, marijuana is still classified as a Schedule I drug, meaning it has no accepted medical use and has a high potential for abuse. This means that even if someone has a medical marijuana card in California, it does not protect them from being arrested by federal law enforcement for possession of marijuana. Even though businesses that are licensed to distribute marijuana in California are not subject to federal prosecution, individuals in possession of marijuana can still face charges. In California, possession of small amounts of marijuana (under 28.5 grams) is only punishable by a fine, but possession of larger amounts can be charged as a misdemeanor or a felony depending on the circumstances. Possession of any amount of marijuana with intent to sell or distribute is considered a felony. Additionally, possession of marijuana on school grounds is always a felony. It is important to note that if a person is arrested on federal charges for possession of marijuana, they can face more serious penalties, including jail time. It is important to remember that even if marijuana is legal in a given state like California, people may still face federal charges if they are found in possession of marijuana. It is important to stay informed about the laws regarding marijuana and abide by them.
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