Clients, Friends & Affiliations
Cannabis Law Advisors in California
When you are venturing into the realm of cannabis business, it is critical to remember that cannabis regulations are a world of blurred lines with ever-changing rules and stiff penalties for violations. Let our experts mind the law so you can focus on your passion for the plant.
Navigating California Cannabis Rights and Regulations
There are many misconceptions about cannabis law. Under California law, cannabis is still generally illegal other than in limited circumstances. However, the voter-approved cannabis laws provide patients with an “affirmative defense,” essentially providing valid patients with immunity from prosecution while adults may legally possess and cultivate limited amounts for personal adult use. Federal law still considers marijuana a Schedule I controlled substance, with no medical use allowed.
Areas of Practice
Trusted Cannabis Legal Insight in California
One of the most contested issues in California is the fact that police departments and law enforcement organizations, along with District Attorneys’ Offices statewide, continue to take the position that marijuana activity is illegal and deserving of criminal prosecution. With the recent passage of Prop. 64, most marijuana offenses are now misdemeanors regardless of the quantity possessed or cultivated. Police officers have tremendous discretion when investigating cannabis activity and more often than not, individuals are not arrested but rather given citations to appear in court for possible misdemeanor charges.
This means that law enforcement can arrest you, and the District Attorney has the option to prosecute you. Once you are charged, it is up to you to present your defense and establish immunity under the law. We can help you do that. Additionally, we can communicate with law enforcement agents and prosecutors to prevent unnecessary prosecutions.
Practice Areas:
Guidance for California Cannabis Users and Patients
There are many misconceptions about cannabis laws. Under California law, adults can legally possess up to an ounce of cannabis flower and up to eight grams of cannabis concentrate/extract.
Medical patients in possession of a valid medical recommendation or State-issued Medical Marijuana ID card may possess up to eight ounces of cannabis but this only provides patients with an “affirmative defense,” essentially providing valid patients with immunity from prosecution which only becomes relevant in a criminal proceeding. Federal law still considers marijuana a Schedule I controlled substance, with no medical use allowed. Even if you have authorization from a physician for cannabis, you are still in violation of federal law pursuant to 21 USC § 841.
Our firm is actively involved in advocating for changes to Federal policy and actively support California and National cannabis organizations.
Legal Support for Cannabis Cultivation and Distribution in CA
Federal law prohibits cultivating, distributing or selling cannabis regardless of the amount or circumstance. One of the most contested issues in California is the fact that police departments and law enforcement organizations, along with District Attorneys’ Offices statewide, continue to take the position that the vast majority of all cannabis conduct is illegal until the individual proves it is not.
This means that law enforcement can and will arrest you, and the District Attorney has the option to prosecute you. Once you are charged, it is up to you to present your defense and establish immunity under the law. We can help you do that.
Additionally, if we are involved early enough in the process, we can communicate with law enforcement agents and prosecutors to prevent unnecessary prosecutions from proceeding forward.
If you have further questions, visit our FAQ page or speak with one of our cannabis law attorneys.
Hear From Our Happy Clients
Our Reviews & Testimonials
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Steve N.
One of the best attorneys I've had the privilege of working with in my entire life He cares about his clients, takes care of business, and always gets the best results. I would recommend him highly to anybody that has an issue and if you use my name you'll probably get a better price but don't tell him I said that.
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“The amount of experience, knowledge, and expertise in the criminal and cannabis field is incredible”Harry A.
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“He has always done a good job and gone the extra mile for me.”Matt C
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Roddy D.
As a colleague, I have the privilege of witnessing Eric's success on a large scale. He is a great human being and genuinely cares about his clients. He is honest, never sugar coats, says what he means, and means what he says. Any client should feel blessed to have this Jedi-Attorney on their team!
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Eric Shevin is an outstanding attorney. He is patient, concise, honest, and always answers your calls with any questions you may have. His fees are also very reasonable. It has been a pleasure working with him in the past few years that i have known him. I highly recommend him.Shoram Z.
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“He cares deeply about his clients and has a track record of success for 30 years”Carolyn R.
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Wesley H.
Have used the Law Offices of Eric Shevin for a variety of legal services ranging from complex business structuring to short contract negotiations. The services were always excellent, on-time, and cost effective.
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Bob M.
I've been a client of Eric Shevin's for over 10 years in a variety of different matters. Excellent staff & attention to detail. I highly recommend his Law Group.
