Despite the recent change in the law regarding medical marijuana, cultivation, or growing marijuana, is a very serious crime in the state of Pennsylvania. Penalties include fines of up to $15,000 and spending between 1 and 5 years in state prison. If you or a loved one is facing cultivation charges, you may be worried about having your life torn apart. On top of criminal penalties, a conviction could mean a ruined career and personal relationships that are forever changed.

At Fienman Defense, we understand that dealing with criminal charges can be frustrating and emotional. Call (215) 839-9529 now to see how we can work together to remove the worry these charges have caused.

Marijuana Legal for Medical Purposes

Earlier this year, the House of Representatives voted to legalize medical marijuana, making Pennsylvania the 24th state to do so. The main drive behind this historic legislation involved the parents of children with debilitating seizures, who traveled to Philadelphia to have their voices heard. They believe that the oil extracted from marijuana plants can be used to treat seizures and other serious disorders, the likes of which have permanently disabled thousands of children. While this bill is monumental for legalizing marijuana, it is also restrictive. Only those with the following disorders will have access to the drug for medical purposes:

  • Cancer
  • Epilepsy
  • Autism
  • Parkinson’s Disease
  • PTSD
  • Sickle Cell Disease
  • Other Auto-Immune Disorders

Medical marijuana will only be allowed in certain forms under the new bill, including pill, oil, vapor, and liquid. In addition, patients will be disallowed from smoking the plant and growing their own. Those wishing to obtain medical marijuana for treatment will also be required to get a Department of Health ID card. While the marijuana supply is not expected to exist for a couple of years, those who qualify will be allowed to seek it out in other states.

Medical Necessity Defense

In many cases, society as a whole is willing to look the other way when the illegal conduct occurs, but only if it is done to avoid a greater evil. This is the basis of the medical necessity defense that allows the removal of charges despite apparent culpability. It reflects the government’s understanding that people must sometimes choose between breaking the law and an even greater evil.

In cases involving marijuana cultivation, the medical necessity defense can often be applied. A person may have needed to grow marijuana to treat themselves or a loved one. Since cultivation is illegal and medical marijuana is restricted to those with specific conditions, the person would have to choose between two evils: breaking the law for treatment or being idle while a disease runs its course.

Contact Fienman Defense to Protect Your Freedom

In ta court of law, two things must be proven for the medical necessity defense to be effective:

  1. The person did not knowingly break the law;

  2. that the same medical benefits could not have been achieved through less offensive means.

These points can be difficult to prove, which is why working with a skilled Philadelphia marijuana lawyer is essential.

Since cultivation is currently illegal and existing medical laws only protect certain groups, you may have had no choice but to engage in illegal activity. Contact Fienman Defense today at (215) 839-9529 to see how we can protect your rights.

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