Westchester County Criminal Defense & Family Law Attorneys
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Medical and Recreational Marijuana Use

In the United States, 29 states and the District of Columbia have legalized the medical use of marijuana. Other States have legalized the recreational use of marijuana. It is an industry with no clear direction as laws vary from state to state regarding both medical use and recreational use.

Complicating matters is that marijuana remains illegal under Federal Law pursuant to the Controlled Substance Act as a schedule I drug identified as a high potential for abuse. Medical marijuana use has been protected since 2014 when a law was created probating the federal government from prosecuting individuals acting under their states medical marijuana laws.

As of January 4, 2018, Attorney General Jeff Sessions is expected to reverse a policy declining to prosecute recreational marijuana on the federal level by leaving it up to the individual US Attorneys and their jurisdictions to decide if they should aggressively enforce federal marijuana laws. Jeff Sessions in the past has compared marijuana use to heroin.

In New York State, there is a medical marijuana exception to the criminal laws. In short, to qualify you must be diagnosed with a severe debilitating or life threatening conditions and must have a treating doctor certify you to receive medical marijuana.

New York does not allow recreational use of marijuana. Possession, use and sale of marijuana is illegal and the charges can range from simple possession to a serious felony charge.

If you or a loved one is charged with a marijuana offense or any drug offense call our criminal defense attorney’s today. We are published authors in the area of drug defenses and have extensive experience defending these crimes.

We have offices conveniently located in downtown White Plains and Peekskill in Westchester County, New York.

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