SAN FRANCISCO MARIJUANA LAWYER

Your Trusted Legal Partner in California Cannabis Law

 

Navigating California’s complex cannabis laws can be overwhelming, especially if you are facing criminal charges or starting a cannabis business. A San Francisco marijuana lawyer can help you understand the legal landscape, protect your rights, and ensure your business or personal activities remain compliant with state law.

Whether you are dealing with a criminal charge, seeking to expunge a prior conviction, or entering the legal cannabis industry, having an experienced attorney by your side is critical. At Geller Law, we provide comprehensive guidance and representation tailored to your unique situation.

With ever-changing regulations, from Proposition 64 to local ordinances in San Francisco, it is essential to work with a law firm experienced in California cannabis law. Our team is dedicated to helping clients navigate this evolving landscape with confidence and legal expertise. Read on to learn more about our services and how we can help you with your marijuana-related case.

 

Ever-Changing Laws Can Leave You Feeling Lost

 

California has always been regarded as a marijuana-friendly state, and currently, the state has legalized medical Marijuana and decriminalized simple possession of less than one ounce of Marijuana. This doesn’t mean that you are out of the woodwork, however, and many different types of marijuana-related charges may cause grief in your life. It is possible to be charged with a marijuana-related crime in the following instances:

• Possession of Marijuana in amounts over one ounce
• Cultivating Marijuana without a medical license
• Marijuana Sales
• Transporting Marijuana

If you face any of these criminal charges in San Francisco or the Bay Area, Geller Law is here to protect you in your time of need. Samuel Geller is a criminal defense attorney with the experience and expertise that you need when facing marijuana-related criminal charges.

A marijuana-related conviction could change your life forever, especially if you’ve been in trouble with the law before (California’s three strikes law could result in a lifetime imprisonment, even with a minor charge.) Even individuals with a clean criminal background may face a tarnished record, huge fines, and possible probation or parole if charged and convicted of a marijuana crime.

 

Legal Framework & Recent Changes

 

California’s cannabis laws are complex and constantly evolving. One of the most significant changes in recent years came with Proposition 64, also known as the Adult Use of Marijuana Act (AUMA). Passed in 2016, Proposition 64 legalized the recreational use of marijuana for adults aged 21 and over, while also establishing strict regulations for its sale, cultivation, and possession.

Key points under Proposition 64 include:

• Adults 21+ may possess up to one ounce of marijuana and grow up to six plants for personal use.
• Commercial cannabis businesses must obtain state and local licenses.
• Local governments retain the right to ban or regulate cannabis businesses within their jurisdictions.
• The law allows for the reduction or expungement of certain prior marijuana convictions.

Despite legalization at the state level, local regulations can differ widely in San Francisco and the Bay Area, making professional legal guidance essential to avoid violations that could result in fines or criminal charges.

 

Federal Law & Penalties: Understanding the Risks Beyond California

 

While California has legalized both medical and recreational marijuana, it remains illegal under federal law. The Controlled Substances Act (CSA) classifies marijuana as a Schedule I controlled substance, alongside drugs like heroin and LSD. This classification creates unique legal challenges for individuals and businesses, even in states with legalized cannabis.

Key Differences Between State and Federal Marijuana Laws

• Possession: Under federal law, even small amounts of marijuana can carry serious penalties. Possession on federal property, in national parks, or across state lines is a federal offense, regardless of state legality.
• Distribution and Trafficking: Federal law imposes severe sentences for the sale or transport of marijuana, particularly if it crosses state lines or involves large quantities. Penalties can include decades in prison and substantial fines.
• Business Operations: While California licenses cannabis businesses, federal law considers marijuana a prohibited substance. This creates challenges with banking, taxes, and contracts, as financial institutions and federal agencies must comply with federal statutes.
• Immigration Consequences: Non-citizens may face deportation or denial of entry into the U.S. for marijuana-related convictions, even if the activity was legal under California law.

Federal Penalties Can Include:

• Imprisonment: Federal sentences can range from months to decades depending on the offense and quantity involved.
• Fines: Large monetary penalties may be imposed, sometimes reaching hundreds of thousands of dollars.
• Asset Forfeiture: The federal government may seize property or assets connected to illegal marijuana activity, including vehicles, cash, and real estate.
• Criminal Record: Federal convictions carry long-term consequences that can affect employment, housing, and civil rights nationwide.

Why Federal Law Matters Even in California

Even if you are fully compliant with California’s Proposition 64, it’s crucial to understand that federal law does not recognize state legalization. Individuals traveling with cannabis across state lines, operating a business with federal ties, or on federal property risk serious legal consequences.

At Geller Law, we guide clients through the intersection of state and federal laws, helping to:

• Evaluate potential federal exposure before taking action.
• Structure business operations to minimize federal risk.
• Provide strategic defense if federal charges are brought.

Understanding these distinctions ensures that your personal use, business activities, and legal defense strategies are fully informed, protecting you from unexpected federal consequences.

 

Charges & Defenses: Expungement and Reduction of Prior Marijuana Convictions

Facing a prior marijuana-related conviction can have long-lasting consequences, even if the offense seems minor. California’s Proposition 64 not only legalized adult use of marijuana but also opened the door for individuals to clear or reduce prior marijuana convictions that are now considered legal. This can significantly improve your personal and professional life, removing barriers that a criminal record might create.

At Geller Law, we help clients navigate the process of expungement and charge reduction, ensuring they fully understand their rights and options under California law.

Who Qualifies for Expungement or Reduction?

Not every conviction is automatically eligible, but many are. Typical cases include:

• Possession of marijuana for personal use (previously considered illegal under state law).
• Cultivation of a small number of marijuana plants without a medical license.
• Sales or distribution charges that now fall under the legal limits set by Proposition 64.

Individuals who completed their sentence, probation, or parole may be eligible to petition the court for expungement or reduction, while others may qualify for early termination of probation in conjunction with record clearing.

Benefits of Expungement or Charge Reduction

Clearing a marijuana conviction can have far-reaching benefits:

• Employment Opportunities: Many employers perform background checks. Expungement can remove a significant barrier to jobs.
• Housing Access: Criminal records can affect rental applications or mortgage eligibility; expungement can improve housing options.
• Restoration of Civil Rights: Certain convictions may restrict your rights, such as voting or professional licensing; a reduced or expunged record can restore them.
• Peace of Mind: Removing the legal stigma associated with a past conviction can reduce stress and anxiety, allowing you to move forward confidently.

Our Approach to Expungement and Reduction

At Geller Law, we handle every step of the process with precision and care:

• Case Review: We thoroughly evaluate your criminal record to determine eligibility under Proposition 64 and other relevant laws.
• Legal Filing: Our attorneys prepare and file petitions with the court, ensuring all documentation meets legal requirements.
• Court Representation: We represent clients in hearings, advocating for the dismissal or reduction of charges.
• Follow-Up: We track the case to completion and provide guidance on maintaining compliance with all legal obligations.

By leveraging our expertise, we maximize the likelihood of a favorable outcome, helping clients move past their previous convictions and reclaim opportunities that were previously out of reach.

 

Our Marijuana Defense Services

At Geller Law, we understand that facing criminal charges can be a daunting experience. We also recognize the importance of having a solid defense when charged with any marijuana-related crime. That’s why we offer various services to ensure you have the best defense for your case. Our services include:

• Case Evaluation: We offer a free initial consultation to evaluate your case and determine the best course of action.
• Legal Representation: Our experienced attorney will represent you in court, advocating for your rights and working towards a positive outcome.
• Investigation and Research: We conduct thorough investigations to build a strong defense for your case.
• Negotiation and Plea Bargaining: We are skilled negotiators and will work with the prosecution to seek reduced charges or penalties, if possible.
• Appeals: If you have been convicted of a marijuana-related crime, we can assist with the appeals process to potentially overturn the verdict.

 

Why Choose Geller Law

 

At Geller Law, we understand that facing criminal charges can significantly impact your life. That’s why we are dedicated to providing personalized and compassionate legal services to every one of our clients. Here are some reasons why you should choose us as your San Francisco drug crime lawyers:

• Expertise and Experience: Our lead attorney, Samuel Geller, has a proven track record of successfully defending cannabis clients in the greater Bay Area, including San Francisco.
• Knowledge of Laws and Legal Processes: Our law firm stays up-to-date with the ever-changing marijuana laws in California and is well-versed in the legal processes involved in defending criminal charges.
• Personalized Attention: We understand that every case is unique and tailor our defense strategies to fit your specific needs.
• Strong Advocacy: We are passionate about defending the rights of our cannabis clients and will work tirelessly to ensure that you receive a fair trial.

 

Client Testimonials: Building Trust Through Proven Success

 

Choosing the right legal representation can make all the difference in a challenging legal battle. At Geller Law, we take immense pride in the positive outcomes we achieve for our clients. Here’s what some of our clients have shared about their experiences:

• “Samuel Geller turned my life around. After being charged with possession, I was terrified about the future. His dedication and expertise resulted in a dismissal of my case. I can’t thank him enough.” – J.M.
• “I was facing overwhelming legal challenges related to my cannabis business licensing. Samuel’s attention to detail and guidance saved my business from potential shutdown. Highly recommend!” – R.B.
• “From our first meeting, I knew I was in good hands. Samuel treated me with respect and made sure I understood every step of the process. He successfully reduced my charges, and I am forever grateful.” – K.T.

Your success is our mission. Trust Geller Law to provide the advocacy you deserve.