About Edward Martinovich, Esq. Expertise Please do not ask me questions regarding possible terms of imprisonment. Further, if your question has to do with statutes of limitation, be aware that if you have been out of the state to avoid the charges, the statute will not apply. Finally, do not ask questions such as "I want to make a will for my kids, can you write it and email it to me"
I can answer any questions regarding the criminal justice system, from arrest all the way through appeals, and for that matter, many other generic legal issues as well.
Experience I am currently a criminal defense attorney. I have approximately 5 years of experience in both civil, constitutional, labor, and criminal law. I am a member of both the California and New York bars. I am currently an attorney for Johnny Cochran's criminal defense firm.
I worked for the Legal Aid Society of New York City. I worked for the NY Civil Liberties Union, and for the New York State Attorney General-Civil Rights Division.
Education/Credentials I graduated Magna Cum Laude from the State Univ. of NY at Albany. I graduated from City University of NY School of Law in 2001, at near the top of my class. I passed both the NY and California bar exams on the first try, widely considered to be the most difficult exams in the nation.
Question Hello, thanks in advance for taking the time to answer my question. I'm curious about the whole medical marijuana issue and whether or not it is legal in California. I live in San Francisco and a couple of my friends have prescriptions for medical marijuana and they can actually go to "clinics" and purchase marijuana. How is this possible? Doesn't federal law trump state law? Do you think its a bad idea for people to get these so-called prescriptions? Is it something you could still get in trouble for?
Answer Jelena:
Well, california passed a law that allows people with valid prescriptions to obtain marijuana at these licensed places. While the Ca law allows it, federal law still prohibits possession and/or sale of MJ. There was an entire US Supreme Court case that discussed how the state can legalize something that is illegal under fed. law. Read more about it here: http://en.wikipedia.org/wiki/Gonzales_v._Raich
While you're technically correct that fed law does trump state law, its a question of enforcement. California is a big state, and the fed simply doesnt have the inclination to go after individual pot smokers, they rely on the state for that. If the state won't do it, the folks can get away with violating federal law.
I would think it is a bad idea to buy from these places, because they keep databases and records about their buyers. Its not very difficult for the fed to seize that stuff, so I would not recomend that anyone violate federal law.
