San Diego Medical Marijuana Attorney
Michael E. Cindrich is one of San Diego’s top medical marijuana attorneys. In 2009 he was nominated by San Diego City Council member Marti Emerald to be on San Diego’s Medical Marijuana Task Force. Mr. Cindrich is an advocate for medical marijuana patients across the state of California and throughout the United States. He currently serves as the Executive Director of San Diego County NORML, and is a lifetime member of the national NORML Legal Committee. A former prosecutor, Mr. Cindrich is a San Diego speaker for Law Enforcement Against Prohibition (LEAP), an organization of current and former members of law enforcement who support drug regulation rather than prohibition. Mr. Cindrich also serves as a member of the California Cannabis Coalition legal team.
Michael E. Cindrich is respected in the marijuana community for both his role as a trial attorney as well as his role as an advocate for medical marijuana patients. He regularly gives presentations concerning California’s marijuana laws and the impact that marijuana prohibition has on society. Mr. Cindrich recently spoke to a group of more than 50 attorneys at the San Diego Bar Center, sharing his expertise regarding medical marijuana laws, and educating the group on courtroom tactics for presenting a medical marijuana defense.
Press play to listen to a recent interview of Michael E. Cindrich on Cannabis Times Radio
October 12, 2011: Listen to Michael E. Cindrich discuss the current medical marijuana situation in San Diego after the recent federal threats. Mr. Cindrich’s segment starts at minute 34 (below).
Though marijuana is still a schedule I controlled substance under federal law, many states have enacted legislation that allows certain patients to use medical marijuana legally. In California, medical cannabis may be legally used and cultivated by qualified patients under Proposition 215, provided they have a recommendation from a licensed physician. State law SB 420 establishes a voluntary ID card program plus Prop. 215 guidelines for possession and cultivation effective January 1, 2004. Until recently, the state limit was set at 6 mature or 12 immature plants and 8 ounces of marijuana per qualified patient, except where a physician declares that more is needed, or where local governments authorize more. However, after the California Supreme Court decision of People v. Kelly (opinion filed 1/21/10), qualified patients and their designated primary caregivers may possess an amount of marijuana reasonably necessary for their personal medical needs.
Unfortunately, many local governments do not respect the California Medical Marijuana Laws. In San Diego, where the County Board of Supervisors refused to implement the voluntary ID card program for several years, patients face constant harassment by law enforcement. Qualified patients all over the county have faced charges of possession, possession for sale, transportation, and cultivation. An experienced and aggressive Medical Marijuana Attorney is essential in helping you to address these charges and stand up for your rights!
The Law Offices of Michael E. Cindrich APC has considerable experience representing medical marijuana patients who have been accused of violating state laws. We have represented patients, caregivers, growers, members of collectives, and alleged owners of dispensaries. Michael E. Cindrich can assist in all marijuana related cases including:
- Possession of Marijuana
- Possession of Marijuana With Intent To Sell
- Cultivation of Marijuana
- Transportation of Marijuana
- Marijuana Sales
- DUI Marijuana
- Return of Property
- Probation Modifications
- Probation Violations
- Collectives/Cooperatives
California’s medical marijuana laws are vague and confusing, and it is important to have an experienced attorney that understands exactly how to argue these cases. Michael E. Cindrich will aggressively fight on your behalf to get the charges dismissed, and your medicine returned.
Michael E. Cindrich also has considerable experience representing medical marijuana patients and primary caregivers who collectively or cooperatively associate within the State of California to cultivate marijuana for medical purposes. If you are an officer, director, or employee of a collective or cooperative, contact Michael E. Cindrich to review the legality of your operations. The Law Offices of Michael E. Cindrich APC can assist with non-profit formation, drafting membership agreements and grower certificates, negotiating leases, applying for zoning and business licenses, as well as assisting you to comply with all criminal statutes.
Mr. Cindrich is an experienced attorney who knows the system, the prosecutors, the judges, and the law. He is dedicated to achieving the best possible results for your case, and he will aggressively work on your behalf to get you through this difficult time.
Call today for a free consultation! 619-262-2500
Michael E. Cindrich: Interview with California Cannabis Coalition founder Craig Beresh
Michael E. Cindrich: Tips for New Medical Marijuana Patients
Recent Case Results***
84 Plant Collective Cultivation Case Dismissed by District Attorney
A well fought case with a great result. In this case, client was a 26 year old medical marijuana patient. She and several of her relatives came to gather to establish a medical marijuana collective that was in full compliance with California law. Police were called to her residence one night by a neighbor as a result of a domestic dispute. When they arrived at the residence, they discovered approximately 84 marijuana plants in different stages of growth. The plants were immediately confiscated, and client later received a letter from the District Attorney’s office stating that marijuana cultivation charges were being filed against her. Though Mr. Cindrich was confident that his client was legally cultivating marijuana under California’s medical marijuana laws, it became apparent that the DA’s office was not so convinced. Mr. Cindrich knew that the DA’s office would have to see strong evidence of the collective before they would be willing to dismiss this case. As a result, Mr. Cindrich was forced to present a comprehensive medical marijuana defense at the preliminary hearing. He drafted a persuasive motion, called several of the collective members to testify, and presented a compelling argument to both the Judge and the DA as to why these charges needed to be dismissed in the interests of justice. After hearing the witnesses, and seeing the defense, the DA’s office ultimately agreed. Within weeks after the preliminary hearing, the DA dismissed the case. Our client could finally return to her life as a law abiding member of society.
Not Guilty Verdict on Vehicular Manslaughter While Intoxicated Case
Another huge victory for our client and our firm! Our client was a 62 year old medical marijuana patient with no prior criminal record. Client was driving his vehicle on Zoo Pl. approaching the intersection of Florida Dr. As Client proceeded to make a left hand turn onto Florida Dr., he was struck by a motorcyclist driving recklessly and at a high rate of speed. The motorcyclist was thrown from his bike, and seconds later run over by another vehicle. Sadly, the motorcyclist died within minutes.
When police arrived on scene, they began questioning the parties involved. The investigating detective smelled marijuana on our client, who openly admitted that he was a medical marijuana patient and that he had recently smoked a small amount of marijuana. Our client immediately became a suspect, and after several hours of questioning and field sobriety tests, he was arrested for Penal Code section 191.5(b), Vehicular Manslaughter with Negligence while Intoxicated.
Attorney Michael E. Cindrich was retained and immediately began working on the case. It was clear that though the evidence was weak, the San Diego District Attorney’s office was not going to back down. The jury trial began on a Tuesday and lasted over a week. During the trial, evidence was presented by the driver of the vehicle who ran over the victim that the motorcyclist had been passing cars, weaving in and out of traffic, and traveling approximately 70 mph in a 45 mph zone. Evidence was also presented that our client performed well on some of the field sobriety tests, while performing poorly on others. It was not disputed that our client had recently smoked marijuana, but what was disputed was whether the smoking of marijuana impaired our client for the purpose of driving. Michael E. Cindrich presented a comprehensive defense, calling a toxicologist as a witness, and presenting evidence that the consumption of marijuana alone does not necessarily impair someone for the purposes of driving. Mr. Cindrich also called an accident reconstruction expert to testify regarding causation. After a week of presenting evidence, the case was submitted to the jury for deliberations.
Two days later, after living in fear for 6 months, our client finally heard the words he had been waiting for: Not Guilty! The jury had unanimously agreed that there was not enough evidence to conclude that our client was under the influence of marijuana for the purposes of driving. Put another way, they believed that though he had consumed marijuana, our client could still operate his vehicle with the caution and care of an ordinary person acting under similar circumstances. What the jury could not agree on was whether our client was the cause of the accident. On the lesser included offense of Misdemeanor Vehicular Manslaughter, the jury hung 8-4 in favor of Not Guilty. The following week, at a post-trial status conference, Michael E. Cindrich presented a compelling argument for why the lesser included offense should be dismissed in furtherance of justice under Penal Code section 1385. The judge who had sat and listened to all of the evidence at trial ultimately agreed and dismissed the remaining charge. Our client was officially a free man!
College Student on Probation Found Not Guilty of Marijuana Sales
An incredible victory for our client and for The Law Offices of Michael E. Cindrich. In this case, our client was a college student who was on probation for a non-marijuana offense. Police went to his house for a 4th waiver search and discovered approximately 2 ounces of marijuana in different containers, a scale, and approximately $120 in cash. Our client informed the officers that he was a medical marijuana patient, but they wouldn’t even look at his doctor’s recommendation. The officers got a search warrant for the house and discovered that the roommates were in possession of multiple pounds of marijuana, thousands of dollars in cash, packaging materials, pay/owe sheets, and telephones containing text messages related to drug sales. The theory of the prosecution was that this was a drug house, so all members were charged with selling marijuana. Two of the roommates plead guilty to possession of marijuana with intent to sell, but our client would not plead guilty to a crime he did not commit. On the day of trial, the prosecutor informed us that she did not believe she could prove the case beyond a reasonable doubt, and was therefore dismissing the case. She did, however, want to proceed with the probation violation hearing, which only had to be proved by a much lower preponderance of the evidence standard. Needless to say this was an extremely important hearing for our client, a loss would likely put him in jail for 180 days. Michael Cindrich was not going to let this happen. Mr. Cindrich put on a comprehensive medical marijuana defense, calling experts and witnesses to testify, and tearing apart the prosecution’s experts and witnesses on cross examination. Mr. Cindrich also carefully briefed the law as it relates to using marijuana on probation, and established that our client’s activities were lawful. At the end of all evidence, the judge ruled in our favor, and found our client not guilty of all charges and allegations!
125 Plant Collective Cultivation Case Dismissed and Property Returned
In this case, our client was a medical marijuana patient who was associating with other medical marijuana patients in order to collectively cultivate marijuana for medical purposes pursuant to California law. Police served a search warrant at our client’s residence and discovered a marijuana cultivation operation consisting of approximately 125 plants in different stages of growth. He was arrested on the scene, and later retained our office to handle his defense. Mr. Cindrich immediately began working on the case, and examining the conduct of the arresting officers. It quickly became apparent to Mr. Cindrich that the probable cause for the search warrant was suspect, and that a motion challenging the search would be required. On the date of the motion, the DA on the case came to court and informed Mr. Cindrich and his client that they would not be opposing the motion; in other words, they were not willing to present evidence as to the lawfulness of the search warrant and the related search. As a result, they had decided to dismiss the case! The DA also agreed that our client could have his property returned, including all of the grow equipment. Justice had prevailed.
Caregiver Gets Charges Dismissed and Seeks Lawsuit Against Arresting Agency
In this case, our client was the primary caregiver for his sick girlfriend. As a primary caregiver, he collectively associated with another patient in order to cultivate marijuana for medical purposes. The collective garden contained a total of 28 mature marijuana plants. The police were called to the house for unrelated purposes and discovered the marijuana grow. Though our client informed the officers that he was a primary caregiver and that the garden was a lawful collective garden, the officers proceeded to cut down the plants and arrest our client. Through careful argument, Mr. Cindrich was able to establish that the patients were authorized to possess this number of plants, and therefore they could not be convicted of this offense. The court and District Attorney ultimately agreed, and all charges were dropped. Mr. Cindrich filed a motion for the return of the growing equipment and marijuana plants which was granted by the judge. Though the grow equipment was still in good condition, the plants were destroyed and contained no medicinal value. On behalf of our client, Mr. Cindrich filed a tort claim against the City that oversees the arresting agency, demanding monetary compensation for the value of the plants and for the pain and suffering that our client had to endure while the case was open. This case is ongoing, check back soon for an update!
Medical Marijuana Patient and Caregiver Gets Charges Dismissed
Another great victory for our office and our client. In this case the defendant, who was on probation for a prior drug offense, got pulled over by the police for and expired registration. Upon contact, the officer immediately noticed the smell of marijuana. A search of the vehicle revealed approximately 42 grams of marijuana divided into four different baggies. The defendant admitted to the police officer that he was taking the marijuana to a friend, and was ultimately charged with felony transportation of more than 28.5 grams of marijuana and felony possession of marijuana with intent to sell. At the preliminary hearing on the case, the defendant was not only facing the present charges, but a probation violation on his previous case. Through careful and precise argument, Mr. Cindrich was able to convince the court that the defendant was a patient and caregiver. Through case law, Mr. Cindrich was also able to establish that the defendant could not be violated on probation for being a qualified medical marijuana patient. At the end of the hearing, the Judge declined to dismiss the case, but cautioned the District Attorney about taking such a weak case to trial. A few weeks later Mr. Cindrich received a call from the District Attorney’s office – they had decided to dismiss the entire case!!!
Medical Marijuana Patient and Caregiver Gets Infraction
A great victory for the Law Offices of Michael E. Cindrich! In this case, the defendant, a qualified medical marijuana patient and primary caregiver, was pulled over for making an illegal turn. Upon contact, the officer smelled marijuana coming from within the vehicle. A search of the defendant’s car revealed approximately 1 pound of marijuana in four different containers, and a small orange pill that turned out to be alprazolam (xanax). Defendant was also in possession of $116 in cash, and had text messages in his phone indicating that he was meeting up with a friend. The San Diego District Attorney’s Office charged him with felony possession with intent to sell marijuana, felony transportation of marijuana, and misdemeanor possession of alprazolam without a prescription. This case turned out to be a long, hard fought battle for Mr. Cindrich and his client. At appearance after appearance in court, Michael Cindrich argued his client’s innocence. Finally, on the eve of trial, the District Attorney assigned to the case called in an attempt to find a resolution. Mr. Cindrich was able to negotiate a plea that the client was incredibly happy with: dismiss all felony marijuana counts, and plead guilty to an infraction possession of alprazolam without a prescription. No probation, no fine.
Medical Marijuana Patient Booked for Sales and DUI takes Reckless Driving Plea
In this recent medical marijuana case, the defendant was pulled over for speeding at 127 mph and rapidly changing lanes. Upon contact, the officer noticed the strong smell of burnt marijuana emitting from within the vehicle. The defendant also displayed signs and symptoms consistent with recent marijuana use. The officer arrested the defendant for driving under the influence of marijuana, and proceeded to search the vehicle. During the search, the office recovered over 1 ounce of marijuana packaged in several different containers. The defendant was subsequently booked for felony possession with intent to sell marijuana, felony transportation of marijuana, and misdemeanor driving under the influence of marijuana. Through careful negotiation with the District Attorney’s Office, Michael Cindrich was able to establish that the defendant was a qualified medical marijuana patient. Mr. Cindrich was also able to dissect the evidence and show that the defendant’s urinalysis results could not be used to prove that the defendant was under the influence at the time of driving. The prosecutor finally submitted, and offered the defendant a reckless driving (VC 23103) plea which he happily accepted.
Medical Marijuana Patient with 96 Plants Get’s Great Deal
Another Medical Marijuana Case where the patient got busted growing 96 plants, well outside of the state guidelines. The patient was also charged with Child Endangerment for having his medicine accessible to his young child. Through careful negotiation with the District Attorney, Mr. Cindrich was able to get a deal that the patient was happy with: plead to 1 felony cultivation and 1 misdemeanor possession charge, informal/court probation, and the patient would be allowed to use, grow, and possess marijuana within the state guidelines while on probation. After 18 months of probation with no new charges or cases, the patient can withdraw the felony plea!
***This does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, nor does it create an attorney/client relationship. Please do not rely on any of the statements contained in this website as legal advice. Legal advice will only be given with a retainer agreement signed by Michael Cindrich.***
