Attorney at Law


Neal Sanders and his staff have been dedicated to representing medical marijuana (Prop 215) clients with professionalism and dignity for over 30 years. With the passage of Prop 64 regulations have been added to marijuana law allowing recreational use by any individual over 21 years of age and downgrading many of the old felony violations to misdemeanors.

If you were convicted in the past of a felony involving marijuana, it might be worthwhile to contact an attorney to talk about petitioning the court to reduce your old conviction to a misdemeanor.

Prop 64 legalizes recreational use, but there are strict guidelines for users and producers.

Proposition 64 did not change the regulations for medical marijuana (215). The new regulations are in addition to the 215 regulations that were already in place

The new regulations allows any adult, age 21 and older, to grow up to six plants, possess up to one ounce of marijuana, possessed to four grams of concentrated cannabis. 

No person is allowed to smoke marijuana in a vehicle or in a public place.

We are in the process of bringing our website up to date to reflect the changes. Below is a bare-bones outline you may find helpful of answers to some of the more common questions.

1. I've heard marijuana is still illegal federally. How does that work?

You can still be prosecuted for possession of a controlled substance in federal court if you are caught in possession of any amount of marijuana on Federal Land, even if you are a 215 patient. National Parks, BLM Land, the Post Office, Federally-funded housing (i.e. HUD or other low-income housing) and most Airports are examples of Federal properties. 

Airports and/or travel are tricky. Each airport and each state has different rules. Sometimes airport policy comes down how the airport employee you are dealing with interprets policy. The only way to ensure you won't be arrested for marijuana possession if traveling by air is not to bring any marijuana or indicia with you while traveling.

When traveling within California, 215 patients need to be 
aware that the rules and limits governing their use change each time they cross a county line and are also different city-by-city. Even if they are within local guidelines where they live, as soon as they leave their home city, they can be arrested for possessing more than what's allowed under the state guidelines, which generally allows less medicine than local regulations.

You do not have a "right" to use marijuana in federally subsidized housing, even if you are a 215 patient.

2. How do I get in on the marijuana business?

Participating in any stage of marijuana production or sales is illegal without obtaining specific permits.

It's complicated. The Bureau of Medical Cannabis, Fish & Game and the Health Department are all involved in licensing. There are six different areas of licensing. Guidelines are available through the Humboldt County Cannabis Service Division: checklist marijuana cultivation humboldt County 

3. What about marijuana and driving? 

Smoking marijuana in public or while driving a vehicle is prohibited.

Driving under the influence of marijuana is a crime similar to driving under the influence of alcohol.

Open container laws governing having marijuana in a vehicle are similar to open container laws for alcohol. However, current DMV regulations prohibit transporting marijuana, which means the new open container law conflicts with the law against transporting. Those types of issues will eventually work themselves out as cases go through the legal system. Meanwhile, it's best to avoid becoming one of the test cases.

As long as there are conflicting laws still on the books, you can't assume you know the law. A good policy would be to remain discrete in your marijuana-related activities and don't argue with the cops if you come to their attention. 

4. I’ve heard my driver’s license can be suspended for smoking marijuana, even if I was not driving. Is that true? 

If you are under the age of 21, any drug conviction, including a conviction relating to marijuana, will result in a one-year California driver’s license suspension. A court is required to revoke the driver’s license of any person who is convicted of any marijuana offense when a vehicle was involved in, or incidental to, the commission of the offense. The suspension can be as long as three years. 

Neal I. Sanders
Attorney at Law
320 I Street
Eureka, California 95501

PHONE: 707-442-4200
FAX: 707-442-1650

Business Hours:

Mon-Thursday 8AM-5PM
Friday 8AM-noon

Closed daily from noon-1PM

Closed weekends and court holidays

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