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Arrested for hash possession in CA. 11357 (A) HS

Discussion in 'Medical Marijuana Usage and Applications' started by Bong666, Nov 20, 2011.

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  1. #21 adam1120, Nov 21, 2011
    Clean ur fuking system quick and when u make it.to court say u quick till the court date due to respect for the judge
     
  2. #22 Tokey McBong, Nov 22, 2011

    shut up. they dont give a flying fuck if your dirty on your court date. He has his card so he needs to medicate. I'm on probation and the judge let me keep my card, it is a violation of the ADA to prohibit someone from using any and all necessary medications. In a way it is kind of a logical paradox
     
  3. #23 ICGreen, Nov 22, 2011
    Print out a copy of the pdf on page 1.
    Call the DA's office and ask if they intend to prosecute or dismiss it out of hand. :smoke:
     
  4. #24 sourApple408, Nov 22, 2011

    do what this guy says.

    that cop is S-T-U-P-I-D

    you can take a bottle of nyquil and nyquil tables and be like so these arent the same medicine?!?!
     
  5. #25 Bong666, Nov 22, 2011
    What? "clean" my system I need this MM:smoke: for my nausea i USED to take ondansetron its a pill that makes my belly hurt
     
  6. #26 Tokey McBong, Nov 22, 2011

    Hey I was in your same position (kinda) don't stop blazing they can't make you it's unconstitutional :hello:
     
  7. #27 Bong666, Nov 22, 2011
    gonna have a chat with my Caregiver he is gonna tell me what to say. so far he told me to tell the court i eat the hash not smoke it.
     
  8. #28 wanderingway, Nov 22, 2011

    you should go talk with the DA. You'd be surprised how they can settle things without having to go to court. That is probably the best option like the other guy said
     
  9. #29 ToastyRoadie, Nov 22, 2011
    As some have said, call the DA and inform them of your medical status. Show your script and be done.
    Same as you in the link below.

    1800420laws.com/CM/Custom/Recent-Successes.asp
     
  10. #30 ocsurfer, Nov 22, 2011
    California Health and Safety Code Section 11018 - California Attorney Resources - California Laws


     
  11. #31 UprightCitizen, Nov 23, 2011
    I really don't understand how if you go into a legal dispensary, bring out bud, and get pulled over you can flash your card and all will be fine. But if you walk out of the same legal dispensary with a concentrate you are somehow subjected to being arrested? It's bullshit. It's fucking stupid.
     
  12. #32 ocsurfer, Nov 23, 2011
    You can be arrested for bud too. It's all a matter of how local LEOs treats qualified patients. In some areas the cops just refuse to recognize prop 215. In other areas they will let you go and let you take your meds with you. The laws are such that a qualified patient with a recommendation only has an affirmative defense in court - meaning that LEOs are under no obligation to let you go if you are in possession of marijuana. It's up to you to defend yourself in court with your recommendation.

    If you have the state ID card (issued by your county) then LEOs are obligated to let you go unless they suspect fraud. Compared to the number of people with recommendations, very few people get the state ID card.
     
  13. #33 DirtySix, Nov 23, 2011
    What kind of hash were you arrested with, exactly?

    That makes a big difference.

    If it was just bubble hash or hand rubbed, it's legal

    If it was made via a chemical solvent, it is illegal. Being caught making BHO can net you the same charge as a meth lab.
     
  14. #34 Bong666, Nov 23, 2011
    bubble hash and wax
     
  15. #35 ocsurfer, Nov 23, 2011
    Making BHO is illegal under California Health and Safety Code Section 11379.6. The CUA (prop 215) does not provide protection for this activity. A state appeals court upheld the decision that 11379.6 applies to BHO.

    (Emphasis added by me).

    However, while 11379.6 prohibits the manufacturing of BHO it does not expressly prohibit the possession of BHO. I believe that possession of BHO is still protected under the CUA along with the AG's 2003 opinion on concentrates.

    If you have additional information regarding the legality of possessing BHO under the CUA I would be very interested in reading it.
     
  16. #36 MaxAmmo, Nov 23, 2011
    First offense?

    Felony will drop to misdemeanor if good behavior. Expect long probation.




    Didn't you read your doctors papers? Concentrates are not legal whatsoever.
     
  17. #37 DirtySix, Nov 23, 2011
    11357. (a) Except as authorized by law, every person who
    possesses any concentrated cannabis shall be punished by imprisonment
    in the county jail     for a period of not more than one year or by a
    fine of not more than five hundred dollars ($500), or by both such
    fine and imprisonment, or shall be punished by imprisonment in the
    state prison.
     
  18. #38 Bong666, Nov 23, 2011
    "Concentrated cannabis or hashish is included within the meaning of
    “marijuana” as that term is used in the Compassionate Use Act of 1996."
     
  19. #39 ocsurfer, Nov 24, 2011
    Last edited by a moderator: Nov 24, 2011


    You highlighted the wrong section:

    11357. (a)Except as authorized by law, every person who
    possesses any concentrated cannabis shall be punished by imprisonment
    in the county jail for a period of not more than one year or by a
    fine of not more than five hundred dollars ($500), or by both such
    fine and imprisonment, or shall be punished by imprisonment in the
    state prison.

    Under the CUA qualified patients are authorized by law to possess concentrated cannabis (see AG's opionion from 2003 already cited in this thread).

     
  20. #40 DirtySix, Nov 24, 2011

    Right, and if it's not legal to manufacture...

    Look dude, I don't know why you're trying to argue. Clearly, it isn't a case of solvents and is a case of the cop acting a dick.

    Doesn't change the fact that there's clearly room for interpretation concerning the whole law. God damn.
     
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