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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.


  1. Dude I'd fire him. This kind of charge would be a cakewalk for any good defense attorney. My lawyer got me 654 probation instead of jail time for my FALSE dui
     
  2. [quote name='"Bong666"']thursday I was booked for possession of a small amount of hash less than 2 grams. ATM I'm out on $10,000 bail.

    All the research I've done so far points to this being a felony with up to a year in jail and has left me TERRIFIED. This is the first time I've been arrested A felony for such a small amount of hash seems insane to me.

    ====Yes I have Medical marijuana recommendation from Sona patel M.D.==== the cops said well this ain't marijuana :(

    Does anyone have any experience with this kind of case? Any idea about what kind penelties I'm facing? I'm freaking out right now and any help would be much appreciated.[/quote]

    Well did you get your hash from a dispensary or on the street? Street hash can be cut with heroin which will fuck you over big time. Hash is a felony even if you have .01 grams because it isn't in it's natural form anymore. It I no longer considered a natural substance once pressed into hash. But if it was pure hash which the judge will probably inspect it in court and it will be tested you will probably get off bc of your card or be charged as if you were someone without a card who got caught with a bud.
     

  3. Uuuuummmm no... the govt. already has it's case made why should they spend time and money testing it? They won't test it they get ton's of possession cases. I'm just surprised they actually want to prosecute.
     
  4. [quote name='"Tokey McBong"']

    Uuuuummmm no... the govt. already has it's case made why should they spend time and money testing it? They won't test it they get ton's of possession cases. I'm just surprised they actually want to prosecute.[/quote]

    The cop said "well this ain't marijuana" if he thinks it's not marijuana they will test it to see what it is. It doesn't cost more than 10 bucks to test it
     

  5. Hash isn't "marijuana" in the technical sense. It's compressed and heated trichomes which is thc but in the eyes of the law not pot. In the judicial system world marijuana refers to the buds
     
  6. [quote name='"Tokey McBong"']

    Hash isn't "marijuana" in the technical sense. It's compressed and heated trichomes which is thc but in the eyes of the law not pot. In the judicial system world marijuana refers to the buds[/quote]

    Wow really? The laws are fucking dumb dude they need to just legalize it. They spend more money on weed crimes than if they legalized it and sold their own
     

  7. Haha right that's how we all feel
     
  8. I would definately consult with a different lawyer.
    Did either you or the Attorney call the DA? :smoke:
     
  9. man my lawyer sucks he just made feel bad :( im gonna let him go to much $$$ for nothing. im gonna go with a public defender i guess :( what should i take to court? 2 copies of my marijuana recommendation and 3 copies of opinions 03-411? anything else i should add to my defense?
     
  10. can i call the DA or is it better for a lawyer to call?
     
  11. It would likely be easier for a lawyer to confer with them, but not the one you currently have. S/he doesn't sound to up-to-date on the medical laws. :smoke:
     
  12. Don't be to down because there are some compassionate judges and as long as you can present yourself as a legitimate medical user and not some drug seeking pothead enjoying "getting high legally" then you still might have a fighting chance. bring in copies of medical records and declarations from any doctor that has treated you medically for the reason you have your card (other than the doc that gave you it) you should be fine
     
  13. know any lawyers that can help let me know
     
  14. no previous felony, u should be good. plea bargain down to a misdemeanor possesion is what i think imho
     
  15. Do not fucking accept any plea deal.

    You are NOT guilty.

    Act like it.

    If the judge insists that it's not marijuana, tell him to rub some buds between his fingers and see what comes off.

    It's ridiculous to assert that hash is a felony charge. It's like saying anyone who handles the bud for distribution is making hash, because they are - on their fingers
     
  16. [quote name='"Bong666"']know any lawyers that can help let me know[/quote]

    There are many medical marijuana lawyers you can find then on some websites. Not sure exactly what ones but maybe you can find one using google in your area. Good luck man
     
  17. #77 fukinricheous, Nov 29, 2011
    Last edited by a moderator: Nov 29, 2011
    All of you are talking of how it is just a part of the plant, hash is fine etc but here is the truth.
    Once you take your legal bud and drop it in your bubble bags, you are manufacturing drugs. You become a criminal. Remember that the medical law is simply a defense you can bring up in court. Technically speaking, making concentrates or even possessing them is different than buds. They look at the manufactured drug as way more dangerous. I don't know the cali law, but where I come from the medical law is vague- they can call shake or leaf 'processed marijuana' (they say the street value is 3000 Per lmao) They can call a pile of cuttings as many plants as there are budsites. They can call your little hash oil project felony manufacture.

    IMO lawyers, especially ones with offices near the courthouse, are usually in cahoots with the judicial system. They want you to take the deal, make no splashes, just give the state a little revenue, collect a few bucks for himself and send you on your way. If he tells you your card is worthless, fire him and do not pay a penny. You would be better off with a PD than with him.

    Have the public defender make the call for you, contacting the PA in advance is a great idea. They are used to lots of similar cases, and will probably have a strategy/ or cancel your court date.

    My charges have been for different things, but they always start way too high for example: (facing one year in jail for pipe possession) and then they offer you a deal that is fucked (500$ fine, 2 days in jail), but you are so glad not to be in jail a year or have a felony, you feel quite happy to get such a light sentence.
     
  18. Dude try to get informal probation. That's what my mom said and she's a lawyer
     
  19. Look, go back to my previous post and copy all of the cases that involve hash and dismissal for medical defense, these have already set precedent. There were quite a few.

    Call the DA, ask to speak to him or her in regards to dismissing your case on the grounds of a medicinal defense and share the documents you printed from the link I left that have already set precedent.

    Easy Peasy!
     
  20. As I and many others have stated several times, concentrated marijuana is covered under the Compassionate Use Act of 1996 (Prop 215). It is legal to possess concentrates in the state of California if you have a valid doctor's recommendation.

    The OP was arrested for possession of plain hash, not hash oil. And possession is not the same as manufacturing in CA law.

    In the state of California, the definition of marijuana is:

    This definition includes MANUFACTURES, so in California law hashish is considered to be marijuana.

    The OP was not arrested for manufacturing and definitely did not use any solvents to manufacture anything. OP was arrested for simple possession of concentrated cannabis which, under CA law, is legal if you have a valid doctor's recommendation.
     

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