Food and Drug Administration (FDA) Disclosure:

The statements in this forum have not been evaluated by the Food and Drug Administration and are generated by non-professional writers. Any products described are not intended to diagnose, treat, cure, or prevent any disease.

Website Disclosure:

This forum contains general information about diet, health and nutrition. The information is not advice and is not a substitute for advice from a healthcare professional.

Need Help for Upcoming Court Date

Discussion in 'Medical Marijuana Usage and Applications' started by mariahcarey, Apr 5, 2010.

  1. #1 mariahcarey, Apr 5, 2010
    About an hour ago a police officer happened to find me in the car with a friend getting ready to smoke, but we hadn't smoked just yet.
    I just recently got my recommendation from a physician at MMEC, but opted out for the county club card because I was told it was not necessary.
    The police officer wrote me a notice to appear because I did not have an ID card and only had the recommendation; the notice just says possession of less than an ounce.
    He also took my scale (which I use for double checking dealers), my grinder, and 6 different strains of about almost 2 grams each. He also searched my car with a K-9 which made my car pretty dirty, and looked through my texts but found nothing to implicate me in selling of marijuana, because I don't sell, I just smoke out friends sometimes.

    In California, is it legal to possess marijuana with the recommendation only? Or is it neccessary for me to have a card of some sort, such as the county club card or something else? Do I have a case, or should I just pay the fine?

    Thank you.
     
  2. #2 FadedSplif, Apr 6, 2010
    You don't need a card, the recommendation should be good enough. At least it's like that in LA where I'm at. Now, the part that sucks is that you were in a car. You're not supposed to smoke in a running vehicle, so if the keys were out of the ignition, that should help you. Also you said you had a bunch of different varieties. If they were in different containers the officer could have fucked you over for intent to sell, but if he gave you possession then thats not so bad. Forget paying it of, challenge the ticket. Tell the judge you were gonna smoke by yourself (though if the cop can prove your friend was gonna blaze too you might loose the recommendation and have to pay the ticket). Bring in all paperwork to court, like your recommendation and any paperwork you needed to obtain it. Also, talk to a REAL lawyer instead of seeking advice from grasscity members on penal codes.
     
  3. #3 mariahcarey, Apr 6, 2010
    My keys were in the ignition but the engine was off. Would this make any difference?
    I decided to call my local police department and they ended up patching me to a sergeant who told me I was wrong, and that the state ID card was the necessary identification needed.
    But then I ended up arguing with him about various sources that we had, but he eventually realized that he had overlooked the part where it said only the recommendation was needed. The sarge was a decent guy, but it looks like the whole police department were

    I'm going to court tomorrow to have my ticket dismissed. The sergeant told me I could get my property back if the court orders it, so I'm going to have to mention that as well. Would it be possible to get a court order to get my weed returned without having to go to court because I asked to dismiss the ticket?

    Thanks again.
     
  4. #4 weedandbombs, Apr 6, 2010
    Regardless of whether the car is running or not, if your keys are in the ignition, its bad news.

    I always have my MediCann ID on me and the recommendation with a copy of my driver's license in my glovebox.

    Granted, I never smoke weed in my car... but if I got pulled over - say, just coming from a dispensary with like 6 different strains in my bag - I'd fight like hell against a possession ticket.

    I find it odd how they're try to pin "intent to sell" - like.. really? I'm not allowed to buy a variety of weed from the club? AGH!
     
  5. #5 Zoom420, Apr 6, 2010
    Last edited by a moderator: Apr 6, 2010
    DUI is likely a nonissue if you were not arrested and tested for being under the influence. Sales is also probably a non issue. The DA will review that. If you had a scale and 8 "Bags/flavors" some might start to make that connection.. so you might want to take a little preemptive action.

    What were you cited for - 11357b or 23222 or what? It will say on your promise to appear numbers indicating what code you were charged with violating.

    In either case, make a copy of your rec, the ticket, and your license and then call the District Attorney and see if you need to fax it over. That will save them time with filing/investigating this. THey dont want to waste their time either. Then you can ask them to find out how you can go about getting your stuff back. You might be able to get it back with some effort.

    The state MJ ID is not mandatory. The law says you must have a "verbal or written recommendation" of your doc. BUT with that voluntary state MJ ID, the officer would not have even confiscated your stuff. He probably wouldnt have if you had your rec + reg ID either.

    A prop 215 recommendation is an affirmative defense in court. In other words, before even arraignment (plea) you can present as your defense to the charges your recommendation. But you can still be arrested, cited, and have your stuff confiscated (stolen) by the police... So keep your paperwork and ID with you. I would recommend keeping it a little on the down low as well.

    Post a update when you get one!
     
  6. #6 WildWill, Apr 6, 2010
    Great post above.

    TO back him up - again, the state card is NOT necessary, HOWEVER, it is the only form of ID that LEOs/CHP are REQUIRED to accept as proof of patient status and to leave alone patients. ANY OTHER FORM OF ID they can harass you if they so desire, which is what happened to you.

    So word to the wise, if you find yourself in the above situation more often than not (and BTW, you are already breaking the law if you're providing medicine to your friends who are not patients), then get yourself the state ID card and save yourself this problem before it begins.
     
  7. #7 showt1me, Aug 9, 2010
    what he searched through your txt messages? did u let him?
     

Share This Page