Trouble with the Law....

Dang man that sucks, good idea on the "friends pitch in to buy cheap" idea whether it was true or not. As far as what your consequence will be id check NORML.com because im not sure.

 

You should definitely be contacting a lawyer ASAP, as for what might happen, like was said above check with NORML.

Edit: Damn just checked your glass thread the other day, nice pieces. Sucks that you got caught.

 

Which county? County by county is different in CA. Some are hard asses some have a more reasonable attitude. IMO, the cop has little at this point and he followed CHP guidelines to the letter and that was all that was ever going to happen so long as you passed the attitude test and agreed to appear. Had you had under 8 ounces, you probably wouldnt have even gotten the cite.

Since the CA Supreme Court tossed "limits", you are in a murkey area but 1LB of a MMJ patient in transport as part of a collective / group is such a dead on balls easy defense, youre a tough tough target for a DA.

I think there are two likely scenarios -

1) The DA will drop it.. never to be heard about again.
2) The DA will charge it on the hopes of a quick plea from you and if you put up a good fight, it would probably still be dropped at some point in the future.

If they are aggressive, you may get a visit from task force also, btw. I would say they have enough to get a warrant for your house right now. They probably wont but thats just a fyi, we're they so inclined.

I really dont think you will ever even hear about this case.. but you never know. The best course of action would be to retain a lawyer right now, so he can write them a letter/talk to the DA and that would probably be the end of it right there since they know you are for real, legit, and lawyered up. Or you could just call the DA yourself (wait a few weeks at least, they dont even know about you yet) and talk with them.

You were above the AB490 "limits" but the supreme court tossed them leaving district attorneys in kind of a sticky spot; however, many still charge based on that and let you raise your defenses. That is why a little proactive action on your part, a few hundred to a lawyer before they even file, may could save you a lot of hassle later.

You have a court date, make sure you are checking on this with the DA before that and for sure dont miss it. A felony warrant is never any fun.

Let us know what happens and good luck, you'll be fine!

 

Youre not charged with anything unless the DA has filed documents with the court. Has a court clerk told you you are charged or did you receive a letter from the DA?

A ticket by an officer is not a charge, thats more like a "recommendation" from an officer and it gets referred to the DA. Yes, the DA could up it to a felony if they wanted to go that route.

Worst case, wait and get a public defender at your court date. Dont plead at arraignment, even if its a misd.

Your buddies may need to give up copies of their rec if it comes to it. Youre legit. Relax and handle this is a business like manner.

 

why did you let him search ?

 

Youre anxious but the reality is none of that will be very helpful. The Courts will not have you in their computer, the Pub Defender is not your lawyer until appointed by the judge at/after arraignment and not guilty plea and as such will have no interest in you. The DA may be interested in talking to you..if you choose to do that..

my advice is to sit still for a few weeks. maybe use your energy reading up on MMJ case law and how affirmative defenses work... so that if you end up with a PD, you know what you are doing and can make a wise choice if they try to screw you.

 

It didn't matter if he let the officer or not. If his car was reeking of marijuana, the officer had probable cause and could search no matter what he said.

 

you were speeding with close to a pound of weed in your car? what is wrong with you. sucks you got busted, but damn wat do you expect when you do that.

 

First of all, the infraction was done and documented. You were charged with a specific infraction, so I wouldn't worry too much about it being upped to some kind of felony charge (even if he DID give you a break)

Now, that being said, I'm wondering how this charge would stick with you since you are a card-carrying MMJ patient and CAN legally possess up to 8oz. of MMJ? This charge sounds like an infraction that can be applied to someone who does not have an MMJ card. You do in fact have one, so WTF?

Just my opinion, but I would consider at least reviewing this with a local lawyer who is competent on MMJ laws. Regardless if he cut you a break or not, sounds like an infraction that was improperly applied.

Now the REAL question is if you push back on this in court, will they haul in your pound o' weed as evidence in front of the judge. THEN, you may in fact have an issue. Again, this is where legal counsel could help answer these questions for you.

 

if i got pulled over and had a pound on me, you can guarantee i wouldn't be sleeping in my bed that night....


consider yourself lucky.... and maybe don't carry so much on you... you 'care giver'...

 

Just to link and point out again as Zoom said, that California State Court removed the limits a patient can carry... tho as we know the "jury" is still out on the implications of said ruling.

Ca Supreme Court Strikes Down Medical Marijuana Possession, Cultivation Limits | California NORML

though i am sure it hasnt hit the books or even the streets yet.
Be certain you bring your Medical Records, Recommendation and the carry limits for the county you were busted in. The info linked above as well and tell them that you were "lost in the grey area which as to current MMJ laws" as to how much you could carry. Tell them that you (unless you want to bring your DOCUMENTED friends to court) found a great deal for a months worth of medicine and THOUGHT by the wording of the senate bill that you were covered under california state law.

but honestly... You seem to have gotten off pretty lucky. i would advise to not abuse your patient rights, there are very few reasons to be driving with a P in the car. NONE stand up in the eyes of current LEO.. especially while speeding.

 

Your story has you admitting to multiple lies.

Top of that list is that you lied about why you had a pound of weed...i.e. you never had any 'patients' other then yourself.

That alone can cost you the case if the DA and Judge find out (which they can if pursued)

Just my 2 cents worth...


Good luck!