11357(b) but I have physician approval !!!!

[hellodaisy]

I live in California and was stopped last Saturday and was cited for 11357(b). Luckily, I have a physician's approval letter dated 3 weeks earlier but I didn't have it with me at the time. I was given a court date in October but I can't make it because that is after I leave to my university in another state. Can anyone advise me as to how to have the citation withdrawn? Do I just go to the court with the physician's statement and see somebody there? Any help very welcome.

 

[CdwJava]

I live in California and was stopped last Saturday and was cited for 11357(b). Luckily, I have a physician's approval letter dated 3 weeks earlier but I didn't have it with me at the time. I was given a court date in October but I can't make it because that is after I leave to my university in another state. Can anyone advise me as to how to have the citation withdrawn? Do I just go to the court with the physician's statement and see somebody there? Any help very welcome.

If you fail to appear in court at the time of the arraignment on the citation, a warrant may be issued for your arrest. You might ask for an earlier arraignment or hire an attorney to handle this matter for you.

The problem with a doctor's recommendation is that it allows for an affirmative defense, it does NOT get you out of the charge. Essentially it allows you to argue justification. Now, depending on the county you live in, the DA may accept the recommendation at face value. Most will not. And, most doctors will NOT affirm the recommendation by affidavit or attendance in court. In my county they have a 0% compliance rate from physicians when they ask for verification of the recommendations (i.e. NONE of the doctors will respond to a request for the information even when asked by the patient).

The only certain way to avoid trouble with the police for marijuana possession is to have the state issued DHS card. You can obtain this by contacting your county's health department and asking about the medical marijuana card.

In the meantime, you have to figure out a way to either continue the case until you are back from school for a week or so, hire an attorney to handle it for you, or seek an earlier arraignment (which may require a guilty plea or waiving time for trial until a break). You can also talk to the DA's office and see if the recommendation will make a difference. They may not speak to you without an attorney, but they might.

- Carl

 

[hellodaisy]

Thank you Carl!!

The way I understand it, if I had the physician's approval note (or a photocopy of it) on my person on the day then the police officer would not have issued the ticket in the first place. Correct? Therefore, why is taking the letter to court after the event insufficient to have the ticket canceled? It's like getting a ticket for not having a tag on your car because, even though you purchased one on time, you just forgot to stick it on. Right?

Also, you mention the need to have a DHS card but my understanding is that the card is not necessary since it is the physician's letter which counts. In fact, I was told that having the card is just the State's way to keep tabs on people.

 

[CdwJava]

Thank you Carl!!

The way I understand it, if I had the physician's approval note (or a photocopy of it) on my person on the day then the police officer would not have issued the ticket in the first place. Correct?

Not correct. The officer MAY have chosen not to cite you, but the law would not prevent him from doing so. The state Attorney General encourages an officer not to take enforcement action if he or she believes the holder is within the guidelines of the law, but is not legally required to do so. Only the state issued DHS card would have protected you from citation.

Therefore, why is taking the letter to court after the event insufficient to have the ticket canceled? It's like getting a ticket for not having a tag on your car because, even though you purchased one on time, you just forgot to stick it on. Right?

See above.

Also, you mention the need to have a DHS card but my understanding is that the card is not necessary since it is the physician's letter which counts. In fact, I was told that having the card is just the State's way to keep tabs on people.

I'm going to guess that the person that told you that was either the doctor that issued you the recommendation, or, someone who has a medical need and says that with a wink and a nod. The physician's recommendation allows for an affirmative defense, it does not grant you a pass on the law.

The DHS card is the only way to legally avoid trouble with law enforcement so long as you have the lawful amount of marijuana and obey the other provisions of the law as to location of use, etc.

- Carkl