• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

1st offense charged with 11359 & 11360

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jillcarr

Junior Member
What is the name of your state (only U.S. law)? California

I was caught up in a undercover sting "Up in Smoke". I had posted a add in Craigslist for Prop 215 patients only.The cop called, his card was valid I took a picture before I handed him his medical marijuana and they arrested me and 22 other people!!Yes some of these people were just doing drug deals but I'm a prop 215 patient and he was a prop 215 patient I also have all my paper work from the state of California stating that I'm central coast collective delivery service. How many drug dealers do you know register with the state and pay taxes!!??This sting was in Santa Clara County in California.This is my 1st offense....what's going to happen to me?I didn't think I was doing anything wrong but the DA said I didnt have a pass relationship with the cop that I couldnt be his caregiver.I just meet him I filled his needs all he needed was medz. if he needed anything else I would have.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


CdwJava

Senior Member
Speak to your attorney. If you choose to take the matter to trial, you may stand a chance ... or, you may face felony distribution charges and if convicted you could be sentenced accordingly.

It is possible that diversion of one sort or another will be an option.

But, speak first to your attorney.
 
First, that cops "card" was not valid. They dont use cops with valid "215 cards" to go bust medical cannabis patients. You taking a picture of it did not make it valid. If its a state card, you can verify validity online, if its anything else (MediCann Card, recommendation written on a napkin, etc) you need to get verbal confirmation from the doctor (ie call them on the phone and then check the drivers license of the cop.. err patient). Sometimes cops are known to steal valid patients cards then steal that patients idenity to bust medical mj patients; however, obviously that is a stolen identity and still not a valid card. All the cops with valid 215 cards keep that secret from their peers and just toke up in private at home or parked off in the parking lot somewhere... they arent doing busts.

The Attorney general has posted his guidelines for how to operate a store front medical marijuana collective. In the law and case law there is still a lot of gray and EVEN IF you were in compliance with the AG guidelines, many counties will still go after you. Those guidelines while not codified, can do very well to raise reasonable doubt because.. the state has posted them as guidelines.. you dig?

"Craigs List" busts are easy pickens and common right now... And lord knows police love to go after the mary jane.

There are a lot of defenses and fighting to do for your situation, but you need an attorney and not a public defender. You need expert in medical marijuana or at least a very good defense attorney.

The "caregiver relationship" is a big sticking point in the appeals process right now. Obviously you do not need to be the cops caregiver as a part of a collective and to provide mj within that collective, but this is the wiggle room at the moment for the prosecution as they intentionally misread the law and ignore some important appeals court law... that is if you had legitimately engaged in a transaction as part of a collective. For your transaction, you likely did not. Read the guidelines and the AG website if you want to work in that business.

If you have an specific questions about collectives and collective defenses etc I can give it a stab.

Even if you pled guilty to one of those and got the other dropped you're likely going to end up on probation with appropriate terms (maybe a few days you can do on work release or whatever).. youre not going to prison .. as my tea leaf reading.

Do not do anything without legal advice.
 
Last edited:

jillcarr

Junior Member
11360

They dropped the 11359 but I have been charged now with 11360.How far do you think this is going to go?This is my 1st offensive ever.
 
Did they drop it when they filed an information or what is the status of your case? Did you go to prelim and get held to answer yet?

"How far will it go" is not really a question I relate to legal proceedings such as yours. WHat is the question you have?

Did you hire a lawyer or get a PD?
 

jillcarr

Junior Member
When I went back and got the police report it only had one charge 11360 and another date to come back on.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top