Charged with Possession of Marijuana Extract

[akl]

I was charged with a Felony: Possesion of Cannabis Extract.

Last night or so I was smoking marijuana (flower form not extracted) at a public park after hours in my car. Cops pulled up and I opened the window, and he could immediately smell marijuana. I had 3.5grams of marijuana on me.

I live in California and have a Medical Card but it was not on me (dad had taken it from me when I was living at home since he did not approve). I was asked to step outside of the vehicle and was asked if he could search the car. I allowed him to since I didn't think there was anything else illegal in my car.

He found a container of marijuana extract oil that I had bought from a dispensary about 3 months ago. There was not very much of it left, like .1-.2g maybe of it, I thought it was already gone but there was a bit left around the inside of the container.

He then proceeded to ask the chief about it over the radio and when he came back he handcuffed me.

Next thing you know, I'm brought to jail and was detained for the night. My bail was 20,000, and since I was a first time offender, I was let go.

I am to be in court June 12, 2012.

So basically my question is what would be the consequences I would be potentially facing? Likely charges?

Will my Medical Marijuana Card help me in this case?

I hope that I can get it dropped to at least a misdemeanor.

I have never been in this situation before so should I tell my parents since I am not really financially independent yet and will I need to hire an attorney? I turned 22 the day I got arrested

I come from a good family and never have been arrested before that is the only reason I am reluctant to tell my parents right away. On the other hand, I care about my future and need to really get this fixed up, since I am planning to become an Electrical Engineer.

Thanks for the help guys, I really am quite scared right now.

 

[FlyingRon]

What state were you arrested in?

 

[freebird1963]

I got no answer for you on the bust part but getting stoned at a park and driving alone should but your ass behind bars for some time. Plain stupid.

 

[akl]

What state were you arrested in?

California.

 

[OHRoadwarrior]

A bit off topic but relevant to OP's future. Does CA law require businesses to hire and retain pot heads w/MM cards? I would never trust a company that does, that is why I asked.

 

[CdwJava]

Under what statute(s) have you been charged?

Understand that the "marijuana card" is a recommendation only. Unless you have the state-issued DHS card, the recommendation may not be of much help. Also, depending on the specific offense for which you have been charged, it may not be applicable at all. Hence the reason we need to know the specific offense.

 

[Cali408nia]

A bit off topic but relevant to OP's future. Does CA law require businesses to hire and retain pot heads w/MM cards? I would never trust a company that does, that is why I asked.

No. The dispensaries are the only ones that actually require applicants to have a recommendation before being considered for the job. There's no requirement to give pot heads jobs at all.

 

[akl]

Under what statute(s) have you been charged?

Understand that the "marijuana card" is a recommendation only. Unless you have the state-issued DHS card, the recommendation may not be of much help. Also, depending on the specific offense for which you have been charged, it may not be applicable at all. Hence the reason we need to know the specific offense.

A recommendation should fully hold in court. The state-issued DHS card is solely an identification card which I believe links to your doctor's recommendation. I did not apply for one as it is not necessary. It only makes it easier for the police officer to quickly verify the recommendation.


I stated the offense earlier. Felony: Possession of Cannabis Concentrate.

Basically they found a very small amount of Cannabis Concentrate in my car bought from a Dispensary in California. If not for this, I would have been simply charged with a misdemeanor $100 fine on the spot since I didn't have my recommendation with me.

I'm hoping that California marijuana laws are lenient and that Cannabis Concentrate can be covered under my Medical Marijuana Recommendation.

I'm realizing quickly that this is beyond the scope of this forum and I probably need to get some real legal advice haha.

 

[akl]

I got no answer for you on the bust part but getting stoned at a park and driving alone should but your ass behind bars for some time. Plain stupid.

Why is driving alone stupid?

 

[CdwJava]

A recommendation should fully hold in court. The state-issued DHS card is solely an identification card which I believe links to your doctor's recommendation. I did not apply for one as it is not necessary. It only makes it easier for the police officer to quickly verify the recommendation.

Well, you can go ahead and believe that if you choose. But, not every county has the same faith in those recommendations as you might. When asked to verify recommendations, some county prosecutors (such as mine) have a zero percent compliance from medical providers. So, it might not be quite so reliable as you might think. A defense of medical necessity requires that a doctor recommended it for your condition. If no doctor can verify you were issued the recommendation, it might get dicey for you. But, different counties take these recommendations at different values. Your county might drop it ... or, they might decide that they want the doctor to verify it. You'll probably find out from your attorney.

I stated the offense earlier. Felony: Possession of Cannabis Concentrate.

Yes, you did ... but, as happens often, the title that the person is told is not necessarily the code section they are charged with. It is the statute that tells the tale, not what the prosecutor might title it. And since that term "cannabis concentrate" does not appear in the Health and Safety Code, I have to ask again, what code section is it? I assume it is H&S 11357(a) filed as a felony, is that the one?

You might want to consider smoking your "medicine" at home in the future. That way you will save yourself hassles with the police, and you will also save yourself the potential for a DUI due to drug impairment. You'll be free of conflict, and the public will be safe from your impaired driving. It's a win-win!

 

[CdwJava]

Why is driving alone stupid?

Because you'd be driving home stoned. Never a good idea.

Have a designated driver ... or, better yet, smoke at home.