Marijuana Possession in AZ and Border Patrol

[poppaslick]

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

I was traveling from AZ back to CA when I was search at a border Patrol check point near Yuma. I have been a patient for several years. How ever my card had expired about 2 months prior the the incident. I did renew it soon after. Would my previous and current verifiable req's show proof enough that I was an eligible patient? I believe this would clear me of the possession charges.

 

[OHRoadwarrior]

The federal gov't is free to not recognize state issued permission to use and carry drugs.

 

[Silverplum]

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

I was traveling from AZ back to CA when I was search at a border Patrol check point near Yuma. I have been a patient for several years. How ever my card had expired about 2 months prior the the incident. I did renew it soon after. Would my previous and current verifiable req's show proof enough that I was an eligible patient? I believe this would clear me of the possession charges.

Not in my opinion, no.

The point is that you were caught in AZ, not in CA. AZ, to my knowledge, does not acknowledge medical marijuana. To AZ, it's just pot.

 

[tranquility]

I agree. By Supreme Court decision, state medical marijuana laws do not provide a defense to federal crimes. But, even in the states' involved, such a situation is problematical. In general, a prescription can only last a year. Medical marijuana does not involve a prescription but a recommendation by a medical doctor. While I am not aware of a case on the matter, the same year seems to apply. If you were not covered by a recommendation at the time of the use/possession, that particular defense to the state's laws would probably not apply.

 

[TheGeekess]

Not in my opinion, no.

The point is that you were caught in AZ, not in CA. AZ, to my knowledge, does not acknowledge medical marijuana. To AZ, it's just pot.

I did look it up; AZ does have medical marijuana.
http://www.azdhs.gov/medicalmarijuana/

But he was caught by the Feds, and they're not recognizing medical marijuana usage in any state.

 

[Silverplum]

I did look it up; AZ does have medical marijuana.
http://www.azdhs.gov/medicalmarijuana/

But he was caught by the Feds, and they're not recognizing medical marijuana usage in any state.

Thank you for looking it up -- and for the FED part, which I totally forgot to address!

 

[cyjeff]

Let's not forget this part.... and let's take the fact it was pot out of the equation.

What controlled substance do you think you are allowed to possess without a prescription? Even if you got a prescription in the past and got another prescription for the same drug in the future... you didn't have a prescription for the drug at the time of the arrest.

so, your status as a medical MJ user is irrelevant.

Yup... you were just a guy with pot.

 

[tranquility]

Let's not forget this part.... and let's take the fact it was pot out of the equation.

What controlled substance do you think you are allowed to possess without a prescription? Even if you got a prescription in the past and got another prescription for the same drug in the future... you didn't have a prescription for the drug at the time of the arrest.

so, your status as a medical MJ user is irrelevant.

Yup... you were just a guy with pot.

Do you have a cite for that? Prescriptions is an order for medication. If a person keeps a drug for a year and a day, they don't suddenly turn into a felon. The difference here is that a recommendation is generally considered a defense.

 

[cyjeff]

Do you have a cite for that? Prescriptions is an order for medication. If a person keeps a drug for a year and a day, they don't suddenly turn into a felon. The difference here is that a recommendation is generally considered a defense.

Except that pot is a unique circumstance... I was trying to prove a point.

If I have a prescription for painkillers and it runs out, I don't have the option to get more on the street because I once had a prescription. Pot not only has a specific time frame as dictated by the MMC, but also has the unique perspective of one state does not have to recognize another state's card even if they have MMC of their own.

So, would the OP have the possibility of an out if he could produce a receipt for the pot in question from a licensed shop during the time of his card's validity? Maybe. Would that help in AZ anyway? I don't know.

Regardless, he did not have a valid card but did have pot. To the wrong judge, that makes him just a guy with pot.

If you would like, I can provide numerous cites of people formerly having pot cards but still being arrested with pot because the card was no longer valid and/or where they crossed state lines with or without a valid card and were arrested ad nauseum if you wish.

 

[tranquility]

I think I described it well, you are continuing to muddy the waters. Look to the statute(s) for more.

 

[justalayman]

Do you have a cite for that? Prescriptions is an order for medication. If a person keeps a drug for a year and a day, they don't suddenly turn into a felon. The difference here is that a recommendation is generally considered a defense.

don't hold me to this but I do not believe you actually receive a prescription for MMJ. It is something along the lines of a license more than a scrip. If it has expired, so has your right to possess.

here is an excerpt from California's page:

In 2003, Senate Bill (SB) 420 (Chapter 875, Statutes of 2003) was passed as an extension and clarification of Proposition 215, the Compassionate Use Act of 1996. The Medical Marijuana Program, within CDPH, is administered through a patient's county of residence. Upon obtaining a recommendation from their physician for use of medicinal marijuana, patients and their primary caregivers may apply for and be issued, a Medical Marijuana Identification Card. Senate Bill 420 also required that the MMP be fully supported through the card application processing fees. Both the state and the counties have authority to cover their costs for the program through these application fees.

The patient receives a recommendation, not a prescription. You get a card verifying that. With that, you are allowed to grow, possess, and use pot. Without it you are just another pothead.

 

[tranquility]

don't hold me to this but I do not believe you actually receive a prescription for MMJ. It is something along the lines of a license more than a scrip. If it has expired, so has your right to possess.

here is an excerpt from California's page:



The patient receives a recommendation, not a prescription. You get a card verifying that. With that, you are allowed to grow, possess, and use pot. Without it you are just another pothead.

I agree. That's why I originally wrote:

I agree. By Supreme Court decision, state medical marijuana laws do not provide a defense to federal crimes. But, even in the states' involved, such a situation is problematical. In general, a prescription can only last a year. Medical marijuana does not involve a prescription but a recommendation by a medical doctor. While I am not aware of a case on the matter, the same year seems to apply. If you were not covered by a recommendation at the time of the use/possession, that particular defense to the state's laws would probably not apply.