Marijuana possession charge with valid medical recommendation

[parad0x]

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

I'm a student at UC Santa Cruz. I live on campus, and was attending the annual 420 celebration held in a meadow on campus. I was not participating, as I had work shortly after, but did have a 1/2 oz, a pipe, and a grinder in my bag along with my medical recommendation. The group I was with was approached by campus police and we all received tickets for possession of marijuana (H&S 11357(b) - possession of less than 1oz) and the officers confiscated everything. When I presented my recommendation, I was told it didn't matter and to bring it up in court. Another person in the group, who had about 3g, was given the same ticket, but his was marked as an infraction, whereas mine was marked as a misdemeanor. If I am convicted of a misdemeanor, I am at risk of losing my financial aid. Since it was on a college campus, I'm not sure what to expect in court- if it will be dropped to an infraction, why mine is a misdemeanor while someone else who possessed an amount in the same category (<1oz) received an infraction, or what showing the judge my medical recommendation (which has been valid for months before the incident) will do to help my case, if anything. What am I looking at here?

 

[justalayman]

Do you have a county issued mmic or do you only have your doctors recommendation?

 

[CdwJava]

The counties facilitate the process to receive a state issued DHS card, but no county issues their own card ... at least none that I am aware of.

Parad0x, I would have to guess that the misdemeanor box was checked accidentally as it used to be a misd. and older officers might still check that box out of habit. H&S 11357(b) is an infraction. You're lucky they did not decide to cite for possession on campus grounds as that would be a misdemeanor. The level of offense should be corrected at arraignment. When you go to trial you can present your recommendation and the court MAY accept that ... or, it may not. Since almost no doctors will affirm the issuance of any of these notices, if push comes to shove you qill have no one that will admit to issuing the recommendation. But, in Santa Cruz County, they will probably be okay with a recommendation no matter what.

 

[justalayman]

The counties facilitate the process to receive a state issued DHS card, but no county issues their own card ... at least none that I am aware of.

Parad0x, I would have to guess that the misdemeanor box was checked accidentally as it used to be a misd. and older officers might still check that box out of habit. H&S 11357(b) is an infraction. You're lucky they did not decide to cite for possession on campus grounds as that would be a misdemeanor. The level of offense should be corrected at arraignment. When you go to trial you can present your recommendation and the court MAY accept that ... or, it may not. Since almost no doctors will affirm the issuance of any of these notices, if push comes to shove you qill have no one that will admit to issuing the recommendation. But, in Santa Cruz County, they will probably be okay with a recommendation no matter what.

Yes it's a state card but the county issues it as i understand it.

 

[parad0x]

I only have my recommendation, would getting a MMIC make a difference at this point? My ticket only says possession of less than one oz, but the location specifies that I was on campus. Can that result in a misdemeanor or should that still be corrected as an infraction? Also, will the fact that others in my group were marked as infractions for the same crime help my case? My county is incredibly liberal and Marijuana friendly, so I have high hopes, but I'm still concerned about what could come out of this.

 

[Just Blue]

I only have my recommendation, would getting a MMIC make a difference at this point? My ticket only says possession of less than one oz, but the location specifies that I was on campus. Can that result in a misdemeanor or should that still be corrected as an infraction? Also, will the fact that others in my group were marked as infractions for the same crime help my case? My county is incredibly liberal and Marijuana friendly, so I have high hopes, but I'm still concerned about what could come out of this.

Why don't you have a license? A "recommendation" from the Doctor does not give you the LEGAL right to have pot.

 

[justalayman]

Were you and the other guy ticketed by the same cop? If not Carl's explanation could explain the difference. As he also said the charge should be corrected at the courts

 

[parad0x]

In my years of having a recommendation, it has never been an issue. I've never thought to go beyond my recommendation, since my recommendation has always been all I've needed to purchase medical marijuana.

 

[parad0x]

I dont believe we were cited by the same cop, there was a large group of them dealing with us. If he gets an infraction, is it even legal for me to get a misdemeanor for the same crime? I did have more than him, but it all falls under the same category so that shouldn't matter. Someone suggested I get a lawyer, but I'm incredibly low on funds and living paycheck to paycheck so I really want to avoid that at all costs.

 

[Silverplum]

In my years of having a recommendation, it has never been an issue. I've never thought to go beyond my recommendation, since my recommendation has always been all I've needed to purchase medical marijuana.

You didn't think. It's not an excuse.

 

[Silverplum]

I dont believe we were cited by the same cop, there was a large group of them dealing with us. If he gets an infraction, is it even legal for me to get a misdemeanor for the same crime? I did have more than him, but it all falls under the same category so that shouldn't matter. Someone suggested I get a lawyer, but I'm incredibly low on funds and living paycheck to paycheck so I really want to avoid that at all costs.

Do you want Blue Meanie to give you a suggestion?

 

[parad0x]

Telling me my reason for not having a card isn't an excuse isn't helping me right now, I'm perfectly aware it's not a legal excuse. I'm looking for advice on what to do next, not what to do before this happened.

 

[STEPHAN]

Stop spending money on marijuana and start spending it on a lawyer.

 

[Just Blue]

Telling me my reason for not having a card isn't an excuse isn't helping me right now, I'm perfectly aware it's not a legal excuse. I'm looking for advice on what to do next, not what to do before this happened.

The problem is you didn't think about the consequences of your illegal behavior. You most likely will lose your FA and will likely be kicked out of school. Had you just taken the recommendation and requested a MML you would not be in this mess. It was a VERY foreseeable event.

 

[parad0x]

I'm not going to be thrown out of school, it takes far more than that to get thrown out, at least here. What I'm trying to figure out now is how even though multiple other people who were with me committing the exact same crime (and who didn't even have a recommendation let alone a card) received infractions, I got a misdemeanor and face far worse consequences, and how I can get my charge dropped to what the others got. I can easily deal with an infraction.