What is the name of your state (only U.S. law)?
Michigan
So I'm a medical patient in the state of Michigan and made a really poor judgement call to smoke a very small amount of marijuana in my parked car with a friend outside his apartment complex. The police and prosecutor are trying to say that because the parking lot is a public place and by friend is a non patient that I'm no longer protected under the medical marijuana law and are charging me with possession. The police officer said I did not appear to be under the influence and we had smoked 1-2 hours BEFORE the police came. Somebody called them because we were parked in an assigned spot and I didn't know. Nobody saw us smoking and everything they know is by my own admission to the officer. I tried to look up the definition of "puplic place" but it's not defined in the medical marijuana law and the only definition I could find was in the Michigan public smoking ban which states "A public place is any place accessible to the public by right or invitation". So they are arguing that the parking lot was a public place and I am arguing that my personal vehicle is not a public place. Below is the police report:
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On Friday, 08/30/2013 at 1736 hours, I was dispatched to XXXXXXXXXXXXX regarding a KIA SUV in the parking structure of the apartment complex. XXXXXXXXX advised Dispatch the vehicle had been there several hours and it had been there on several occasions prior and is usually there on Fridays. The vehicle was described as a light colored KIA SUV occupied by a B/M and a W/M.
When I arrived at the scene, I parked my patrol vehicle in front of XXXXXXXXXXXXX and began walking in on foot. I observed the suspect vehicle parked in the parking structure spot labeled C6. The plate on the vehicle was XXXXXXXXXXXXXXXXXX. As I walked towards the vehicle, I observed the vehicle starting to back up and this is when I asked the driver of the vehicle, later identified as the registered owner XXXXXXXXXXXXXXX (me), to stop.
As I made contact with XXXXXXXX (me), I could smell the odor of burnt marijuana emanating from the vehicle. As I asked for XXXXXX (me)'s DL, I asked if there was any marijuana in the vehicle and he indicated that he was a patient and that he had some marijuana in his pockets. The passenger of the vehicle was identified as XXXXXX (friend) and he was not a patient cardholder. This is when I asked XXXXXX (me) to step from the vehicle. Once he was out of the vehicle, I asked XXXXXX (me) if he had any marijuana on him. He advised he had some in his pocket and provided me with a green pill bottle with some suspected marijuana in it. I asked if there was anymore in the vehicle; XXXXX (me) advised there might be a little more in the vehicle. XXXXXXXX (me) acknowledged sharing some of his marijuana with XXXXXXXX (friend) to smoke, at which time I advised XXXX (me) that based on his smoking in a public area and allowing a non patient to smoke, a search would be conducted of the vehicle as he was not protected under the marijuana patient cardholder laws.
During my contact with XXXXXX (friend) I asked if I could pat him down and he allowed me to do so. While patting him down, I came across a suspected marijuana pipe in his right cargo pocket. It should be noted that as I patted him down the marijuana pipe became immediately apparant to me as a suspected marijuana pipe. I asked XXX (friend) if that was his pipe and he acknowledged it was. The pipe was seized from XXXXX (friend) at this time.
In searching XXXXXXX (me)'s 2006 KIA Sportage, I located some marijuana in a plastic bag in the center console. Also on the floor between the front driver and passenger side, I located a black suspected marijuana pipe. These items were seized also. XXXXXXX (me) acknowledged the marijuana in the console belonged to him as well as the marijuana pipe
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Based on this information, how likely is it that I would be able to have the charges dismissed, or be found innocent by a judge, or negotiate with the prosecutor for some kind of charge that is non marijuana related? I am married with a full time job and am terrified of my employer finding out or having to go to jail or being slapped with a huge fine. Any advise is extremely appreciated. Thanks!
Michigan
So I'm a medical patient in the state of Michigan and made a really poor judgement call to smoke a very small amount of marijuana in my parked car with a friend outside his apartment complex. The police and prosecutor are trying to say that because the parking lot is a public place and by friend is a non patient that I'm no longer protected under the medical marijuana law and are charging me with possession. The police officer said I did not appear to be under the influence and we had smoked 1-2 hours BEFORE the police came. Somebody called them because we were parked in an assigned spot and I didn't know. Nobody saw us smoking and everything they know is by my own admission to the officer. I tried to look up the definition of "puplic place" but it's not defined in the medical marijuana law and the only definition I could find was in the Michigan public smoking ban which states "A public place is any place accessible to the public by right or invitation". So they are arguing that the parking lot was a public place and I am arguing that my personal vehicle is not a public place. Below is the police report:
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On Friday, 08/30/2013 at 1736 hours, I was dispatched to XXXXXXXXXXXXX regarding a KIA SUV in the parking structure of the apartment complex. XXXXXXXXX advised Dispatch the vehicle had been there several hours and it had been there on several occasions prior and is usually there on Fridays. The vehicle was described as a light colored KIA SUV occupied by a B/M and a W/M.
When I arrived at the scene, I parked my patrol vehicle in front of XXXXXXXXXXXXX and began walking in on foot. I observed the suspect vehicle parked in the parking structure spot labeled C6. The plate on the vehicle was XXXXXXXXXXXXXXXXXX. As I walked towards the vehicle, I observed the vehicle starting to back up and this is when I asked the driver of the vehicle, later identified as the registered owner XXXXXXXXXXXXXXX (me), to stop.
As I made contact with XXXXXXXX (me), I could smell the odor of burnt marijuana emanating from the vehicle. As I asked for XXXXXX (me)'s DL, I asked if there was any marijuana in the vehicle and he indicated that he was a patient and that he had some marijuana in his pockets. The passenger of the vehicle was identified as XXXXXX (friend) and he was not a patient cardholder. This is when I asked XXXXXX (me) to step from the vehicle. Once he was out of the vehicle, I asked XXXXXX (me) if he had any marijuana on him. He advised he had some in his pocket and provided me with a green pill bottle with some suspected marijuana in it. I asked if there was anymore in the vehicle; XXXXX (me) advised there might be a little more in the vehicle. XXXXXXXX (me) acknowledged sharing some of his marijuana with XXXXXXXX (friend) to smoke, at which time I advised XXXX (me) that based on his smoking in a public area and allowing a non patient to smoke, a search would be conducted of the vehicle as he was not protected under the marijuana patient cardholder laws.
During my contact with XXXXXX (friend) I asked if I could pat him down and he allowed me to do so. While patting him down, I came across a suspected marijuana pipe in his right cargo pocket. It should be noted that as I patted him down the marijuana pipe became immediately apparant to me as a suspected marijuana pipe. I asked XXX (friend) if that was his pipe and he acknowledged it was. The pipe was seized from XXXXX (friend) at this time.
In searching XXXXXXX (me)'s 2006 KIA Sportage, I located some marijuana in a plastic bag in the center console. Also on the floor between the front driver and passenger side, I located a black suspected marijuana pipe. These items were seized also. XXXXXXX (me) acknowledged the marijuana in the console belonged to him as well as the marijuana pipe
--------------------------------------------------------------
Based on this information, how likely is it that I would be able to have the charges dismissed, or be found innocent by a judge, or negotiate with the prosecutor for some kind of charge that is non marijuana related? I am married with a full time job and am terrified of my employer finding out or having to go to jail or being slapped with a huge fine. Any advise is extremely appreciated. Thanks!
