Possession of Marijunana

[Wallpaper]

What is the name of your state? California

I'm a 19 year old male with nothing on my record. My friends and I were pulled over on the side of the road. They told us to get out of the cars and then they searched us and the two cars we were traveling in. When the cop started to check the cars I asked why he was searching the car and if he was legally allowed to do so. He said that he was allowed to do this and proceeded to look around. In my car he found about 2 grams of marijuana and a small bubbler. I was charged with possession of marijuana and possession of drug periphinelia. I claimed it was all mine as to keep my friends from getting in trouble too. After finding the drugs, the cop pulled me aside and told me that he searched the car because it smelled like Marijuana which just isn't true. We had smoked previously, a while ago, and it was away from the car. We did not smell like drugs. It was rediculous. What can I do about the situation? Should I just pay the fine or fight it? Can I even fight this? What will be the consiquences of just paying the fine?

 

[The Occultist]

Just because you're used to the smell doesn't mean other people won't smell it on you. When I've gotten pulled over (not smelling like marijuana mind you), the officers do not decide to search me on a whim. Do you honestly think it's a coincidence the officer decided to search your vehicles?

You can attempt to fight anything you like. The only way you could fight your way out of this, however, is to prove that the search was not legal, but the search sounds perfectly legal to me, so I don't think you'll get very far with that. You may hire an attorney though, and I'm sure he'd do a much better job than I.

As for whether or not it's worth it to fight it, it depends on how much 2 grams is worth in the CA courts. Carl will be along I'm sure with a more informative answer, and our resident judge will also be around with court tips, but do note that the courts seem to be a little friendlier towards first-time offenders. You'll get off with a slap on the wrist, some fines, light probation, and that's it. G'luck.

 

[Wallpaper]

I googled "marijuana possession California" and the following:

Possession of marijuana is a misdemeanor under California Health and Safety Code Section 11357. Possession of one ounce (28.5 gms) or less is punishable by a maximum $100 fine; jail time is possible for larger amounts or for hashish, which is an optional felony ("wobbler"). Possession offenders can avoid conviction by making a preguilty plea under Penal Code 1000, in which case their charges are dismissed upon successful completion of a diversion program. Possession offenses are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7.

So I guess I will have to pay a $100 fine.

As I mentioned before, I was not only charged for possession of Marijuana but also for possession of drug paraphernalia, however according to this same website:

Marijuana paraphernalia is illegal to sell or manufacture, but not possess, under Health and Safety Code 11364. All marijuana paraphernalia is subject to seizure by the police.

Since I was not selling or manufacturing anything, why was I even written up for this?

Here is a link to website I'm quoting - http://www.chrisconrad.com/expert.witness/calmjlaws.html

 

[shell007]

I googled "marijuana possession California" and the following:



So I guess I will have to pay a $100 fine.

As I mentioned before, I was not only charged for possession of Marijuana but also for possession of drug paraphernalia, however according to this same website:



Since I was not selling or manufacturing anything, why was I even written up for this?

Marijuana is an ILLEGAL drug, period, THE END!!!

YOU got caught....NOW PAY THE PRICE!!!

 

[Wallpaper]

Marijuana is an ILLEGAL drug, period, THE END!!!

YOU got caught....NOW PAY THE PRICE!!!

I'm not disputing as to wether Marijuan is an illegal substance or not. If you would read my previous post again, you will see that the part you placed in bold was in reference as to why I was charged for possesion of drug paraphernalia when the law says, once again:

Marijuana paraphernalia is illegal to sell or manufacture, but not possess, under Health and Safety Code 11364. All marijuana paraphernalia is subject to seizure by the police.

Since I was not selling or manufacturing any drug paraphernalia, why was I written up for this? Shouldn't my ticket just have been for possesion of Marijuana and not include drug paraphernalia?

 

[averad]

I'm not disputing as to wether Marijuan is an illegal substance or not. If you would read my previous post again, you will see that the part you placed in bold was in reference as to why I was charged for possesion of drug paraphernalia when the law says, once again:



Since I was not selling or manufacturing any drug paraphernalia, why was I written up for this? Shouldn't my ticket just have been for possesion of Marijuana and not include drug paraphernalia?

On your ticket what are the charges and the codes that represent them?

 

[garrula lingua]

If it was a mj pipe, then it was not paraphernalia (no H&S 11364(a))

MJ is a misdemeanor, but if you are under 21 yrs of age, DMV will suspend your DL for a year.

The PC1000 you are citing is called "Deferred Entry of Judgment" (DEJ). That will keep your DL intact & cause the mj charge to be dismissed.

 

[CdwJava]

Frequently officers not in-the-know will cite for H&S 11364 on a marijuana pipe ... that's a big oops.

Chances are the citation for marijuana was CVC 23222(b) ... a first offense will likely result in a fine of $100 and a license suspension as previously mentioned. And while the crime is dropped in two years, the offense should remain on your DMV record for 7 years.

And to expand on the smell question, marijuana WREAKS! Those of us who do NOT smoke that stuff can smell it quite easily. Even if you did not smoke it in the car, it was likely permeating all of your clothing and thus the inside of the car smelled quite distinctively of marijuana when the officer contacted you. Whether this is sufficient to justify a search will depend on a court. Chances are it WILL be sufficient, but some courts may not like the "smell" argument unless the officer can articulate his knowledge, experience and/or training in the identification of the odor of marijuana.

Think of this as a good lesson learned and stop smoking dope before you get in worse trouble and lose too many brain cells.

And be wary of web sites claiming to know the law if they are not attorneys as they could be wrong ... your link above does have some incorrect info - like the part about marijuana paraphernalia and H&S 11364.

- Carl

 

[Wallpaper]

On your ticket what are the charges and the codes that represent them?

1) 11357(b) 485 Possession of Marijuana - which states that I will have to pay a maximum fine of $100, assuming that I have no been convicted on similar grounds in the last three years. Link - http://www.chrisconrad.com/expert.witness/cahscodetext.html
2) 13A-3 SBCO Possession of Drug Paraphernalia - I'm assuming that SBCO stands for Santa Barbara County, as was the area in which the incident occured, however I can't find out anything about it online.

If it was a mj pipe, then it was not paraphernalia (no H&S 11364(a))

MJ is a misdemeanor, but if you are under 21 yrs of age, DMV will suspend your DL for a year.

The PC1000 you are citing is called "Deferred Entry of Judgment" (DEJ). That will keep your DL intact & cause the mj charge to be dismissed.

Are you recommending that I plead DEJ and I can keep my license? I'm a little confused. I would really appreciate any help as to how I can keep my license.

 

[CdwJava]

From the Santa Barbara County Code:

Sec. 13A-3. Possession of drug paraphernalia.

It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body controlled substance in violation of the Controlled Substances Act. Any person who violates this section is guilty of an infraction, and upon conviction is punishable by (1) a fine not exceeding fifty dollars for a first violation; (2) a fine not exceeding one hundred dollars for a second violation of this section within one year; (3) a fine not exceeding two hundred fifty dollars for each additional violation of this section within one year. (Ord. No. 3194, § 1)

Interesting section. I wish WE had it!

Plus, that $100 can become closer to $300 or so when they tack on fees and assessments. And I am confused as to why they cited you for the H&S 11357(b) section and not the CVC 23222(b) ... you're lucky - it will drop off in two years rather than 7.

- Carl

 

[Wallpaper]

I would like to thank everyone who has participated in this thread. I've found it really really helpful.

What would you do if you were in my position? Would you plead JED, try and prove the search was not warranted, or what? I would greatly appreciate the help.

 

[seniorjudge]

I would like to thank everyone who has participated in this thread. I've found it really really helpful.

What would you do if you were in my position? Would you plead JED, try and prove the search was not warranted, or what? I would greatly appreciate the help.

There is a 50-50 chance the search will be found to have no probable cause. Carl had it right when he told you that the smell argument may get you. Pot smokers don't realize how nasty they smell.

 

[Wallpaper]

There is a 50-50 chance the search will be found to have no probable cause. Carl had it right when he told you that the smell argument may get you. Pot smokers don't realize how nasty they smell.

When the officer first said he was going to search my car, I asked him why and he didn't give me an answer. Once he found the marajuana he then told me that the car smelled like it, which is highly disputable. So I guess it's his word against mine, but when I asked him initially, shouldn't he have told me that it smelled like marajuana as opposed to AFTER he found the drugs. That's not really fair. I get the feeling that if he found beer in the car, he would have told me after he found it that he smelled beer from the start.

 

[CdwJava]

When the officer first said he was going to search my car, I asked him why and he didn't give me an answer.

He doesn't have to.

Once he found the marajuana he then told me that the car smelled like it, which is highly disputable.

If you and your crew had just smoked some pot, it is very likely you wreaked of it. The smell is very distinctive. You just may not be aware of it.

So I guess it's his word against mine, but when I asked him initially, shouldn't he have told me that it smelled like marajuana as opposed to AFTER he found the drugs.

He had no legal requirement to tell you at either time. If he told you ahead of time he may have been concerned that you and your friends might bolt - or turn on him. More than a few officers have been KILLED over marijuana.

Something keyed him to search the car. It is very unlikely that he searches every car he contacts.

- Carl

 

[Wallpaper]

He had no legal requirement to tell you at either time. If he told you ahead of time he may have been concerned that you and your friends might bolt - or turn on him. More than a few officers have been KILLED over marijuana.

After the first officer arrived, two more in seperate cars arrived. Then we were told to step out of the car and the search started. One cop stood over us as we sat on the curb while the first officer searched the car. There was nowhere for us to run. The third cop was stand by his car. The police force present was a little excessive, especially given the neighborhood, Montecito.