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Legal Marijuana and My life ruined by cops!

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Wade215

Junior Member
What is the name of your state (only U.S. law)?

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

I have prop 215 scrip for medical marijuana in California and I had my state marijuana program card (the cops have since stole it). sory so long.

Me and my roommate went "club hopping" and had picked up a decent amount of marijuana for us. We had several types of marijuana in legal bags clearly marked "For medical Use Only". I dotn recall exactly but we had varying quanties from an 8th of White Widow to a half O of Sour D and 8th Purple Crack half O of OG Kush, and on and on. We had a small amount of hash. We had rolling papers, a bong, and a glass pipe. I had purchased also two clones (baby marijuana plants).

We were ready for a good weekend and as I said, we were within the limts and completely legit. We park, smoke up, eat food, then go cruise around.

Well legit or not the car pretty much reeked of pot so we get pulled over for a speed trap by a hiding cop we figured we were getting hassled at least but were ok - so the cop takes my info comes back and asks where the marijuana is in the car.

So I tell him "I'm not answering that offensive question". He laughs and tells us both to get out of the car and grabs may arm very roughly pushes me against the hood of my own car, pats me down, including touching my privates in a painful manner, then leads me by the arm and force sits me down in front of my car on the dirt gravel side of the road. I tell him he cannot search my car because I am a legal patient. he tells me very rudely I "smoke too much dope and watch too much TV".
ANother does the same to my friend. By now some other cops, being very
bored and without crime to fight have shown up and they each talk to us asking us a bunch of stuff and of course tearing the car apart, including bringing a dog. They find our medicine, pipes and stuff, the plants, and a small personnal scale that I forgot was in the back of my trunk. There was a box of glad sandwhich bags they say are for selling. While they are tearing apart my car, me and my friend show our medical cards which they keep!

So at this point I figure I'm probably ok because all my stuff is legal but maybe they are just going to steal a few nugs for themselves to toke on or something, I dont know. Well they look at everything! it comes to something over 3 ounces. I had about $200 on me. They start asking questions like if I sale marijuana, why I had so many baggies, why i have a scale. I tell them they are all for us and we like different flavors and different pot has different affects and they just laugh and call us dope dealers. They ask us about the collctive and I tell them I had traded with collectives in the past and that I sometimes haved help medical marijuana growers in my area and sometimes we grow marijuana and we trade marijuana with the collectives.

they never read me a miranda at all until a under cover cop came and talked to me in jail so everythign I said can be cut out right?

Then they take me and him to jail! Impound my car, WTF?? This is all legal. I did nothing wrong. Well their task force guys go and get a warrant while we are in jail and search our apartment and find our closet grow of a few plants (5 or 6) and a tray of clones and a few more ounces of medicine, a triple beam scale and some other junk that didnt mean anything. Bills papers and whatever they wanted to take. They take all of our stuff and money and give me a form to file if I want to oppose them stealing my money, which was about 1000 in cash.

So we are kept in jail and walked in shackles to see the judge and we are told we are being charged with possession for sales and cultivation of marijuana, possession of more than an ounce, and possession of parafanalia and I think some other stuff and have a few hearings where the cops tell the judge all the "proof we are selling" and the judge agrees that we are selling and I stay in jail for over 2 weeks before my idiot public defender decides to ask the judge to let me out and then just like that I'm free.

I have no idea why the dumb lawyer waited so long to get me out of jail, but he gets even dumber. he tells me prop 215 is not a defense of selling marijauna so my scrip doesnt mean anything and if I pleaded guilty to possessing of more than an ounce, they will give me probation, some drug classes, and a fine but no jail and will drop everhything else but I also cant have my medicince while on probation??! I need my medicine. i've bveen very ill and losing weight without it.

Is this legal?

I am really getting a big one in the you know where here. I am completely legal, on disabiltiy, do not sale marijuana, and they have seized my property my money, embarrassed me, likely got me evicted, stole my car, and put in jail. HELP!
 


tranquility

Senior Member
1. I am a major proponent of medical marijuana.

2. I thought I would vote to legalize the drug when the proposition comes up for a vote in November.

Knuckleheads like you make me want to reconsider #2 and, makes me want further limits placed on #1.
 

KnownOne

Member
Best response by tranquility.

OP why do people such as yourselves (you and your friend) have to bring such ******ry into the world. Seriously, what the hell man. Obviously you enjoy marijuana, so why are you jeopardizing it for everyone by getting high and driving around. This is dangerous. And, see...well I'm having a hard time collecting my thoughts. :cool: Try to refrain being such a bad person.
 

Wade215

Junior Member
Hello??? The charge is selling marijuana.

I'm not charge with driving under the influence. I wasnt even under the influence. The cops didnt even test me for being under the influence so where do you get that. I smoked then had dinner then was pulled over!But if I was charged with that that would be a lot more honest than these lying cops charging me with being a dealer that im not. that is what i need help with. If they charge me with driving stoned I'll post it mmmmkay?
 

Mass_Shyster

Senior Member
I have prop 215 scrip for medical marijuana in California and I had my state marijuana program card (the cops have since stole it). sory so long.

Me and my roommate went "club hopping" and had picked up a decent amount of marijuana for us. We
Your scrip for medical marijuana does not permit distribution to your roommate.
 

tranquility

Senior Member
I'm not charge with driving under the influence. I wasnt even under the influence.
Yet, you should have been:
We park, smoke up, eat food, then go cruise around.
But if I was charged with that that would be a lot more honest than these lying cops charging me with being a dealer that im not.
What do you do for a living? Why can't you afford an attorney to defend you? Because a jury will see that you had:

several types of marijuana
in
varying quanties from an 8th of White Widow to a half O of Sour D and 8th Purple Crack half O of OG Kush, and on and on. We had a small amount of hash.
and a
small personnal scale
along with
a box of glad sandwhich bags
in your car.

The good job (along with proof of a bank withdrawal) is important as you had:
it comes to something over 3 ounces. I had about $200 on me
and
a few more ounces of medicine, a triple beam scale
along with
about 1000 in cash
. By my count, that's (Depending on exact costs, I'll round low and what a "few" means--I'll say 3.) about $1,200 in cash and $1,800 in "medicine" and all the indicia a person who sells would have. (That's just your side of the story. I would love to see the police report.) Where did you get that $3K when you can't afford an attorney?
my idiot public defender
You got some 'splainin to do.

Rather than being all upset about having your life ruined by cops, you better start trying to come up with some kind of reasonable explanation for how all this looks. Because, quite frankly, even without the other side of the story, you look like a dealer who likes driving while under the influence.

they never read me a miranda at all until a under cover cop came and talked to me in jail so everythign I said can be cut out right?
Nope, Miranda requires custodial interrogation. You were interrogated in the field, but Miranda is not required at that time. (Unless there is more facts that you did not include.) In jail (custody), Miranda was read, so the interrogation is legal there too. I think everything you said will be used against you.

Impound my car, WTF??
They get to seize any instrumentality of the crime. You will need to prove it was not paid for with drug money and that it was not used in the sale or transport of marijuana or you will lose it under civil forfeiture statutes.

They take all of our stuff and money and give me a form to file if I want to oppose them stealing my money, which was about 1000 in cash.
Same rules as the car regarding the civil forfeiture. Get your income sources and bank statements together along with a statement of what your expenses are for a chance to get it back.

I have no idea why the dumb lawyer waited so long to get me out of jail, but he gets even dumber. he tells me prop 215 is not a defense of selling marijauna so my scrip doesnt mean anything and if I pleaded guilty to possessing of more than an ounce, they will give me probation, some drug classes, and a fine but no jail and will drop everhything else but I also cant have my medicince while on probation??!
Sounds like a good deal.
 
Your scrip for medical marijuana does not permit distribution to your roommate.
If you dont know or understand CA MMJ law and what patients may collectively do together, then just stick to berating him.

OP, you are getting the railroad so many patients get. I dont have time to respond (or even read it real close) at this time but I'll take a good look at your post this eve and hopefully might be able to profer a little practical info for your situation.
 
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Zigner

Senior Member, Non-Attorney
If you dont know or understand CA MMJ law, then just stick to berating him.

OP, you are getting the railroad so many patients get. I dont have time to respond (or even read it real close) at this time but I'll take a good look at your post this eve and hopefully might be able to profer a little practical info for your situation.
steven - this OP is a druggie under the guise of MMJ. Carry on.
 

CdwJava

Senior Member
Tranq's response trumps anything I could come up with.

But, if this were the OP's "medicine" he would not have e need to go around collecting a stash, smoking, driving, smoking some more, and bein prepared for a great weekend - presumably because he would be getting stoned.

I have to agree with Tranq that it is guys like this who abuse the concept of 215 just to get high that makes those of us who might be sympathetic to medical marijuana to cynically believe the whole idea is simply a dodge to get high.

OP, I presume you had the STATE ISSUED DHS card? Or was it just a scrip/recommendation you had in your possession?
 

justalayman

Senior Member
I won't argue with StevenJ who is apparently a pot head who has done his homework but rather, post a few excerpts from California law.

from 215:

(d) Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.
and protection for a designated caregiver:


(e) For the purposes of this section, ''primary caregiver" means the individual designated by the person exempted under this section who has consistently assumed responsibility for the housing, health, or safety of that person.
11357 is a basic possession rule (too long to post)
11358 is
11358. Every person who plants, cultivates, harvests, dries, or
processes any marijuana or any part thereof, except as otherwise
provided by law, shall be punished by imprisonment in the state
prison.
there are no other sections of the law that 215 protects one from.

11359. Every person who possesses for sale any marijuana, except as
otherwise provided by law, shall be punished by imprisonment in the
state prison.
and the equipment you have can be construed to be part of a sales program. Obviously is could be used for measuring out your purchased or trades

11360. (a) Except as otherwise provided by this section or as
authorized by law, every person who transports, imports into this
state, sells, furnishes, administers, or gives away, or offers to
transport, import into this state, sell, furnish, administer, or give
away, or attempts to import into this state or transport any
marijuana shall be punished by imprisonment in the state prison for a
period of two, three or four years.
11360 is not exempted by 215 so while possession is legal and growing is legal, both by 215, giving it to anybody does not appear to be legal. Trading it does not appear to be legal either.

I have not followed case law on this but by the plain language text of the law, you admitted to committing at least 2 crimes that are not protected by 215.
 

Mass_Shyster

Senior Member
If you dont know or understand CA MMJ law and what patients may collectively do together, then just stick to berating him.
Steven,

I made exactly one post to this thread, and don't feel that my response in any way berated anyone. The original poster made no mention of his roommate having being a patient, nor having a 'script'.

I sincerely apologise if CA MMJ laws permit a patient to distribute to their roommate. I thought there were some types of restrictions involved.
 

justalayman

Senior Member
Steven,

I made exactly one post to this thread, and don't feel that my response in any way berated anyone. The original poster made no mention of his roommate having being a patient, nor having a 'script'.

I sincerely apologise if CA MMJ laws permit a patient to distribute to their roommate. I thought there were some types of restrictions involved.
I don't see where the buddy was legal either. It was just steven J pothead getting upset. He is so pro pot that he becomes anti law in the process.


If the buddy didn't have a card and he had smoked, the OP is up the creek (at least I believe so). Since OP has a quasi-legal means of obtaining pot, it will be shown that he obtained the dope and distributed it illegally.
 
I don't see where the buddy was legal either. It was just steven J pothead getting upset. He is so pro pot that he becomes anti law in the process.
I'm not upset.. I'm not the one that was in jail. He wrote:

me and my friend show our medical cards which they keep!

This case is very weak but he needs competent counsel. The boob of the PD obviously will be of no assistance. Later I'll thrash it.
 
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