California Marijuana Possession

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

My friend and I were pulled over (we are both 18) and when the cops asked if there were any drugs or alcohol int he trunk i said we had marijuana in the car. My friend got a ticket for 11357(b) HS Possession of Marijuana (First offense) and I got nothing. Now here are the interesting parts

1. There is no name on the ticket. Where is says name, it says his address. He did sign the ticket at the bottom though. It also has my name on the ticket because i was the driver and owner of the car.
2. We both have our medical marijuana recommendations but he did not have his letter at the time.

So my questions are, is it possible the ticket will be dismissed with no name? If not, will the letter of recommendation possibly help ? and will his ability to obtain a driver's license be affected (he has his permit at the moment)?

If the citation does not have his name on it, the charging document (the ticket) may be flawed, but that will not result in a dismissal of charges as the state can simply refile properly.

Your recommendations might help, but it might not. It depends on what county you are in. If the doctor that provided the recommendation refuses to affirm that he or she issued it then it may do no good at all (and in my county this affirmation sits at 0% ... that's zero ...).

You and your friend might want to consult an attorney to figure out how to address this. A marijuana offense is not too big a deal in CA, but it might result in a license suspension if there is a true finding (guilty) verdict for either of you.

This case is going no where if you have your legit recs.

I would call the DA and ask them if they want you to fax them the rec. They dont wanna waste time on 215 cases obviously and they may verify your rec, at most.

I'd say just by the report alone, if 215 was claimed, they wont even file it or spend much time on it at all.

If I didnt want to mess with it before hand, and the DA did file, I would just take my rec to arraignment and present it to the DA and/or Court. You can informally request dismissal in that way and the court will dismiss it... the DA probably wont even verify it... but as i said, if you guys are legit, you are good to go. Your declaration under oath that you have a legit rec will be sufficient by case law, most judges would just stamp these out right there in a few seconds, as it should be... we dont like wasting too much tax money chasing legit med patients.

You guys are good to go... just fyi you could have gotten that ticket even if you had your paper... by law, only the state 215 card prevents an officer citing an unconfirmed rec..

I wouldnt waste money on a lawyer at this stage. If you guys are legit its a no brainer.

Hopefully after today we dont have to worry about that garbage anymore.. hopefully.

It depends on the county, Steven. In my county the DA WILL seek to verify it. And so far, no doctor has ever done so. A small fact I find interesting ... and quite telling.

I was under the impression that recommendations were useless. I thought an actual license/permit was required?

Isis1 said:

I was under the impression that recommendations were useless. I thought an actual license/permit was required?

Click to expand...

The state issued DHS card is about all that you can do to prevent a citation or arrest. The recommendation MIGHT help, but there is no requirement that the police believe it is real and no way to verify them.

CdwJava said:

The state issued DHS card is about all that you can do to prevent a citation or arrest. The recommendation MIGHT help, but there is no requirement that the police believe it is real and no way to verify them.

Click to expand...

Got it! Ty, Carl!

CdwJava said:

It depends on the county, Steven. In my county the DA WILL seek to verify it. And so far, no doctor has ever done so. A small fact I find interesting ... and quite telling.

Click to expand...

Carl, I'm sure you are in full propaganda mode, but just FYI, (and as I'm sure you really know) many Med MJ doctors even have automated online verification. The vast majority of legit recs are verified. MMJ records are subpoena and provided for trial. All this is common. Whether a DA verifies it or not I'm sure varies by where you are (or possibly even depending on deputy da)... and of course, the court can still dismiss the case anyway.

StevenJ_420Law said:

Carl, I'm sure you are in full propaganda mode,

Click to expand...

Says he who has had a FULL Prop 19 ad in his signature for months now...


Better luck next time Steven...

StevenJ_420Law said:

Carl, I'm sure you are in full propaganda mode,

Click to expand...

Not sure what that is ... but ... okay.

but just FYI, (and as I'm sure you really know) many Med MJ doctors even have automated online verification.

Click to expand...

Never heard of that. And even if it exists, it may not be sufficient. if your county accepts it, great. I don't know of any of the northstate docs that issue these recommendations to have any online verification, but, I haven't really checked.

The vast majority of legit recs are verified. MMJ records are subpoena and provided for trial. All this is common. Whether a DA verifies it or not I'm sure varies by where you are (or possibly even depending on deputy da)... and of course, the court can still dismiss the case anyway.

Click to expand...

You are right. This all varies by county and by DA. In my county they drop a few, but pursue many. And so far I am told that none of the doctors that have provided recommendations have verified issuing them. Whether that means they refused to voluntarily provide that information, or just don't answer their phone, I can't say. I have yet to have a live body answer any of the phone numbers listed on some of the more fancy recommendations - I usually get answering machines.

alright, thanks for the replies guys. The ticket was issued in santa barbara county but he lives in los angeles county.

CdwJava said:

Not sure what that is ... but ... okay.


Never heard of that. And even if it exists, it may not be sufficient. if your county accepts it, great. I don't know of any of the northstate docs that issue these recommendations to have any online verification, but, I haven't really checked.

Click to expand...

well medicann for one... i find it hard to believe you have never seen a medicann card... cosidering they are huge with multiple locations.

This contention you are making sounds more like cop shop talk than reality I have no idea why you would contend no one in your whole county has had a rec verified. Its absurd Carl, sorry. A lot of what you are saying is out of the realm of reality.

StevenJ_420Law said:

well medicann for one... i find it hard to believe you have never seen a medicann card... cosidering they are huge with multiple locations.

This contention you are making sounds more like cop shop talk than reality I have no idea why you would contend no one in your whole county has had a rec verified. Its absurd Carl, sorry. A lot of what you are saying is out of the realm of reality.

Click to expand...

I got it from my DA. If he's outside of reality, so be it. At my level we don't usually try to verify the cards. I recommend to everyone popped for marijuana that has a recommendation to seek the DHS card ... yet, none of them do, and they usually tell us that the doctor that gave them the recommendation has advised against it ... another raised eyebrow.

Now, maybe it has gone up from zero, but the last time one of the ADAs and I spoke on it was some months ago. But, we really don't write a whole lot of possession citations in my county, so it's not an issue very often. And most the grows are by illegals on government land, and they don't have recommendations. And those few indoor or private property grows we have found so far tend not to have the required recommendations and caregiver docs, so they tend not to be an issue. We just don't spend a whole lot of time on marijuana aside from the plantations on public land. Most our efforts go to meth., and due to funding that may go by the wayside ... Heaven help us.

And I may have seen a medicann card, I don't know. Most of the ones we see come from three sources and none of them appear to want to talk with the DA's office. Even the "patients" get frustrated by it went they try to get help in their defense.

CdwJava said:

I got it from my DA. If he's outside of reality, so be it. At my level we don't usually try to verify the cards. I recommend to everyone popped for marijuana that has a recommendation to seek the DHS card ... yet, none of them do, and they usually tell us that the doctor that gave them the recommendation has advised against it ... another raised eyebrow.

Click to expand...

Speaking in nonspecific general terms.. we really need to get our police, deputies, and da's worrying about real stuff and stop messing with med mj patients.

Besides, the horrible law making mj an infraction comes jan... I bet you see a spike in arrests after that... especially among certain, lesser tolerated communities. The numbers will be there. That probably wont look good.

CdwJava said:

But, we really don't write a whole lot of possession citations in my county, so it's not an issue very often.

Click to expand...

Last year there were a record breaking 78,172 arrests for mj in CA.

You gotta be happy to see NorCal Democrats sweep the top 3 offices in the land (I know, fingers crossed on harris)!

I'm very optimistic we can get our tax money working towards more important endeavors very soon. There is a very good legislative path. Thank god Arnolds gone huh? I know i was sick of his vetoes of this type of stuff.

StevenJ_420Law said:

Speaking in nonspecific general terms.. we really need to get our police, deputies, and da's worrying about real stuff and stop messing with med mj patients.

Click to expand...

We don't. We actually spend very little time dealing with marijuana at all. I keep hearing the advocates like you saying how much time and effort goes into it, and I fail to see it. Most the marijuana busts made where I have ever worked have had to do with dealing and large grows, not with casual users.

Besides, the horrible law making mj an infraction comes jan... I bet you see a spike in arrests after that

Click to expand...

Not really. Instead of a report for a misdemeanor that can only be cited, you will have an infraction (that can only be cited). A report will still have to be written, only the court that hears the matter may change (from Criminal to Traffic in some counties). It won't change the amount of work I as an officer will have to do as it will be the same report but with an "I" for the level of offense rather than an "M."

Last year there were a record breaking 78,172 arrests in CA.

Click to expand...

As a note for others, a citation for a misdemeanor is an "arrest." A citation for reckless driving, being an unlicensed driver, and similar misdemeanor traffic offenses are also "arrests."

You gotta be happy to see NorCal Democrats sweep the top 3 offices in the land (I know, fingers crossed on harris)!

Click to expand...

Nope. I am making plans to look for jobs out of state as I see an economic disaster pending in CA and the foundation of the Socialist Workers "Paradise" with the Dems in control of the state. The Republicans might as well stay home for the next two to four years as they will have absolutely zero say in Sacramento.

Thank god Arnolds gone huh? I know i was sick of his vetoes of this type of stuff.

Click to expand...

Arnold was a left-of-center moderate, not a conservative. I respect the man, but he was hardly a conservative.

I'll be eligible for retirement in a couple of years, and I'll be entertaining public sector and private sector options out of state in the near future as I seriously doubt the economic climate in CA will get anything but worse and I have a family to support with kids about to enter college. I'll head for someplace a little more sensible, I suspect.