First time legal possession of marijuana?

[Ian_Y]

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

Hey guys, first of all thanks in advance for all the help. You guys are awesome. I was cited the other night for possession of over 1oz of marijuana, less than 2. I only got a possession charge, thats it. I am a medical marijuana user! I have a card from a San Diego clinic which permits me to carry over 8 ounces of weed. I was WELL under the legal limit. This happened in north san diego county, which is in California, by the way.

I was with my friend hanging out in a parking lot, smoking, when it happened. They took my medicine, and wrote me up with this citation.

I am deciding what to do for the court process. I do not believe I am guilty by any means! My condition is called Osgood Schlatter syndrome, which is a knee condition I have had since I was a kid and has some chronic pain, thus why I was issued the card.

What I want to know is if I should seriously hire a lawyer or not to help me through this. It would cost me a LOT of money. I talked to one medical marijuana lawyer who is actually a member of the same clinic as I. He said he usually charges 2500 for this misdemeanor that I have, but offered to do mine for 1500 because he believes its a very strong case that I have.

I also have the option of a public defender, I'm probably going to go to court tommorow to talk to one and see what I should do. Then I could always use myself.

What do you guys think I should do? Do I have anything to worry about?

 

[qwik]

why would they cite you even though you have that card to prove you are legally allowed to have it?

 

[Ian_Y]

why would they cite you even though you have that card to prove you are legally allowed to have it?

They are city cops, meaning they are not obligated to check if the card is valid or not. So they decided to be jerks and cite me and take my meds away.

 

[FlyingRon]

The "Mower" decision says you can request dismissal at the first hearing if they can't show you are violating the MMJ restrictions.

 

[CdwJava]

I have a card from a San Diego clinic which permits me to carry over 8 ounces of weed. I was WELL under the legal limit. This happened in north san diego county, which is in California, by the way.

That card is not a free pass. Only ta county health department may issue the state's DHS cards which will prevent an arrest (citation, actually) for the possession of marijuana. Anything else - a doctor's recommendation, for instance - simply allows for an affirmative defense at trial. Unfortunately for you, I do not believe San Diego County currently participates in that state program.

I was with my friend hanging out in a parking lot, smoking, when it happened. They took my medicine, and wrote me up with this citation.

You are also generally not allowed to toke up in a parking lot, recommendation or not. Heck, in San Diego you can't have an open container of alcohol in parking lot, either.

I am deciding what to do for the court process. I do not believe I am guilty by any means! My condition is called Osgood Schlatter syndrome, which is a knee condition I have had since I was a kid and has some chronic pain, thus why I was issued the card.

You can raise a medical need defense. But, you will also likely need to have a doctor who is willing to stand up and say that you HAVE a need. Is your doctor willing to go on record?

I also have the option of a public defender, I'm probably going to go to court tommorow to talk to one and see what I should do. Then I could always use myself.

If you have the funds or assets to afford a private attorney, you will not qualify for a public defender.


- Carl

 

[Ian_Y]

I actually just spoke to a lawyer, and he said as long as there is a doctor's recommendation there is no problem. He said San Diego doesn't participate in the id card program, but the recommendation is still legitimate.

 

[Zigner]

I actually just spoke to a lawyer, and he said as long as there is a doctor's recommendation there is no problem. He said San Diego doesn't participate in the id card program, but the recommendation is still legitimate.

So, the lawyer said you can sit around a public parking lot smoking your weed?

 

[CdwJava]

I actually just spoke to a lawyer, and he said as long as there is a doctor's recommendation there is no problem. He said San Diego doesn't participate in the id card program, but the recommendation is still legitimate.

As I said, it is good for an affirmative defense provided it can be verified. My county has a zero percent compliance with the doctors who provide these recommendations, though, as I recall, San Diego had a percentage who were willing to stand up and affirm that the patient had a medical condition for which marijuana was appropriate. I don't recall the exact number, but I seem to recall about half being bantied about ... though this was more than 7 years ago when I was there.

But, the recommendation does NOT grant you permission to smoke it where you might otherwise prohibited from doing so ... like in a car in a parking lot. If it really is medicine, take it at home.

- Carl

 

[tranquility]

I am a strong advocate for medical marijuana. I've seen the need and know it works. While I am not as confident about legalization of pot, if it were put to a vote, I'd vote to legalize.

However, Ian_Y is the reason why cops hassle people who legitimately need the drug. I'm not going to second guess his doctor, but I shake my head and call rubbish. The law was designed to allow seriously ill people legal access to a powerful medicine. I simply don't believe Ian_Y is using as the law intended, but using the law as a dodge for his drug habit.

I'm glad, in this instance, the protection is an affirmative defense the OP must plead. For my legal advice, whenever one must plead in a criminal matter, an attorney is recommended.

 

[CdwJava]

Tranquility, I completely agree with everything you said.

Except the part about voting to legalize ... I wouldn't. But, everything else is spot on, IMHO.


- Carl

 

[cyjeff]

Tranquility, I completely agree with everything you said.

Except the part about voting to legalize ... I wouldn't. But, everything else is spot on, IMHO.


- Carl

I agree too.

While I think the last thing the populace needs is another means to self medicate, I agree with the rest.

 

[Ian_Y]

I am a strong advocate for medical marijuana. I've seen the need and know it works. While I am not as confident about legalization of pot, if it were put to a vote, I'd vote to legalize.

However, Ian_Y is the reason why cops hassle people who legitimately need the drug. I'm not going to second guess his doctor, but I shake my head and call rubbish. The law was designed to allow seriously ill people legal access to a powerful medicine. I simply don't believe Ian_Y is using as the law intended, but using the law as a dodge for his drug habit.

I'm glad, in this instance, the protection is an affirmative defense the OP must plead. For my legal advice, whenever one must plead in a criminal matter, an attorney is recommended.

Excuse me? Are you quite serious? You are making some very ill-mannered assumptions about me. Osgood Schlatter syndrome is not painless by any means and medical marijuana definitely helps it. You have no right to accuse me of otherwise. There is no definition for how sick you must be for marijuana. It has been proven to have medical values to so many different categories of sicknesses. Whether it be headaches, insomnia, osgood schlatter syndrome, cancer. IT DOESN'T MATTER as long as it is legitimate and the doctor believe's it could be benefitial to your health. Also, the law states you can smoke in public. My friend, whom was not medicating and the cops did not question that he wasn't, was to be the designated driver as a matter of fact.

 

[CdwJava]

Osgood Schlatter syndrome is not painless by any means and medical marijuana definitely helps it.

But, of course, there are numerous other medications that are more effective - and, that reduce the swelling associated with the illness. While you CAN get a marijuana recommendation for it, it does not mean that you should have. Heck, you can get a recommendation for menstrual cramps and hangnails! That's the kind of thing that Tranq was referring to. He is a big advocate for medicinal marijuana, but he understands that it is people who obtain these recommendations without a real need that cause the rest of us to question the whole program.

In any event, you will be able to make your case in court and present your recommendation as evidence of your medical need. Hopefully your doctor will affirm that need and won't just blow it off as most of them tend to do.

IT DOESN'T MATTER as long as it is legitimate and the doctor believe's it could be benefitial to your health. Also, the law states you can smoke in public.

Per H&S 11362.79 Medical marijuana may not be smoked where smoking is prohibited by law, either at or within 1000 feet of a school, recreation center, or youth center (unless the medical use occurs within a residence), on a school bus, or in a moving motor vehicle or boat (and with the keys in the ignition, the vehicle is arguably moving).

My friend, whom was not medicating and the cops did not question that he wasn't, was to be the designated driver as a matter of fact.

Okay ... they didn't see him smoking and had no reason to believe he had. So?


- Carl

 

[cyjeff]

Most people under prescription do not hang out in parking lots lighting up.

To me, and, apparently the cop, this looks more like someone enjoying their recreational drugs with the aid of a poorly focused medical professional.

That is why you get to fight it in court.

 

[Ian_Y]

Thank you all for your messages and responses I really appreciate it.

Do these factors really matter? If I have a legitimate defense is there any reason the judge would rule it out? I know that it is not the judge's right to judge if a condition is suitable for medicinal marijuana or not (He's not a doctor) (this is coming from the lawyer I spoke to) I was not breaking any of the rules that come with medicinal marijuana