QUESTION
Can I be charged with possession of marijuana if it is legal in my state and I had the proper paperwork?
Asked on Apr 03rd, 2013 on Criminal Law - Colorado
More details to this question:
I am a medical marijuana user, using marijuana to aid my fight against cancer. Marijuana was made legal in my state, and I have the proper paperwork, allowing my right to use marijuana. The other day however, I was on my front porch chair, using my medicine, when a passing police officer stopped his car outside my house. The officer had seen my smoking device and stopped. I showed him my medical card, yet he still ticketed me for possession of marijuana. I had roughly one ounce of marijuana as I had just picked up my medicine the day before.
5 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I am not sure if you were in your home state when the officer stopped you. If not then it may be illegal. You need a lawyer.
Answered on Apr 05th, 2013 at 2:14 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Can I be charged? You already were, and are going to court on those charges. CA has an actual official medical marijuana card issued upon doctor?s certification of medical need. Local dispensaries will sell you a card, which is not CA official, but both are frequently [but not always] accepted by local police to avoid an arrest for small possession. Neither is honored by the feds. If you were only ticketed for an infraction, you can try in court to convince the DA and judge to honor the card and drop the charges, or reduce the fine. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
Answered on Apr 04th, 2013 at 2:18 AM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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That's a nuisance. Call the DA.
Answered on Apr 04th, 2013 at 12:30 AM
Criminal Defense Attorney serving Beverly Hills, CA
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William S. Kroger Jr.
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The CUA allows valid medical marijuana patients the right to use marijuana or possess 8 ounces. The Kelly decision allow possession of more if you can prove that you need it. The problem is that it is an affirmative defense and the cops rather let the courts make the decisions. So, they arrest or ticket you and you need to go to court to show that you are a valid patient. I just last week had 10 pounds returned to my client for the Sheriffs Department so it can be done.
Answered on Apr 03rd, 2013 at 5:07 PM
Criminal Defense Attorney serving Denver, CO
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The Law Offices of Steven J. Pisani, LLC
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The right to possess marijuana is not unlimited. You must be over the age of 21 and the marijuana cannot be consumed in public. It sounds like he may have given you a public consumption ticket. Contact a criminal defense attorney to find out your rights.
Answered on Apr 03rd, 2013 at 5:06 PM