jukestep
12-15-2010, 09:10 AM
So i'll try to give as much relevant information as possible as provide the research i've done along with, hopefully someone can tell me if I'm on the right track or not.
I was pulled over by a cop while attempting to turn my car around in an turn-off the street. He asked me why I was there and proceeds to ask if I had anything illicit in the car. Assuming i was covered by medical purposes, I tell him that I do have marijuana in the car which is stored away in the trunk alone with my MMJ reccomendation and all my proper ID papers. He puts me in the back the cop car, states that I am not under arrest, and searches the trunk of my car and finds the marijuana, some tools (wraps, a bong ect) and nothing else. After about half an hour of being the car (a car pulled in behind and they talked to him for quite a while), he cites me a Minor in Possession (Misdamenor, 100$ fine) under Section 11357(b). When I ask why I'm recieving the ticker he states that this wouldn't have happened if I got a MMID card and says something along the lines that I was breaking the rules by carrying it in the trunk of my car. He was in a rush and did not feel egger to answer my questions and asked me to pack all my stuff up and leave quickly, while keeping all my marijuana (which wasnt much).
Once i got home and did some research on the issue and if i'm understanding everything i'm reading, he must be in the wrong.
Prop 215 - Section 1136.2 (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.
SD 420 - Section 1136.71 (f) It shall not be necessary for a person to obtain an identification card in order to claim the protections of Section 11362.5.
I also read that I'm allowed to have a pre-trial hearing in order to prove my patient status and have the entire case dropped based up the People v Mower CA Supreme court case.
Assuming all this is information, what will they do to try to justify this ticket and what else should I prepare for in order to fight this?
thanks for you time,
I was pulled over by a cop while attempting to turn my car around in an turn-off the street. He asked me why I was there and proceeds to ask if I had anything illicit in the car. Assuming i was covered by medical purposes, I tell him that I do have marijuana in the car which is stored away in the trunk alone with my MMJ reccomendation and all my proper ID papers. He puts me in the back the cop car, states that I am not under arrest, and searches the trunk of my car and finds the marijuana, some tools (wraps, a bong ect) and nothing else. After about half an hour of being the car (a car pulled in behind and they talked to him for quite a while), he cites me a Minor in Possession (Misdamenor, 100$ fine) under Section 11357(b). When I ask why I'm recieving the ticker he states that this wouldn't have happened if I got a MMID card and says something along the lines that I was breaking the rules by carrying it in the trunk of my car. He was in a rush and did not feel egger to answer my questions and asked me to pack all my stuff up and leave quickly, while keeping all my marijuana (which wasnt much).
Once i got home and did some research on the issue and if i'm understanding everything i'm reading, he must be in the wrong.
Prop 215 - Section 1136.2 (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.
SD 420 - Section 1136.71 (f) It shall not be necessary for a person to obtain an identification card in order to claim the protections of Section 11362.5.
I also read that I'm allowed to have a pre-trial hearing in order to prove my patient status and have the entire case dropped based up the People v Mower CA Supreme court case.
Assuming all this is information, what will they do to try to justify this ticket and what else should I prepare for in order to fight this?
thanks for you time,