Stopped by a cop while smoking.

[Sweviking13]

The other night I was having an anxiety attack at home so I went for a walk around the neighborhood and was smoking. Eventually a cop rolls up next to me and says he saw me smoking and had me sit down on a curb while he got my information down. After getting the info he had me stand up, put me in cuffs and searched my pockets without even asking. After that he asked if I had my card and I told him I have the paper required by a physician. He picked up roach I threw then made me sit back down and wait till another cruiser came. The cop ended up writing me a a citation and it looks like her circled misdemeanor and infraction, then crossed out the misdemeanor and ended up writing something above it. After going home I was doing some reading and found this. I wasn't near or involved with any below. Anyone have any advice or words for me on what actions to take upon going to court?



B. Consumption of Medical Marijuana
Under Cal. H & S 11362.79, qualified patients are not permitted to smoke medical marijuana under any of the following circumstances:
In any place where smoking is prohibited by law;
In or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence;
On a school bus;
While in a motor vehicle that is being operated; and
While operating a boat.

[HipsterDoofus]

If it's an infraction then just pay it. An infraction is civil court. If it's a misdemeanor then at least talk to a lawyer even if you just buy an hour of time. A misdemeanor is criminal court and it goes on your record. A misdemeanor on your record will affect your ability to get a job, join the military, go to school, etc.

[ifluro]

I guess I got lucky.
A mate and I were having "A quiet smoke" at about 1:00am in my car, parked in a National park car park. Lo and behold, a patrol car pulled up and asked us what we were doing. My mate replied "Having a quiet smoke". He asked us what we had and we were honest and told him everything, even showed him our bong and how much weed we had left. He then asked for my licence, which i gave him and he took it back to his car to check it out. I had and have no criminal history or "flags" as they call it. He returned a short time later and handed me my licence, and proceeded to tell us to have a good night. He then turned and started to walk away. Halfway to his car, he turned back and said "Oh, and dont forget to get rid of that stuff". I honestly could not believe our luck. My mate has had other similar experiences with similar "cautioning" results. Maybe the paperwork was just too much effort, maybe they had a call to another "more important job". We'll never know. I have been careful since but consider myself quite lucky. We weren't arrogant or assholish, just open and honest. Maybe if we tried to hide something or talk our way out of it, it could have ended up differently. I think it just depends on the officer at the time.
Im not in USA by the way. Down under as they say.

[Txbizpro]

I thought it was legal in Australia?

[HipsterDoofus]

Hey man smokin pot is a $100 ticket where I live but smokin in public is the same as drinking in public - a crime. Stop doing behaviors that attract the cops. People got to get outside their own heads and think things through, man.