Caught with possession, Doctor Recommendation ignored.

[jukestep]

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,

jukestep Reviewed by jukestep on 12-15-2010. Caught with possession, Doctor Recommendation ignored. 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 Rating: 5

[RideTheWave]

Call your lawyer and ask his advice on the subject(also call your doctor too?), this sounds real fishy of the cop. Not all doctors give you a card,I was given just the recommendation and a couple people told me I'd have to go through the state for a card.

[Jord0713]

I wouldn't trust any card or doc that just gave you a card and didn't give you the proper paperwork to mail into the state to get your "real" red card. I'm sure there are a few scams going, just be careful. No reason to get into unnecessary trouble

[NGC1300]

If it really was prescribed by a doctor, why would you claim you have anything illicit in your car? You should have never consented to the search.

[budlover13]

All that is required is that the Dr. that issues the recommendation must be in good standing with the state medical board.

[leadmagnet]

I feel like we're saying this around here until we're turning blue in the face.

NEVER GIVE CONSENT SEARCHES TO THE COPS. All that is required in the State of Kalifornia is that you have a valid doctor's recommendation and that you have proof on your person.

There are still lame cops all over the State who don't know the law, so, again... NEVER GIVE CONSENT SEARCHES. Also never make confessions. Your medical requirements are none of that officer's business. No need to go down your list and tell him/her about all your meds. That officer will find a way to use anything and everything you say against you. He's a friggen COP for Christ's sake, not your doctor!

Go to flexyourrights dot com and watch the friggen movie.

No offense brothers and sisters but pay attention to what we're telling you.

I'm retired LEO and LEAP.

[disrupt86]

i hate to say this but your card u get from the doc is just a nifty piece of plastic,the cop was with in his right to ticket u, in order to avoid this u must register your self with a "county" issued mmj card. i would contest that ticket though,they will drop the charges.

[Weezard]

Just print this out and tattoo it on yer eyelids.

"He's a friggen COP for Christ's sake, not your doctor!" -leadmagnet

Wise words!
Weeze

[painretreat]

Old thread but what the hey! Your req may or may not get you by one cop and not another. Ride the Wave is correct. You do not get an automatice pass with your 'req.' If for any reason you suspect you will be getting pulled over by leo, you can register with the County and get a County card that is 'Proof' of the verication of the validity of your req and that will let you go. Your proof in court most likelly dismissed this for you. Come on back and say so! pr

[MightyBlaze]

ya make sure it's good bro