Sociological Sense

Hey guys.

Well today was the day that I was dreading so bad.., I finally got my first marijuana possession ticket. I was just wondering. The Sheriff just gave me a ticket and told me he could tell that i was under the influence EVEN though i wasn't.., lol.., But anyway I had an eigth on me.., I had my Cannabis card in my trunk with all my stuff.., and he saw a cannabis club cannister when I reached into my glove box to get my registration. So he cought me with weed.., but I had my cannabis card but he just disregarded it and gave me a ticket anyway.., I was wondering
1.) does this mean i show up to court and show them my cannabis card and or Reccomendation to the judge and then I'm clear.
2.) I'm fucked and looking foward to some lame ass rehab class that will change nothing for me?
3.) I'm goin to lose my card???
4.) I'm slaped with a fine and even though I have my card it still shows up on my record as a misdamenor? for possession??

Thanks for the help guys.., i know I can always count on this community of people that are on this site to give me good advice. Much love!!!


FUCK IT ANYWAYS MAN...., FINE OR NOT I'M STILL GONNA SMOKE!!!!!!!!

BOB MARLEY: "LETS GET TOGETHER AND FEEL ALRIGHT!"

Darque Pervert

First of all, these answers are dependent on what stat you live in. Based on the fact that you got a citation for possession and mentioned a recommendation & medical card, I'm going to assume you're in California. If I'm wrong in that assumption, speak up.
Either way, consulting a lawyer is probably a good idea, if only for advice.

1 - Probably. Depends on the judge, really.

2 - If showing the medical card to the judge gets him to drop charges, you're not going to do anything. The rehab class can be done via video, I know. It may even be accessible online now. When I got my citation in California, it was over 5 years ago.

3 - I doubt it. The card gives you the legal right to possess marijuana. You possessed marijuana. How would that necessitate you losing the card?

4 - See #2 above.

__________________

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Sociological Sense

Thank you very much I appreciate the help.., and yes I'm in california sorry for leaving the pretty important peice of info out.., Heres hoping for a good outcome for me..,

RookieSmoker

If I'm wrong let me know, but was your ticket for driving under the influence? If it is and he never did any sort of test, Darque is right on the spot, they had no proof of you driving under the influence and that card is basically saying you can have weed on you. If you were driving while this happened and were high I'd say you got really lucky if he didn't test.

Sociological Sense

Thanks man.., Yeah he only cited me for possession which is pretty funny seeming that I had my card on me..,But at anyrate I'm pretty sure it's gonna just depend on the judge that i get that will determine whether or not I'm going to be in the clear or not. Thanks again guys for your great insight..!!

RookieSmoker

With that, I think what should happen is that you go to court and show the judge that you had a cannabis club card. Since the officer never took a on the spot test, there is no proof that you were driving under the influence so you should be fine there. If the judge actually makes you pay the fine, I'd take it up with a higher decision since there is no reason for it after you show the card. Oh, and if you go to the court and get a ticket expunged you usually have to pay a $10 fee in CA. Good luck man.

Inhale

It's actually hard to convict someone of DUI for marijuana, unless they are caught smoking in their car. Since it stays in the system for a month on drug tests you can't prove if they were under the influence when they were driving. Red eyes can be allergies and being stoney can be explained as being tired.

Sociological Sense

Yeah the Sheriff was actually really cool.., he took my stash after h4e smelled it. He even told me it smelled really good.., LOL.., For some reason he didn't have me take it and destroy like step on it out side my car.., he actually dumped it in his unit.., that shit was really good too guys.., it was a eigth of Ginger.., if your not familiar with it it's actually like white widow but this was alot more spongier cannabis I mean BONG cannabis for sure. So it was hard to see it leave my hands but at the same time I didn't mind cause i knew he was being really cool with me.., also my driving record is clean which is always a really good thing. He could tell i wasn't slanging anything so that was cool of him.., BUT I HAVE A FEELING HE HAD A GOOD TIME AFTER HE GOT OFF WORK..., LOL.., OHHHHH and we still had about 8 more grams still in the car that he didn't bother to take either!!!!!

Buzzby

Prop 215 gives you freedom from prosecution for the possession of a reasonable amount of marijuana. Unfortunately, it doesn't prevent you from getting a ticket and wasting your time going to court to show that you can't be prosecuted. Some cops are clueless or want to give you a hard time.

If you show the court (you may not even have to go before the judge) that you have a legitimate doctor's recommendation and/or card, they have no choice but to withdraw the charges.

Did you demand that the officer give you a receipt for your property which he confiscated? If you did, you could make a claim to have it returned to you or be compensated for its value. If he destroyed the "evidence", he himself was committing a crime. Without evidence, you couldn't be convicted of possession even if you didn't have a doctor's recommendation.

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Sociological Sense

So what happens if he didn't get me a reciept for the herb. Can i still claim for it when I go to court..., it's 60 bucks worth of good shit. I jsut got the dam shit too.., from my club. anyway if i can't get it back because of my lack of knowing about it.., it's my fualt.., but if I can that would be cool.