Quote:
Originally Posted by LDGhetto
I was arrested on felony hash possession and of course had my amount taken.
|
According to the health safety code section 11357a
Hashish and concentrated cannabis, including edibles, are also included under prop 215.
California NORML
Quote:
|
I was in jail roughly 30 hours before I was bailed out in which time I had to hear much mocking and joking about how someone with depression can be "prescribed" marijuana.. a "depressant". The sheriffs all said they had never heard of hash being under the medical marijuana law and saying that anybody could print up a fake medical marijuana license online... ignoring the state seal stamped into it and the verification number at the top.
|
Remember your right to remain silent. The police have no right to know your medical afflictions. This is between you and your doctor. The HIPA laws protect your privacy in this area.
That said, police taunting is only irritating if you let it get to you, there's no real harm done and they wouldn't know what your recommendation was for if you didn't tell them.
Quote:
|
She then said their public defender's office doesn't have much experience with medical marijuana cases at all and she personally didn't know whether hash was covered but figured it should considering it's a marijuana derivative and marijuana itself was made legal for medical reasons. Sorry to make you read all that but I feel it's kind of necessary to get where I'm coming from.. Should I stick with the public defender?
|
Peronally, I'd find another lawyer, one that didn't say she didn't know what the law was. Check the lawyer guide at NORML.org. Yeah, I understand you can't afford it, but you also can't afford 3 years in jail. Maybe they will work something out to help you.
Also, read the full text of Prop 215 for yourself, and read SB 420. They define what marijuana is (includes hash).
I'd also suggest you read the new Attorney General guidelines. These were designed to standardize police encounters. Essentially, these say verify medical status, and leave them be (catch & release), assuming you're not DUI. You should bring this point up with your lawyer. [these guidelines can be found on the net]
I'm not a lawyer but if the facts are as you describe, I can't see how you'd lose (assumes the cops are honest and don't lie about your actions).
I'd suggest you write down everything that happened in detail so your lawyer has the best chance to help you.
- Did you say anything to the cops?
- Did you give them permission to search?
- did you tell them you didn't give them permission?
- Did they read you your rights? etc. etc.
I wish you the best of luck brother. Stop back and let us know how you make out.