Hello i am a california citizen and a medical patient with over 10 yrs of documented medical history of chronic stomach pain associated with IBD (chron's) as well as serious back pain associated with a minor degenerative spinal disease. I have had a medical recommendation to use medical cannabis for 4 years and grew my own veganically with no pesticides, chemicals, or animal waste as to have the purest medical product available as well as knowing exactly what i was ingesting as i only vaporize or make edibles, smoking only on rare occasions. In June of this year my GF and i were having a heated discussion around 12pm which i decided to remove myself from and go to my cousins house to avoid further argument. About 30 minutes later i recieved a phone call from my GF saying that the police were there and they want me to come home or they were going to get a search warrant for my home for marijuana?? I actually spoke to the detective and told them that i am a legal patient as well as my GF and i am a caregiver for my mother who has detached retena syndrome, and 4 other older patients 3 of whome have cancer and the other fibromyalgia. I told them that i had all documents and would present them to them so we could clear this up before my son arrived home from school at 3. I drove all the way home to find out that they had been searching my house, detaining my GF and questioning her all without a warrant or exigent circumstances for entry for over an hour. When they arrived she walked outside and shut the door behind her and told them that we were just arguing and that i had just left to go to my cousins. They asked her if she was hurt or if it had gotten violent she assured them that it never has gotten violent and showed them there were no buises or marks (which would have been exigent circumstances allowing them entry to do a safety sweep), They asked to look inside and she told them no and when she turned to go in they pushed the door in and pushed her on the couch and went to searching. When i arrived home after 1.5 hours of them being there i was met at the stairs by a detective who asked me why i had cannabis plants in my house and i asked him why he was in my house without a warrant to which i recieved no reply. They told me that if i didnt sign a consent form that they would get a search warrant anyway. I should have told them to fuck off but i had all the paperwork and figured i wouldnt go to jail or anything but was totally wrong. I found out later by 2 dif neighbors that they were hiding behind bushes with their guns drawn trying to hear if we were arguing but heard nothing because i wasnt even there. Kinda over the top for a serving the peace call huh? Well i repeatedly expressed that i wanted to hurry up so my son didnt see any of this and that he was my biggest concern and telling them that my mother was at the bus stop waiting for him and was going to take him to my cousins if they werent going to be gone by then. They replied by sending a seargent outside to repeatedly call me a drug addict because i adamately stuck to the medical truth and new more about the law then they did. (I have never used drugs, i dont drink alcohol, smoke ciggs, or drink caffeine and prove that in the 8 random drug tests i now have to take a month) That dick then turned around and told his partner to call CPS because he didnt think a kid needed to be around the "pot house". They then kidnapped my son who is 5 from school and took him to the police station and questioned him without a warrant or parent and even though their own report said that the child i above average development, healthy, happy, clean, large vocabulary, no signs of mental, emotional, or physical abuse, more than adequate food in the house, up to date medical and immunization records, and no prior reports from any teachers, doctors, etc about anything but that he is a well loved and well taken care of child. They lied massively about my plant numbers which were all babies because i had just recently harvested and had 1.42lbs which they took as well and are charging me with pos with sales even though i had 2 adults plus myself with recs living in the house which is supposed to allow me to posess 1.5lbs not to metion the .5 per patient rec for my other 4 so waaaayyyyy under the limit and there was no money, or anything else that would constitute sales but a scale. The plants which i was told numbered 68 on audio recording during interview were magically upped to 175!! but the dumb podunk pig wrote 3 dif numbers down and they dont even come close to 175 which 1 of the numbers was 68 lol and at least 20 were already harvested plants which were just a little nub sticking out of the dirt which they dug up by the roots. They destroyed all my strains which most were over 20 years old and some were close to 40. and worst of all they took my baby boy who is my heart and soul and i am now lost without him and they wont give me a reason they took him besides i had been arrested and that i am a mmj patient?? I was forced to plea no contest in family court because my public defender told me straight up that she didnt know if it would help if we fought it but she guaranteed that she couldnt do anything for us which i feel is because she didnt want to do the work. Now i am in the process of trying to petition a motion to set aside judgment because after doing what the lawyer told us and following all the bullshit they ask us to do and take parenting classes and counseling and the random drug tests the still wont even let us see him but 2hrs twice a week. I spent the last 3 yrs as a stay at home dad on account of my illness and my son is my life and we always were together and now the spark that he use to have is not there anymore and this is all bullshit im sorry if i rambled a bit there. Also as far as the criminal my GF and i were initially booked on a 1050?? whatever the fuck that is and then after being in jail for 30 min the bailiff called the cops and asked them what we were being held for because he couldnt hold us for nothing so they told him child endangerment $100,000??? (my child is the smartest and most social, loving, well behaved young man you would ever meet and all who know us would witness, he was 1 of 2 kids out of 35 that could read to his class even) then they charge us both with cultivation, possession with sales and then they charged me for my mom's 22 rifle that hadnt been shot in 7 years and had no bullets and a rusty chamber. after being threatend by police on the way to the hospital to get clearance for my disease in order for them to house me and sitting in county jail for 4 days not knowing what is going on with our son or anything with only a bag of carrots the whole time they let my GF out on her own recognace and lowered my bail to 25000 dropping my child endangerment charge all together?? And when i arrived home the place looked like the cops could come back any moment they had pulled whatever paraphenelia they had found out and left it on the stand they left a jar of cannabis which i saw on the floor behind a pillow on a couch they were sitting on, they left hash and wax sitting opened i mean it was the wierdest shit i had seen. Even the police report is blaitantly contradictory to their story and the "audio" they are suppose to have during the arrest. They say on the report that they arrest us on the charges and then they search the premises per consent? ha ha how the hell do u arrest us for something if you havent searched the house yet and why the hell would police take the word and wait for the "criminal" to drive all the way back and sign a consent form? they are bound by law to apply as soon as they think they have evience to support a crime not wait. I can elaborate on more in detail if anyone else wants to know about specifics in the report it would take to long to list the fuckups right now.
So we went to court for pre-trial on the 13th of aug and they had to push it back to the 25th of this month due to the fact the DA did not have the audio evidence even though the police had it marked and listed on the evidence sheet in the DA's hand she tried to act suprised but out lawyer demanded the evidence because we are motioning to dismiss based on illegal search and seizure and police misconduct. Ha they are scared because they had over 60 days to have everything ready and they dont so if and when it gets thrown out i am going to sue them till their eyes bleed and even then it will never compare to the pain that my son has to experience from being seperated from his loving parents who put him through private preschool even on a tight budget and raised him with the most love and care a child could ever need and the pain we have to go through everyday from the thought of them having our baby and they get money from the state and Fed for adopting (selling) good healthy children. The only reason they have him and it states on the report that its because we were arrested, that there was no supervision for the child (which was bullshit because they knew my mother was waiting at the bus stop for him) and that we use marijuana. I gave them 8yrs of legit supporting medical documents as well as a copy of my rec, a letter from the recommending doctor and they denied them stating that i have to have a "primary care physician" rediagnose me and write a recommendation for cannabis in order for me to not have to take drug classes?? How can someone's opinion override a licensed MD and documented proof or chronic pain and illness and i was just in the hospital in oct for 4 days with my bowels shut down being pumped full of steroids and anti-inflammitories and amtibiotics and deloded. The court order doesnt even say we have to quit because they know its against the law and they told us at first that it was ok because we had our recs and then 2 days before court she called and said that we still had thc in our system and that we werent going to get ty back because she was going to recommend removal to the judge. Then after getting a job again, cutting my usage by 3/4, medicating only 1-2 times a day and only being able to eat 1 meal a day if that they are now saying that i now have to get the primary care doctor who is going to write me a new rec (which 99% wont) he also has to write a recommended dosage (which is against california medical board rules) and then break down the dosage into how much that would equal out to NG/ML in a drug test??? (which isnt even humanly possible) The foster parents even see and say that we are obviosly great parents and love him very much and asked to up our visits and the CPS wont let them, we keep doing what they want and they keep making unrealistic goals because they know that they fucked up and that the reprocussion of this is going to be very bad on them especially if they give in and admit they were wrong. basically they cant turn back now for fear of what will happen with their job and rep so they are making my son suffer in the mean time. It kills me knowing that i can't be there to protect him as i have for the 5 yrs he has been on this earth all because of a chain-smoking alcoholic social workers overrated opinion. I struggle everyday now to find the urge to want to continue and wake up in the morning and not because my pain has doubled or that i am in and out of the bathroom 5-10 times a day its because my son was my life and now he is with some strangers all because my constitutional rights were not upheld. Basically i am just asking for prayers, advice, help, names, advocates, anyone that can help me figure out what the hell to do in my situation. I know looking for a lawyer to do pro bono is hard these days but i know there are some herb friendly lawyers that would love to make a name for themselves and this case is going to be a game changer. I am not just fighting and suffering for myself and my family but for all the patients out there who are still subject to this injustice as the facade of false safety falls. Again hope its not to frazzled for you guys and girls to read
peace and jah bless you all and your families.
So we went to court for pre-trial on the 13th of aug and they had to push it back to the 25th of this month due to the fact the DA did not have the audio evidence even though the police had it marked and listed on the evidence sheet in the DA's hand she tried to act suprised but out lawyer demanded the evidence because we are motioning to dismiss based on illegal search and seizure and police misconduct. Ha they are scared because they had over 60 days to have everything ready and they dont so if and when it gets thrown out i am going to sue them till their eyes bleed and even then it will never compare to the pain that my son has to experience from being seperated from his loving parents who put him through private preschool even on a tight budget and raised him with the most love and care a child could ever need and the pain we have to go through everyday from the thought of them having our baby and they get money from the state and Fed for adopting (selling) good healthy children. The only reason they have him and it states on the report that its because we were arrested, that there was no supervision for the child (which was bullshit because they knew my mother was waiting at the bus stop for him) and that we use marijuana. I gave them 8yrs of legit supporting medical documents as well as a copy of my rec, a letter from the recommending doctor and they denied them stating that i have to have a "primary care physician" rediagnose me and write a recommendation for cannabis in order for me to not have to take drug classes?? How can someone's opinion override a licensed MD and documented proof or chronic pain and illness and i was just in the hospital in oct for 4 days with my bowels shut down being pumped full of steroids and anti-inflammitories and amtibiotics and deloded. The court order doesnt even say we have to quit because they know its against the law and they told us at first that it was ok because we had our recs and then 2 days before court she called and said that we still had thc in our system and that we werent going to get ty back because she was going to recommend removal to the judge. Then after getting a job again, cutting my usage by 3/4, medicating only 1-2 times a day and only being able to eat 1 meal a day if that they are now saying that i now have to get the primary care doctor who is going to write me a new rec (which 99% wont) he also has to write a recommended dosage (which is against california medical board rules) and then break down the dosage into how much that would equal out to NG/ML in a drug test??? (which isnt even humanly possible) The foster parents even see and say that we are obviosly great parents and love him very much and asked to up our visits and the CPS wont let them, we keep doing what they want and they keep making unrealistic goals because they know that they fucked up and that the reprocussion of this is going to be very bad on them especially if they give in and admit they were wrong. basically they cant turn back now for fear of what will happen with their job and rep so they are making my son suffer in the mean time. It kills me knowing that i can't be there to protect him as i have for the 5 yrs he has been on this earth all because of a chain-smoking alcoholic social workers overrated opinion. I struggle everyday now to find the urge to want to continue and wake up in the morning and not because my pain has doubled or that i am in and out of the bathroom 5-10 times a day its because my son was my life and now he is with some strangers all because my constitutional rights were not upheld. Basically i am just asking for prayers, advice, help, names, advocates, anyone that can help me figure out what the hell to do in my situation. I know looking for a lawyer to do pro bono is hard these days but i know there are some herb friendly lawyers that would love to make a name for themselves and this case is going to be a game changer. I am not just fighting and suffering for myself and my family but for all the patients out there who are still subject to this injustice as the facade of false safety falls. Again hope its not to frazzled for you guys and girls to read
peace and jah bless you all and your families.
