Medical Patient Arrested on Hash Possession Needs Advice!

[EdMorph]

I hate to have to join this forum this way but unfortunately this happened directly after I got my Prop 215 patient card. I've suffered from anxiety and depression most of my life after having a rough upbringing and losing some people very close to me. I had seen a therapist as a child then was prescribed anti-depressants when I was 18, the first kind I was prescribed made me suicidal and the second one completely numbed me out. I felt no highs and no lows just very nothing, after taking this for a year I decided to start self medicating with marijuana on a daily basis and it worked better than anything I had ever taken with minimal effect on my daily life.

I've since (4 and a half years) been self medicating with marijuana and became a patient after having a consultation 2 months ago in Los Angeles at a clinic that has been around for many years and is well respected with legitimate credentials. That same weekend I went to a dispensary closer to my house on the border of San Bernardino county and was arrested about a block or two away with my acquirement (1 gram of hash and 1 complimentary joint) still sealed in the original bag with a notice not to open till you get to your destination. I was with a friend who also had a medical marijuana license and had a gram of marijuana, both of us produced our original copy medical marijuana licenses with the State of California seal on them. He was ticketed for possession and had his amount taken and I was arrested on felony hash possession and of course had my amount taken. 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.

I had an arraignment on Monday but the public defender delayed the arraignment until December. The public defender then proceeded to tell me I was facing a possible 3 years in jail for the possession but more than likely it will be some sort of Prop. 36 "rehab" recovery program, which the public defender said probably won't allow medical marijuana despite the license. She then said people with medical marijuana licenses win at a very high rate when it goes to trial... if they have their own lawyer. 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? I really can't afford a lawyer at all but I really don't think I'm in the wrong considering every dispensary I have been to has hash! I would seriously appreciate some feedback, support, or suggestions as my arraignment is going to be in just a few short weeks.

Thank you all very much even if you have read this far!
Hunter

 

[Keith Lake]

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

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.

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.

 

[Jim Finnel]

i don't know the cali laws well enough to advise you. it looks like soniq420 gave you some good advice. if there is anyway for you to get a lawyer do it. public defenders are usually just paper pushers who have to many cases to be effective even if they want to.

maybe it will get thrown out if you have your paperwork in order. if it does get thrown out or you win don't forget they are required to give your meds back.

 

[bezerkeleybud]

Former AG Bill Lockyer on October 21, 2001 memo no. 03-411, in answer to then sheriff-coroner of Mendocino county Anthony J. Cravier's request ["Is concentrated cannabis or hashish included within the meaning of "marijuana" as the term is used in the Compassionate Use Act of 1996?] Conclusion of the AG:
"Concentrated cannabis or hashish is included within the meaning of "marijuana" as the term is used in the Compassionate Use Act of 1996"
The cops here in Berkeley run that line of bull abt concentratesnot being 215 legal but I have a copy of the AGs opinion here in my lap and im my wallet. Make sure whoever reps you knows abt it.; again No. 03-411 October 21, 2003 Opinion of Bill Lockyer, AG
Peace
Posted link to .pdf file below to confirm:

 

[bezerkeleybud]

https://www.chrisconrad.com/expert.witness/aglockyerhash03-411.pdf

 

[420]

i would contact the district attorney's office yourself and show them your doctor's recommendation and tell them you will bring your hired attorney and will go to trial if they don't dismiss the case... just like cops threatening you to fold under pressure, you must reverse the rolls and stand your ground, because you are in the right... they will probably drop it right there... you are in the right under California law, no matter what anyone says... reverse the rolls and play the dominant position... just be sure to remain polite, respectful and mature about the whole thing... it's all a game of show and tell really... you have nothing to fear, don't settle for anything less that a dismissal or threaten a jury trial...

 

[EdMorph]

Thank you so much, this has been very helpful. I intend to print the opinion of the Attorney General and give a copy to the public defenders office since it seems they don't know anything about it. Should I also give a copy to the District Attorney's office to possibly enlighten them so it does't go to the point of trial? The public defender's office already has a copy of the motion to demurr (or throw out) the case which includes a couple of court cases, the reason the arraignment was delayed is because they wanted to analyze and add to it or take away from it.

 

[EdMorph]

Sorry 420, I just saw your reply (and might I say thank you Mr. Founder for replying) would I need to get anything notarized before I give it to the D.a.? A copy of my medical license was included in the motion to demurr so should I bring it in anyways? Wouldn't I just end up talking to an assistant to the D.a.? I really like your idea but I'm a little hesitant, during the arriagnment part 1 the D.a. was given a copy of my motion (with my medical license) and the public defender asked to extend the arraignment until they can look over the motion and submit their own and the D.a. looked through it quickly and with a big smile on his face he looked up at the judge and said he's ready to argue against my motion right now. I don't know what he thinks he's got or if he knows about the attorney general's opinion considering they don't seem to get many medical marijuana cases in this district for some odd reason..

 

[tintala]

Believe it or not public defenders and judges all go to the same barbeques! They all hang together, and talk about their cases. Everyone knows everybody else in the court house. I would get an attorney, put it on a ccd , if you dont have a ccd, get one! But do not use the public defender, the judge and him prob had cocktails together last night.

 

[Lucent]

Definitely find another lawyer.
I've heard from friends that public defenders always try to negotiate, meaning you won't get off like you should with another lawyer.

If you go to court, you will get off, if your story is the way you say it is.

I've had a buddy getting hassled by the police in my town. They suspended his license, took almost an oz from him 3 nights in a row (and still do it often, everytime they see him, i live in a small town so we have an overabundance of cops and they have nothing better to do but try and get this guy for doing something) he has been taken to jail as you have, when it was unnecessary.

But he got off on everything with a lawyer, but it still cost him his weed (it possibly dried out while he waited for its return after his court date) and he had to pay his lawyer which cost him more than the offenses would have cost him, but its the principle that matters, right?

My advice: get another lawyer and you will get off with nothing on your record, if the story is the same as you said it is.

 

[Happy Kitty]

It's crazy what happened to you! What gung ho cop would even bother making such a big deal about one gram of hash. And what the hell are they doing arresting people when they leave the club. I'm just curious...does the club know that happened? Were they arresting everyone coming out, or did they just single you two out.

All of the advice you have received is excellent. It's amazing how many legal professionals don't really know the law. Scary, huh? Just follow the advice above, stand your ground, sing to the rafters your situation, get a reporter to pick up your story. If nothing else, let them do an article about the taxpayers money at work. Always in a calm, respectable manner. Put a copy of prop215 on the DA's desk, highlight the part pertaining to your situation. I'll bet you a buck they'll look at it, see how much they have to read, and just drop the case. I hope so anyway.

Best wishes to you. I hope you will keep you posted.

Peace