[jimichunga]

Earlier this year i was stopped and searched and given a citation for possession.

At my arraignment the DA had not filed against me. Well today i got a notice from the DA that i am being prosecuted on both of these codes:

11357(a) HS POSESSION OF CONCETRATED CANNABIS
11357(C) HS POSESSION OF MARIJUNA - MORE THAN 28.5 GRAMS

I am just wondering that my current recommendation gurantees my right to carry the cannabis and should expect dismal of both charges.

Your help is greatly appreciated.

If the judge don't dismiss the case due to your protection under the california laws...you may be the person who must go before the United States Supreme Court to assert California's 10th Ammendment right to make laws not prohibited in the US Constitution! And, you may be the person who gets to sue the California agency that's prosecuting you.

What kind of concentrate did you have?

[jimichunga]

Id rather be the prior of the two for the time being.

I think i had the free .5 of hash from KTC for 1st timers,
Maybe some free kief from EC if they count that as a concentrate as well.

Originally Posted by jimichunga

Id rather be the prior of the two for the time being.

I think i had the free .5 of hash from KTC for 1st timers,
Maybe some free kief from EC if they count that as a concentrate as well.

Insofar as medical marijuana is concerned, hash is simply processed flowers, not a concentrate.

Even goo isn't a concentrate. It's just processed flowers.

It's all isolated THC. When you light a match, you burn away the cellulose and THC gets vaporized into the smoke. ...that's a concentration process, if you will.

Same thing with smoking out of a bong...you are concentrating the THC via water filtration.

Sheet, pulling the nug off of the stem is concentrating the location of the THC...

You had processed flowers, hash. But, you will deinfately need an expert to get that charge dropped. And, you can bet it will go to the appelate and supreme courts unless...they just drop the charges when they realize you're gonna fight it through to the supreme court!

[otisblue]

The charges are considered "Wobblers", a charge that can be a felony. I would contact a good attorney to get the case dropped. Google Alison Margolin's name and get in touch with her. Just a personal recommendation.

[ASA Field]

Unless you have lots of money to spend on an attorney, I recommend calling ASA's free legal hotline: 510-251-1856 x 304. If you have a public defender, we can provide him/her with information to help with your case.

[SativaMan]

Originally Posted by jimichunga

Earlier this year i was stopped and searched and given a citation for possession.

At my arraignment the DA had not filed against me. Well today i got a notice from the DA that i am being prosecuted on both of these codes:

11357(a) HS POSESSION OF CONCETRATED CANNABIS
11357(C) HS POSESSION OF MARIJUNA - MORE THAN 28.5 GRAMS

I am just wondering that my current recommendation gurantees my right to carry the cannabis and should expect dismal of both charges.

Your help is greatly appreciated.

Thanks ASA for your Post/Info on this.I think once the Date is set for Pre-Trial it will hopefully be Dropped as it should be.

[ambush1]

i would second the alison margolin or go with bruce if he is still trying cases but alison would be a great choice

[brainded]

Since I see a particular Co-Op mentioned above, talked with them in general about an incident that had just happened, may I ask if you were the ones that drove away one night without your headlights on?

If so, kudos to the Co-Op for thier compassion on replacing the conficated medicine. I believe, (and it's a basic recommendation) that you should always put your medicine in the TRUNK of your car when leaving a Co-Op. I myself have done some pretty stupid driving in the city, not from the medication, but slow-countryboy mentility.

The best advise is right above this post... ASA ...

Good-Luck Bro, we are behind ya.

Brainded

[ZEROKOOL]

the margolans are overrated and overpriced.
all the lawyers in the CA NORML list are all cannabis friendly.
i used glew and kim law they quoted me 1500 less then margolan.
i know a few people who used margolan and they were no better off.

[AlwaysOTR]

Tell them you're sorry. They will drop those charges in a second!

[KushAgent]

My buddy is a sherriff (from one mans opinion)...

He and I were talking/arguing about medical marijuana.. He told me that they have monthly (maybe monthly or something, not exactly sure.. conversations was over 1 month ago) drug briefings and thier policy is that concentrated cannabiss is illegal under the law. He asks me if I know what hashish was and that he can bet me that it is illegal under california law and started saying all these penal codes... What a dolt. (BTW, If I didn't know the guy since high school I would no longer be his friend) blah blah... anyways... the point is that what I got from the guy was that the sherrifs consider concentrated cannabiss illegal and would bust people if they found it. On the other hand, he also stated that if it were just some weed, he wouldn't even waste his time with the paper work and let the guy go.

[ZEROKOOL]

Originally Posted by KushAgent

My buddy is a sherriff (from one mans opinion)...

He and I were talking/arguing about medical marijuana.. He told me that they have monthly (maybe monthly or something, not exactly sure.. conversations was over 1 month ago) drug briefings and thier policy is that concentrated cannabiss is illegal under the law. He asks me if I know what hashish was and that he can bet me that it is illegal under california law and started saying all these penal codes... What a dolt. (BTW, If I didn't know the guy since high school I would no longer be his friend) blah blah... anyways... the point is that what I got from the guy was that the sherrifs consider concentrated cannabiss illegal and would bust people if they found it. On the other hand, he also stated that if it were just some weed, he wouldn't even waste his time with the paper work and let the guy go.

i have herd that quite a few times.
i stoped buying so much hash at disp. and quit carrying it, unless its straight home.
i dont even 'carry' either, im lucky enough i got to stash a bubbler and stash at my work so my car is empty unless i go on a smoke break..

[SanDiegoGirl]

Originally Posted by jimichunga

11357(C) HS POSESSION OF MARIJUNA - MORE THAN 28.5 GRAMS

11357.C - Perhaps someone will correct me if this is wrong, but 11357.C is the proper charge for someone who has marijuana in their possession but no valid rec. If you are pulled over, and do show a valid rec, and are charged this way anyway, you are simply being harrassed. Or the police don't know MMJ laws-- which is why you should carry a written copy of them when ever you have MMJ in your car.

Sometimes they will forward your case on without your rec, just to make you hire a lawyer and make you sweat. If there is a valid rec, it doesn't fall under 11357.C.

Todd Landgren is an OC attorney who specializes in MMJ and DUI. For those with a case in Orange County - consider calling him. He knows the lay of the land there. In LA, I would consider someone other than Alison Margolin.

Once your lawyer brings your valid rec to court, they should drop the charges. Word of caution. Do no go to court alone. Especially in a few places like OC, where they are playing particularly dirty pool against legitimate patients.

Very best of luck to you.

[Funnyguy2b]

Here is some great info from the ASA website http://www.safeaccessnow.org/article.php?id=4739

I also found this interesting article. I hope this helps, good luck with your case.

Hashish Is Medical Marijuana, Attorney General Says

By KENNETH OFGANG, Staff Writer

Concentrated cannabis, or hashish, is included within the meaning of “marijuana” and may be used for medical purposes under Proposition 215, Attorney General Bill Lockyer said.

In an opinion made public yesterday, Lockyer told Menocino County Sheriff-Coroner Anthony J. Craver that voters must have intended to include all forms of cannabis when they passed the “Compassionate Use Act of 1996.”

Lockyer was a staunch backer of the measure, whose implementation has been difficult because federal authorities continue to enforce conflicting federal law that recognizes no legitimate uses for cannabis.

Hashish is distinguished by its high level of tetrahydrocannabinol, or THC, the most active pharmacological ingredient in marijuana. Ordinary marijuana has a THC level of between five and 60 percent, while the concentrated form may have a THC level of as high as 70 percent.

The attorney general noted that under Proposition 215, if a patient or caregiver “possesses or cultivates marijuana for the patient’s medical purposes upon the recommendation or approval of a physician,” that person is exempt from prosecution under Health and Safety Code Secs. 11357 and 11358.

Sec. 11357 makes possession of hashish a “wobbler,” punishable by up to three years in prison, and makes possession of up to 28.5 grams of marijuana, “other than concentrated cannabis,” a misdemeanor carrying a fine of no more than $100. An exception is made for possession of ordinary marijuana on school grounds, which carries a fine of up to $500 and/or a maximum of 10 days in jail.

Sec. 11358 makes cultivation of marijuana, in any form, a felony punishable by up to three years in prison.

The statutory definition of marijuana for purposes of Proposition 215 “plainly includes concentrated cannabis,” Lockyer wrote. There is no reason to interpret “marijuana” differently in Proposition 215 than in other laws, the attorney general explained, adding that had the authors of the initiative intended to exclude hashish from the definition, they would have used language similar to the “other than concentrated cannabis” phrase in Sec. 11357.

“Of course, if concentrated cannabis were not ‘marijuana’ in the first instance, there would be no need in section 11357 to employ the phrase ‘other than concentrated cannabis,’” the attorney general explained. He added that there was nothing in the ballot materials for the initiative that indicated an intent to treat hashish in a different manner than the less potent forms of the drug.

The opinion, No. 03-411, was prepared for Lockyer by Deputy Attorney General Gregory L. Gonot.

[airtimejunkie]

[QUOTE=jimichunga;195061]Earlier this year i was stopped and searched and given a citation for possession.QUOTE]

Why were you stopped and searched? Where did it happen?

Airtime

[natefrogg]

what happened? i'm pming you =)

[Ron Burgandy]

Good luck with your case. I, along with many others, am very interested to see what happens with it. Good luck to you, know your laws, and hope that the judge (and everyone else involved), knows them also.

[jimichunga]

On 11/9/07 after 9 months both charges for marijuana were dismissed.

All it took was a subpoena of my med records from my recommending dr. (even tho the citing Piggler took my original rec with my meds)

Way to go justice system!!


EDIT: Anyone know how to file for a return of property?? I neglected to ask my PD.

[SanDiegoGirl]

Originally Posted by jimichunga

On 11/9/07 after 9 months both charges for marijuana were dismissed.

All it took was a subpoena of my med records from my recommending dr. (even tho the citing Piggler took my original rec with my meds)

Way to go justice system!!


EDIT: Anyone know how to file for a return of property?? I neglected to ask my PD.

Congratulations Jimichunga, glad this is over for you...
You shouldn't have had to go through it in the first place....
But glad all is well for you now...:)

YEEEEEEAAAAAHH (yelled in lil Jon fashion)

Congrats Jimi, I am so happy to hear this. As far as filing for a return of property I could have sworn I saw a thread about that once, try searching, but I honestly don't remember if it got into the details of filing.

Congrats again brother, every victory for a patient is a victory for the community.

best
Z

Originally Posted by jimichunga

On 11/9/07 after 9 months both charges for marijuana were dismissed.

All it took was a subpoena of my med records from my recommending dr. (even tho the citing Piggler took my original rec with my meds)

Way to go justice system!!


EDIT: Anyone know how to file for a return of property?? I neglected to ask my PD.

Originally Posted by jimichunga

On 11/9/07 after 9 months both charges for marijuana were dismissed.

All it took was a subpoena of my med records from my recommending dr. (even tho the citing Piggler took my original rec with my meds)

Way to go justice system!!


EDIT: Anyone know how to file for a return of property?? I neglected to ask my PD.

jimichunga ,too thumbs up for you , !!! cant tell you how happy iam to see you get off !!

[Hav805]

grats on getting the case thrown out, I hate how they make you stress

[Medpatient]

Congrats Jimi glad to see that the law worked for you to. I know ASA has the forms to fill out and submit for the return of property order. Cop took your recommendation to, they did that to me.

After my case was dropped I went in and filed a formal complaint against the officer for neglecting my right to due process since as far as the DA was concerned I wasnt a patient until I gave them the paperwork since my rec was never entered into evidence.

I would seriously recommend filing a formal complaint against the arresting officer. Formal complaints will hurt an officer especially when it comes to their promotions which means pay raise.

[Jah_Dankles]

Originally Posted by jimichunga

On 11/9/07 after 9 months both charges for marijuana were dismissed.

All it took was a subpoena of my med records from my recommending dr. (even tho the citing Piggler took my original rec with my meds)

Way to go justice system!!


EDIT: Anyone know how to file for a return of property?? I neglected to ask my PD.

Be careful filing for a return of property! Cuz the DA can re-open your case within a certain amout of time (i think its 3 years) And alot of people who try to get there stuff back, the DA takes as an insult, after they dropped your case! Im just saying this from witnessing my cousin go through it personally!

Much Love

Jah