WeedTRACKER

fossil · 03-08-2007, 01:26 PM

Well, my tale of woe began in the fall of 2006. Finally, three months into '07 things are finally resolved. To give you the high points:

1) Never carry any medicine in your car. If you do, keep it away from the driver's area, locked up (best in the trunk).

2) Do not assume that an officer will understand your recommendation and "let you off." If they are getting that far into investigating you, they are planning to arrest you and it is past time to shut up and hire a lawyer.

3) Despite the intent of the CUA, despite the Attorney General's Opinion, and despite all the other evidence - many law enforcement agencies, and the District Attorneys for those Agencies, do not consider concentrated cannabis (specifically Keif, Hashish or Hash Oil) as being covered under the law and your recommendation. Further, for these Counties, possession of Concentrated Cannabis is prosecuted as a FELONY.

4) As Richard Gere said in "Primal Fear" - "You been saving up for a rainy day? Guess what it's raining." Hire the best attorney you can to represent you. Sure, you might be able to get yourself out of trouble, and sure - no one wants to spend their hard earned money hiring a lawyer, but you really need to be well represented. Who wants a felony on their record? Also, if you hire an attorney, follow their advice - even if it doesn't seem right. You hired the best, listen to them.

So my tale is: driving one evening on a small, one-way street, a car whips up behind me (probably going 2x the speed limit). I look and pull over on the shoulder to let the car pass. Instead the car pulls behind me and turns on the lights. The officer approaches. MY MISTAKE NUMBER ONE: for a variety of reasons, I kept all my medicine in my car. Sure, I wasn't using, but the car smelled like an ashtray. Immediately the officer notices. I hand him my recommendation and explain that I am a qualified patient. He asks for my medicine, I deliver it. In the container he finds both bud and concentrate. Immediately, things begin to change. More officers arrive. They pull me out of the vehicle. They say they want to search the rest of my car, I deny that and request a lawyer. They lock me up, and search my car, finding more medicine and tools in the back of the vehicle (some cars don't have a trunk, MISTAKE NUMBER TWO). Now I'm off to jail.

Well, my County charges me with a felony for possession of Concentrated Cannabis. Pre-trial did nothing, leading me to Preliminary Hearing today. With the direction of my lawyer, and the qualified testimony of my referring physician, the judge found that I had less than the law allowed, was a qualified patient, and he dismissed the case!

Special Thanks to: Jerry Schultz, and the other lawyers at the Offices of Bruce Margolin for their help and representation. Dr. Dean Weiss, my referring doctor, for driving to court to testify and presenting such a compelling argument.

Be careful out there!

Crohnie · 03-08-2007, 01:49 PM

It sucks that you had to go through all of that, but it sounds like it worked out for you in the end. Thanks for sharing you story with us, and may you never be harassed again!

03-08-2007, 02:09 PM

Thank you for the detailed information.

I carry Mr. Margolin's card and my original recommmendation wherever I go!

I am soooo thankful the system worked for us today!

Would it be possible for you to provide us a copy of the minute order from the court so that we can show this case's disposition to any LEO that pulls over us fellow concentration patients???

Congrats!

SanDiegoGirl · 03-08-2007, 02:17 PM

I went through EXACTLY the same thing. Minus the concentrates.

Sorry for your experience, fossil, but it is helpful to other patients to know the truth about how law enforcement really behaves with MMJ patients.

Prior to my own encounter with law enforcement, I was under the false sense of security that all I had to do was show my rec, and offer my doctors phone number, and they would be able to identify me as a legitimate and legal patient.

If only that were their goal-- to make sure you are legit, and if so, that you are in limit compliance.

But in many jurisdictions that isn't the case.

Many agencies don't even have a protocol for how to treat you. That is why we read of so many cases of patients being asked to empty their meds and smash them under their feet, and do other ridiculous things at the hands of law enforcement.

DSW90049 · 03-08-2007, 02:18 PM

Fossil:

Congrats! You hired excellent counsel and you got an excellent result.

Friends don't let friends plead guilty- nohow

firemonkey · 03-08-2007, 03:21 PM

Thank you for letting us know what happened. I too used to think that my rec was all I needed, but the more I research, the more I know I need to be very, very careful!

Lou Weed · 03-08-2007, 06:26 PM

Congratulations on having an excellent team to back you up and thank you for being a patient willing to stand up for our community and for yourself, especially by recounting your experience so we can all learn (or remember!) many important points that will only serve to empower us.

Feel well!

zutnick · 03-08-2007, 06:39 PM

Great information for all. Thank you for sharing. I have heard this about Concentrates that it is considered a wobbler. Does anybody know more about this wobbler charge?

zutnick · 03-08-2007, 06:41 PM

Here is what is is if anyone is interested just found it>

Wobbler: A wobbler is a crime that could be charged as either a felony or misdemeanor. Even if a wobbler begins as a felony, it may be reduced to a misdemeanor at sentencing, or the completion of successful probation.

sdfriend · 03-08-2007, 06:57 PM

hey fossil, glad to hear things went well for you and all is resolved.

so many of these cases can end badly.

:smile2:

stopthemadness · 03-08-2007, 07:24 PM

fossil & SDGirl - Thank you for sharing your experiences. I hope I never have to deal with LEO.

***TrippleC*** · 03-12-2007, 01:23 PM

:smile2: WE AT TRIPPLE C WOULD LIKE TO THANK YOU ALL FOR THE SHARING OF YOUR STORIES. WE HAVE HEARD MANY OF THE SAME POSTIVE STORIES FROM OUR PATIENTS. WHAT WE HAVE TO INDURE BEFORE WE ARE SET FREE REALLY!@##@! WE WOULD ALSO LIKE TO SAY THANKS TO THE MARGOLIN OFFICES, THEY WERE THERE FOR US WHEN NEEDED.

onetoke · 03-15-2007, 05:06 AM

I called the Margolin hotline that's on the Marijuana laws book, and all they told me was that federal law upholds state law and theres nothing that I can do. I got annoyed and said "What's the point in your book, then?" and they just hung up on me. Big help they are.

Defy · 04-14-2007, 05:49 PM

I just had a run in with leo's where my meds were taken, they were buds not concentrates tho. this just happened, so I'm not sure what they're gonna do, I'll see what happens when I go into court.

but its promising to hear that your charges were dropped.

my question tho, is what happened after the charges were dropped? I mean, I'm sure they impounded your car, took your meds and you were out of work while you were incarcerated & in trial. I'm sure getting your meds back were the least of your worries, but what kind of things happened after? did they release your car or did you have to pay for it? how long did the trial process take?

PishiiMeow · 04-20-2007, 08:15 AM

My boyfriend and I got into an encounter with LEO and I will post my story when WeedTracker lets me for advice BUTTT in Ventura County ALL LEO HAVE PROTOCOL SO PATIENTS IN THAT AREA MAKE SURE YOU ASK THEM TO FOLLOW IT! In fact, the LEO showed my bf and I the list of steps he has to take when dealing with someone with cannabis vs the steps with dealing with a medical marijuana patient who is entitled to possesion use and cultivation. The LEO told us that every county should have this and its broken down step-by-step with exactly which words to say so GOODLUCK !

HairyKushna · 04-27-2007, 07:10 PM

Quote:

Originally Posted by PishiiMeow

My boyfriend and I got into an encounter with LEO and I will post my story when WeedTracker lets me for advice BUTTT in Ventura County ALL LEO HAVE PROTOCOL SO PATIENTS IN THAT AREA MAKE SURE YOU ASK THEM TO FOLLOW IT! In fact, the LEO showed my bf and I the list of steps he has to take when dealing with someone with cannabis vs the steps with dealing with a medical marijuana patient who is entitled to possesion use and cultivation. The LEO told us that every county should have this and its broken down step-by-step with exactly which words to say so GOODLUCK !

by far .. the most logical method ive seen so far.
too bad brattons off too busy touching a fellow officer.
he cant print a simple code of conduct how officers should act w. PATIENTS not criminals. SHEeSH!

03-08-2007, 01:26 PM	#1 (permalink)
fossil Doing the best he can. Join Date: May 2006 Co-Op: No Vendor: No Patient: Yes Posts: 20 Rep Power: 0	Lessons Learned Well, my tale of woe began in the fall of 2006. Finally, three months into '07 things are finally resolved. To give you the high points: 1) Never carry any medicine in your car. If you do, keep it away from the driver's area, locked up (best in the trunk). 2) Do not assume that an officer will understand your recommendation and "let you off." If they are getting that far into investigating you, they are planning to arrest you and it is past time to shut up and hire a lawyer. 3) Despite the intent of the CUA, despite the Attorney General's Opinion, and despite all the other evidence - many law enforcement agencies, and the District Attorneys for those Agencies, do not consider concentrated cannabis (specifically Keif, Hashish or Hash Oil) as being covered under the law and your recommendation. Further, for these Counties, possession of Concentrated Cannabis is prosecuted as a FELONY. 4) As Richard Gere said in "Primal Fear" - "You been saving up for a rainy day? Guess what it's raining." Hire the best attorney you can to represent you. Sure, you might be able to get yourself out of trouble, and sure - no one wants to spend their hard earned money hiring a lawyer, but you really need to be well represented. Who wants a felony on their record? Also, if you hire an attorney, follow their advice - even if it doesn't seem right. You hired the best, listen to them. So my tale is: driving one evening on a small, one-way street, a car whips up behind me (probably going 2x the speed limit). I look and pull over on the shoulder to let the car pass. Instead the car pulls behind me and turns on the lights. The officer approaches. MY MISTAKE NUMBER ONE: for a variety of reasons, I kept all my medicine in my car. Sure, I wasn't using, but the car smelled like an ashtray. Immediately the officer notices. I hand him my recommendation and explain that I am a qualified patient. He asks for my medicine, I deliver it. In the container he finds both bud and concentrate. Immediately, things begin to change. More officers arrive. They pull me out of the vehicle. They say they want to search the rest of my car, I deny that and request a lawyer. They lock me up, and search my car, finding more medicine and tools in the back of the vehicle (some cars don't have a trunk, MISTAKE NUMBER TWO). Now I'm off to jail. Well, my County charges me with a felony for possession of Concentrated Cannabis. Pre-trial did nothing, leading me to Preliminary Hearing today. With the direction of my lawyer, and the qualified testimony of my referring physician, the judge found that I had less than the law allowed, was a qualified patient, and he dismissed the case! Special Thanks to: Jerry Schultz, and the other lawyers at the Offices of Bruce Margolin for their help and representation. Dr. Dean Weiss, my referring doctor, for driving to court to testify and presenting such a compelling argument. Be careful out there! fossil says.."He was smoking 'reefer' back before it was a crime." --Shel Silverstein, The World's Greatest Smoke-Off

03-08-2007, 01:49 PM	#2 (permalink)
Crohnie I never run out of gas! Join Date: Aug 2006 Location: OC Co-Op: NO Vendor: NO Patient: YES Posts: 606 Rep Power: 127	Re: Lessons Learned It sucks that you had to go through all of that, but it sounds like it worked out for you in the end. Thanks for sharing you story with us, and may you never be harassed again!

03-08-2007, 02:09 PM	#3 (permalink)
mmj patient Guest Posts: n/a	Re: Lessons Learned Thank you for the detailed information. I carry Mr. Margolin's card and my original recommmendation wherever I go! I am soooo thankful the system worked for us today! Would it be possible for you to provide us a copy of the minute order from the court so that we can show this case's disposition to any LEO that pulls over us fellow concentration patients??? Congrats!

03-08-2007, 02:17 PM	#4 (permalink)
SanDiegoGirl Graphic Design Join Date: Jul 2006 Location: San Diego Co-Op: No Vendor: No Patient: Yes Posts: 281 Rep Power: 174	Re: Lessons Learned I went through EXACTLY the same thing. Minus the concentrates. Sorry for your experience, fossil, but it is helpful to other patients to know the truth about how law enforcement really behaves with MMJ patients. Prior to my own encounter with law enforcement, I was under the false sense of security that all I had to do was show my rec, and offer my doctors phone number, and they would be able to identify me as a legitimate and legal patient. If only that were their goal-- to make sure you are legit, and if so, that you are in limit compliance. But in many jurisdictions that isn't the case. Many agencies don't even have a protocol for how to treat you. That is why we read of so many cases of patients being asked to empty their meds and smash them under their feet, and do other ridiculous things at the hands of law enforcement.

03-08-2007, 02:18 PM	#5 (permalink)
DSW90049 WT Advanced Member Join Date: Feb 2007 Location: West LA Co-Op: NO Vendor: NO Patient: YES Posts: 642 Rep Power: 124	Re: Lessons Learned Fossil: Congrats! You hired excellent counsel and you got an excellent result. Friends don't let friends plead guilty- nohow DSW90049 says.. In the land of the blind, the one-eyed man is King! _________________________________________ me, flying my green laz-e-boy thru the skies of the Santa Monica Mountains To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

03-08-2007, 03:21 PM	#6 (permalink)
firemonkey Nor Cal girl Join Date: Feb 2007 Location: In the wine country! Co-Op: No Vendor: No Patient: Yes Posts: 685 Rep Power: 19076	Re: Lessons Learned Thank you for letting us know what happened. I too used to think that my rec was all I needed, but the more I research, the more I know I need to be very, very careful!

03-08-2007, 06:26 PM	#7 (permalink)
Lou Weed The trick my mother played on the world. Join Date: Jul 2006 Location: Los Angeles Co-Op: No Vendor: No Patient: Yes Posts: 923 Rep Power: 4230	Re: Lessons Learned Congratulations on having an excellent team to back you up and thank you for being a patient willing to stand up for our community and for yourself, especially by recounting your experience so we can all learn (or remember!) many important points that will only serve to empower us. Feel well! Lou Weed says.. "You don't win wars by dying for your beliefs, but by making other bastards die for theirs."

03-08-2007, 06:39 PM	#8 (permalink)
zutnick WT Regular Join Date: Nov 2006 Location: High Desert Co-Op: No Vendor: no Patient: Yes Posts: 449 Rep Power: 256	Re: Lessons Learned Great information for all. Thank you for sharing. I have heard this about Concentrates that it is considered a wobbler. Does anybody know more about this wobbler charge? zutnick says.. I HATE PEOPLE THAT TAKE DRUGS! Like Cops, DEA Agents, and Customs Officials. -- Thomas Jefferson To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

03-08-2007, 06:41 PM	#9 (permalink)
zutnick WT Regular Join Date: Nov 2006 Location: High Desert Co-Op: No Vendor: no Patient: Yes Posts: 449 Rep Power: 256	Re: Lessons Learned Here is what is is if anyone is interested just found it> Wobbler: A wobbler is a crime that could be charged as either a felony or misdemeanor. Even if a wobbler begins as a felony, it may be reduced to a misdemeanor at sentencing, or the completion of successful probation. zutnick says.. I HATE PEOPLE THAT TAKE DRUGS! Like Cops, DEA Agents, and Customs Officials. -- Thomas Jefferson To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.

03-08-2007, 06:57 PM	#10 (permalink)
sdfriend Medicated Join Date: Jan 2007 Location: in the Freezer Co-Op: No Vendor: No Patient: Yes Posts: 591 Rep Power: 30	Re: Lessons Learned hey fossil, glad to hear things went well for you and all is resolved. so many of these cases can end badly. :smile2:

03-08-2007, 07:24 PM	#11 (permalink)
stopthemadness Respect, Accountability, Cooperation Join Date: Dec 2006 Co-Op: No Vendor: no Patient: YES Posts: 175 Rep Power: 15	Re: Lessons Learned fossil & SDGirl - Thank you for sharing your experiences. I hope I never have to deal with LEO.

03-12-2007, 01:23 PM	#12 (permalink)
*TrippleC* California Collective Center Join Date: May 2006 Co-Op: YES Vendor: NO Patient: YES Posts: 306 Rep Power: 17	Re: Lessons Learned :smile2: WE AT TRIPPLE C WOULD LIKE TO THANK YOU ALL FOR THE SHARING OF YOUR STORIES. WE HAVE HEARD MANY OF THE SAME POSTIVE STORIES FROM OUR PATIENTS. WHAT WE HAVE TO INDURE BEFORE WE ARE SET FREE REALLY!@##@! WE WOULD ALSO LIKE TO SAY THANKS TO THE MARGOLIN OFFICES, THEY WERE THERE FOR US WHEN NEEDED.

03-15-2007, 05:06 AM	#13 (permalink)
onetoke High, I'm New Join Date: Dec 2006 Co-Op: No Vendor: NO Patient: YES Posts: 2 Rep Power: 0	Re: Lessons Learned I called the Margolin hotline that's on the Marijuana laws book, and all they told me was that federal law upholds state law and theres nothing that I can do. I got annoyed and said "What's the point in your book, then?" and they just hung up on me. Big help they are.

04-14-2007, 05:49 PM	#14 (permalink)
Defy Your weed got more seeds than ODB Join Date: Mar 2007 Location: Oakland Co-Op: NO Vendor: NO Patient: YES Posts: 54 Rep Power: 0	Re: Lessons Learned I just had a run in with leo's where my meds were taken, they were buds not concentrates tho. this just happened, so I'm not sure what they're gonna do, I'll see what happens when I go into court. but its promising to hear that your charges were dropped. my question tho, is what happened after the charges were dropped? I mean, I'm sure they impounded your car, took your meds and you were out of work while you were incarcerated & in trial. I'm sure getting your meds back were the least of your worries, but what kind of things happened after? did they release your car or did you have to pay for it? how long did the trial process take?

04-20-2007, 08:15 AM	#15 (permalink)
PishiiMeow Hi, Im New! Join Date: Feb 2007 Location: 818 Co-Op: NO Vendor: NO Patient: YES Posts: 11 Rep Power: 0	Re: Lessons Learned My boyfriend and I got into an encounter with LEO and I will post my story when WeedTracker lets me for advice BUTTT in Ventura County ALL LEO HAVE PROTOCOL SO PATIENTS IN THAT AREA MAKE SURE YOU ASK THEM TO FOLLOW IT! In fact, the LEO showed my bf and I the list of steps he has to take when dealing with someone with cannabis vs the steps with dealing with a medical marijuana patient who is entitled to possesion use and cultivation. The LEO told us that every county should have this and its broken down step-by-step with exactly which words to say so GOODLUCK !

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