[o0stonedagain0o]

Hello
I was contacted by Temecula PD last night while walking. I was cited for possession of marijuana < 1oz and it was confiscated.

I had my Rec on me but I do not have a County issued medical cannabis ID. Do I need to have one to be considered a valid MMJ patient?

I am willing to follow ASA FAQ guild lines.
Does anyone have template for a motion to dismiss?
How should I go about getting my meds back?
What should i do next?

thank you

[spanky]

Originally Posted by o0stonedagain0o

Hello
I was contacted by Temecula PD last night while walking. I was cited for possession of marijuana < 1oz and it was confiscated.

I had my Rec on me but I do not have a County issued medical cannabis ID. Do I need to have one to be considered a valid MMJ patient?

I am willing to follow ASA FAQ guild lines.
Does anyone have template for a motion to dismiss?
How should I go about getting my meds back?
What should i do next?

thank you

hey bud i'll let you know how it goes for me on Friday. i've got the same shit to deal with in court myself in west covina. i was also wondering if i can get my 1/2 back? it would be like a late christmas gift after them having my meds for three months.
but i'm not getting my hopes up for anything. i'll let you know how it goes so you can have some insight.

[eagleguy]

you should have been alright with just your rec, but cops are not as compassionate as they can be. The state MMIC card requires police officers to honer it. Its a nifty card, state seal, hologramy and your picture. There is no excuse for a policeman to not honer the ID card, they can verify its validity on the internet or on the phone.

Get one even now. Its great in court. There are sample motions on the internet. You want a mower motion, an evidentuary hearing to bring exhonerating evidence. You will als want a motion to return seised property

[spanky]

Originally Posted by eagleguy

you should have been alright with just your rec, but cops are not as compassionate as they can be. The state MMIC card requires police officers to honer it. Its a nifty card, state seal, hologramy and your picture. There is no excuse for a policeman to not honer the ID card, they can verify its validity on the internet or on the phone.

Get one even now. Its great in court. There are sample motions on the internet. You want a mower motion, an evidentuary hearing to bring exhonerating evidence. You will als want a motion to return seised property

i'm not trying to hijack your thread, stonedagain, but thank you to eagleguy

wow, great thanks for the tips. i'll look up the forms.

[CRISPYBUD]

I am surprised its just misde. Some more details would be nice . Is there a court date ? Or just a misde. citation aka ticket ? If you can afford it a lawer would be nice . Good luck

[o0stonedagain0o]

The officer also said he would return my meds if he could search my house for plants. I told him that was BS and I will go to court. Then he said he had no choice but to inform Narc unit of my unwillingness to consent to a search, and I should be expecting a 'visit'.

Originally Posted by CRISPYBUD

I am surprised its just misde. Some more details would be nice . Is there a court date ? Or just a misde. citation aka ticket ? If you can afford it a lawer would be nice . Good luck

Why do you need specifics CRISPYBUD? Are you going to defend me in court? Less than an ounce is usually a misdemeanor. Yes, I was given a citation, and yes I do have a court date.

I did NOT have the county issued card. Do I need one to have my rec 'hold water'??

Should I have a lawyer, or can I file the motions myself or through a Public Defender?

Thanx Eagleguy for the tips. What are the chances of my property being returned?? Does anyone ever get it back?

[Illspawn]

You will find attached Files to help you with your case.

Also look at post http://www.weedtracker.com/forums/sh...3&postcount=12for the File on How to defend your case.

[Illspawn]

Bullshit Scare Tactics.. If you are walking down the street, your House has nothing to do with their "Contact" with you. He just wanted a Freebie, and if you had allowed him Entry ANYTHING in sight from a Roach Clip to a The Pair of panties hanging from your light fixture becomes admissible as evidence in court. So Far all he has is a $200 possession citation, that he is hoping you will not have the "Stones" to fight in the court room.

A County Issued card is NOT required by SB420.. The State Issued ID card program is VOLUNTARY.
Because the program is voluntary, one need not obtain an identification card to be entitled to the protections it provides. (§ 11362.765, subd. (b); People v. Wright, 16 supra, 40 Cal.4th at pp. 93-94 [the MMP applies to both card holders and noncard holders alike].)

I would take my documentation (Dr's Rec, Medical Records, Physician's Contact information) to the city attorney BEFORE your Trial time and show them you were in Compliance with State Law.. Here is where you earn your wings.

He will tell you that the officer was up holding Federal Law. Now you hand them a Copy of "The Role of State Law Enforcement.
" where it is shown
"It is the duty of sheriffs, as well as the district attorney to enforce state laws. The county sheriff has a statutory duty to enforce the laws of the state and maintain public order and safety. Los Angeles Free Press, Inc. v. City of Los Angeles, 88 Cal.Rptr. 605, 611 (1970).

The Attorney General is mandated by the California constitution to “see that the laws of the State are uniformly and adequately enforced,” and to oversee the offices of the district attorneys and sheriffs towards this ends. Cal. Const., Article V, §13. That local law enforcement may enter into cooperative agreements with Federal enforcement agencies in no way abrogates their obligation to enforce state law."
After they toss your case, you have to file an ROP or Petition for Return Of Property.. The judge will sign it or not, and then you will take it to the PD and they will give you back your Meds or Not.
Now comes Garden Grove v.State of California. but that is another story.

Doesn't take an attorney, but it IS TIME CONSUMING do it pro per.

The Above is Not Legal Advice. It's Case Law.

[ASA Field]

If you need help filing a return of property motion, you may want to contact ASA's legal coordinator: noah@safeaccessnow.org

We also have fairly detailed info on our website: http://www.safeaccessnow.org/returnofproperty

[tloctwisted]

Hello there,

I went through the same thing in Temecula last year. I had 12 grms and it was a misdemeanor site and release ticket. I did not ask for my medication back.... When I went to court I respectfully requested that the judge dismiss my case in the interest of Justice. He asked me for my original rec and gave it to the DA. The DA called and verified my rec. After that I was recalled and the judge said that my case was dismissed in the interest of Justice becasue of a valid medical rec and I was done.
I hope that helps that was just my experience and I hope that yours goes as smoothly
take care
Trish

[CBDTHCCBN]

[QUOTE=Illspawn;463674][b]
A County Issued card is NOT required by SB420.. The State Issued ID card program is VOLUNTARY.
[QUOTE]

exactly! you are not required to have anythign other than your doctor's rec. that program is VOLUNTARY,not mandatory.

[DSW90049]

The recc is all you need under the CA MMJ law. Do not believe the police and never never consent to a search. Talk to ASA and ask for a referral to a lawyer in your area who handles these types of matters. Do NOT go it without a lawyer! You are in a MMJ unfriendly area there and they literally have no respect for the law that you apparently complied with. There are motions to get your MMJ back but let a real lawyer do it. You would not try to take out your own appendix; don't try to become a lawyer overnight to handle something like this. Get the professional help you need NOW. A good lawyer should be able to get this dismissed and get your MMJ back.

[CBDTHCCBN]

Originally Posted by DSW90049

The recc is all you need under the CA MMJ law. Do not believe the police and never never consent to a search. Talk to ASA and ask for a referral to a lawyer in your area who handles these types of matters. Do NOT go it without a lawyer! You are in a MMJ unfriendly area there and they literally have no respect for the law that you apparently complied with. There are motions to get your MMJ back but let a real lawyer do it. You would not try to take out your own appendix; don't try to become a lawyer overnight to handle something like this. Get the professional help you need NOW. A good lawyer should be able to get this dismissed and get your MMJ back.

i'd like to ad to Dl's words, he's right on target with what you need to do. the biggest concern is getting you off the supposed crime he cites you for. getting the meds back is secondary, and teh other matter to think about is by the time you get them back, they probabaly won't be worth much, nor would i risk the chance of them fuckign with it b4 u get it back, if ya know what i mean(i ain't suggesting anything, but anythign is possible, and you don't need to be more sicker). when things don't go the way po-po wants, and you the MMJ patient shame them, they get pissy and sometimes indirectly personal. so, i encourage you to beat the wrap, and then immediately go visit your nearest favorite place, and get fresh meds, if ya haven't done so already. be well, good luck!

[palmspringsbum]

I was cited for 11357(b), possession of less than an ounce.

I had my rec, but no card. I have no card because I have been homeless and I can not get one without an address. They won't take a P.O. Box. I tried.

I was on Pacfic Ave, the main street of Santa Cruz at about 9pm. I was accosted and robbed by three police officers. Aldridge did all the talking. (I've known them all by name for awhile...).

He stated I was inviolation of SB420 as I was medicating in public within a thousand feet of a whatever.

The thing is, I just became homed, and they know it. And while I was homeless I told them that I didn't have anywhere else to medicate and if they cited me I would claim the City and County of Santa Cruz conspired to violate prop 215 and criminally prosecute and sanction me as a medical marijuana patient.

They took my medicine and my pipe. It was the only pipe I had and all the head shops had just closed.

And my 3rd cousin (a few times removed) was President of the California Constitutional Convention, so please don't quote me the law. :)

[CBDTHCCBN]

i didn't see anyone address you specifically, quoting the law... why the pensive snub you have? many have heard the law, and many do not understand its base, and the varianted interpretations from the gov't to the patient makes with it. be it redundent or not, anyone having an encounter with LEO is completely different everytime, from anyone and the baring circumsatnce revolves a lot around the same end result. here, we come together and collaborate these encounters, and revive ourselves by sharing and enlightening just how loose the law is, and the best way to keep yourself affordablly protected for the zero harm 99% of MMJ patients cause. hearing thsi law over & over makes it second nature for all of us, and if you're a true MMJ patient, you will be versed with the law, because these laws are your side-arms. what better way to know how to manipulate our legality to stay protected when teh F-ing cops are torquing these laws on us all the time. if you had an experience with LEO, you would know their interpretation of the law is always impromptu of the immediate circumstances of you involved. so, what i woudl suggest, learn to love this law, and love to hear it everytime.
when you hear it, be ever reminded of the sacrafice it took for these laws to be in place for your sake, well-being, and affording you the right to smoke your herb, and feel good. these laws are almost a formidable constitution for us all, and as much as i will never let anyone defame the military, i wll never let anyone spit on prop 215 & SB 420. i'm giving you the chance to digest the value of what it really gives you, and when you see it said or hear it said to be greatful, and ever loveful. you're one of us, and that means being one of us! if you're fellow MMJ brother or sister needs to say i tto hear it, whatever
it's your duty as much as ours is to yours to suffuice it and build upon it, something solid, so everyone will stand something to gain.

[o0stonedagain0o]

Originally Posted by DSW90049

There are motions to get your MMJ back but let a real lawyer do it. You would not try to take out your own appendix; don't try to become a lawyer overnight to handle something like this. Get the professional help you need NOW. A good lawyer should be able to get this dismissed and get your MMJ back.

Originally Posted by CBDTHCCBN

getting the meds back is secondary, and teh other matter to think about is by the time you get them back, they probabaly won't be worth much... when things don't go the way po-po wants, and you the MMJ patient shame them, they get pissy and sometimes indirectly personal.

This is not a capital case. Its misdemeanor possession. Why do I need a lawyer to assert my rights? If I had an appendicitis I would seek professional treatment but I have more like a 'sprained ankle', I just need a little advice. As for the seizure, its the principle of it... my property was taken from me unlawfully and I would like it returned in whatever condition it may be. Its not that I necessarily need it, I want because its MINE!

[CBDTHCCBN]

Originally Posted by o0stonedagain0o

This is not a capital case. Its misdemeanor possession. Why do I need a lawyer to assert my rights? If I had an appendicitis I would seek professional treatment but I have more like a 'sprained ankle', I just need a little advice. As for the seizure, its the principle of it... my property was taken from me unlawfully and I would like it returned in whatever condition it may be. Its not that I necessarily need it, I want because its MINE!

it's very simple why you want representation. 1) you're a MMJ patient 2) this movement is becoming revolutionary 3) because you are a MMj patient, you're the example of why they exert their power, and fraudulently make themselvers right doing it, especially in an area where they frown upon it 4) unless you get an atorney to verify in accordance with court etiquette that your doctor and visitis and care are legit, than you don't have a prayer unless you've been to law school.
i'm not saying it can't be done, but you make the odds of the battle way out of your favor. thsi is coming staright from experience and not hypothetical theory i'm pulling out of my sleeve. you think you should be able to attain you medicine back, even just to make a point- doesn't always work that easy friend. if yo udo anything, at least consult one and really see what you're gettign in to. claim all the rights you want, this i sreal life, and there is good and bad on both sides of this fence with fierce differing agendas. good luck with whatever you do, we're here for ya if something comes up...

Read the rest of this article on Americans for Safe Access Website by clicking here:

http://safeaccessnow.org/blog/?p=74

hope that links works for ya man. i just sw it, trackerbot posted it. looks good to your favor.

[flylightly]

best of luck

[Doh-Doh420]

me too took my shit over a o and told me its a fed offense i said bull your a state officer so now i gtg to court ive been waiting since july 07 and the da keeps sending my case back to pd

[spanky]

Originally Posted by Doh-Doh420

me too took my shit over a o and told me its a fed offense i said bull your a state officer so now i gtg to court ive been waiting since july 07 and the da keeps sending my case back to pd

what gives with this shit? why don't they just send the paper work to the da and let's get it done? i have the same problem, i have a ticket that i've tried to appear on two times and they keep telling me that i had to wait for the orginal court date because the paperwork won't be in the da's office until the day of? what kind of system is that? but you have gotten put off too much. if you had done anything like that to them your butt would be in jail. Justice system my ass@!

keep your chin up brother and stand tall!

[palmspringsbum]

i wll never let anyone spit on prop 215 & SB 420. i'm giving you the chance to digest the value of what it really gives you, and when you see it said or hear it said to be greatful, and ever loveful.

What on earth, or any other planet, are you talking about?

I definitely do not want any of what you're on.

The best I can figure, you took your sweet time and several paragraphs to diss me. And I don't see that anything you said has anything to do with anything I posted.

But your 'support' is duly noted.



(I'm the one facing sideways, in the green jacket, front and center)

[CBDTHCCBN]

Originally Posted by palmspringsbum

What on earth, or any other planet, are you talking about?

I definitely do not want any of what you're on.

The best I can figure, you took your sweet time and several paragraphs to diss me. And I don't see that anything you said has anything to do with anything I posted.

But your 'support' is duly noted.



(I'm the one facing sideways, in the green jacket, front and center)

no diss brother, and it was hardly a moment of my time saying what i did to ya. if that's truely you, amen! then you, of anybody should be able to appreciate what i said. good day.

[palmspringsbum]

if that's truely you

If it isn't, someone's spent a lot of time on a website with my name all over it. Maybe you should take a look before you go mouthing off about sacrifice and so forth. Makes you look silly, spiteful and rather mean-spirited behind all that flowery nonsense you spew.

[o0stonedagain0o]

You killing a good thread

[CBDTHCCBN]

Originally Posted by o0stonedagain0o

You killing a good thread

i agree. i apologize to your thread and the good people of this community for such a deviation of the purpose of this thread, on my part.