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Old 08-11-2008, 03:42 AM   #1 (permalink)
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Post Urgent: La patient has run-in with police

Hello,

I'm a 19-year old patient living in LA and just tonight I had my first ever run in with the police. Since I've gotten my card I've begun to realize just how much weed can do. I've had severe anxiety all my life and the only thing that's really helped me combat that has been weed.

So tonight I around 9, me and 3 friends (only one of them smokes, the other two don't at all) were driving around and my friend and I decide to smoke a quick joint, so we pull into this very cutty looking spot somewhere around UCLA so smoke quickly. We park the car, get out and go into this wilderness area (which kept us pretty much out of sight) to smoke. We smoke and after we're done we see a car enter this parking lot and kind of circles around the lot as we walk out (my friend and I had cigarettes) and then he leaves. Later on we're driving to meet a friend for coffee and I had what little I had left of my 1/8 of Green Crack (about a j's worth) in my car. Suddenly sirens go off and we're pulled over. We get out and they immediately see that my friend is high but I showed them my physician's statement but they still ticketed me for

"23227 (b) CVC Poss. of Marijuana While Driving w/p 22350 CVC UNSAFE SPEED"

I was going 45 in a 30 zone, but that's easily explained b/c my speedometer is broken, but they didn't even ticket me for that, they let me off the hook. However, my friend (the fellow smoker) has a prior from about 2-3 years ago for smoking in some parking lot in the area where they let him off but took his name down. The cop in charge kept asking me if I had any meth or coke in the car (i drive a fucking Prius) and then said the only reason he's ticketing me is because my friend is with me. These cops were UCLA LAPD and kept ranting on about the cop-killing weed growers and all sorts of just ridiculous nonsense. We told them we had stopped there and had a cigarette and that the weed in the car was my own.

I'm not sure what to do now. I'd like to avoid telling my parents if necessary since I am 19 and this really just concerns me. I really would just need to talk to my parents so they could get me a lawyer but that's all. I have to appear in court apparently but this whole thing seems so ridiculous that I'm sure I can get out of this. My doctor had told me before that if I have under an oz in my car that I'm always fine, and yet I still get a possession ticket... I don't care about having a possession charge for weed on my record whatsoever, I really just want to make this as little a pain in the ass as possible for everyone involved. So I would greatly appreciate some legal advice from all.

thanks,

Michael

Last edited by 99Foster88; 08-11-2008 at 11:34 AM..
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Old 08-11-2008, 06:07 PM   #2 (permalink)
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Re: Urgent: La patient has run-in with police

Hey Michael,

I'm very sorry to hear about your cop encounter. It must be causing you enormous anxiety, especially if you don't have the cash to get yourself a lawyer.

My main reason for writing is just to tell you that I don't think anyone really pays much attention to this "New User Intros Only" area. You will probably find the best advice in the "Court Support" section (listed under the "Activism, Protest & Court Support" section of this site's "Patient Information" forums). You need to have been registered for 7 days and have posted 10 things before you can start a new thread. I just dealt with this problem by responding to a few random posts in sections like "Music," and you may want to do the same so you can start a topic in Court Support. Since it says you registered in July, I'm guessing you've already got the 7-day thing taken care of.

I'll give you some thoughts, but these are just "thoughts" since I'm no expert and have (knock on wood) never had any law enforcement encounters.

First off, I never drive while medicated, and I always store my medication in the trunk. I've heard cops are much friendlier if they see your medication is in the trunk, out of reach. This doesn't help you with your current problem; it's just something to think about for the future. I know it sucks, but medicating at home (or in your friends' homes) is really the only way to be safe from the law.

Second, call a few lawyers before you do anything else. My hip-shoot guess is that you'll probably be able to get out of this by going to court since you have a valid MMJ card. Still, I would never want to walk into a courtroom without a lawyer. This site has a "Legal Directory" that only lists one lawyer (Sean Tabibian), but NORML's website has a slew of them. Look here:

http://www.norml.org/index.cfm?Group_ID=3445

Call up a few and see if anyone will give you a free initial consultation... or at least give you an estimate of what it will cost to retain them. Do a little comparison shopping. At least you'll have a dollar amount in your head then, and you can make an informed decision as to whether or not you'll need to ask your parents' help. It may be well worth your time to raise that money elsewhere and avoid the parental ugliness--but only you know how your relationship with the folks is.

In closing: I'm no expert, so go ask your question in the more specific forum. You'll probably find someone over there who can give you more specific advice.

Best of luck,

--Dave
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Old 08-11-2008, 10:58 PM   #3 (permalink)
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Re: Urgent: La patient has run-in with police

Welcome 99Foster, as a new member you can't start threads. I moved this from new intro to Court Support for you....

Lot's of luck to you....

I am also posting the new user links for you...



By using the Grey tool bar above and clicking Co-op Resources you will find... all the co-ops, dispensaries, delivery services, reviews, pics, locations, and phone numbers.

To keep our forums and community running smoothly we have a few rules to live by.


Being one of our newest members a lot of your questions can be answered by reading this

Again, best of luck. Let me know if I can help you with anything on this site!
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Old 08-11-2008, 11:25 PM   #4 (permalink)
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Re: Urgent: La patient has run-in with police

Quote:
Originally Posted by 99Foster88 View Post
Hello,

I'm a 19-year old patient living in LA and just tonight I had my first ever run in with the police. Since I've gotten my card I've begun to realize just how much weed can do. I've had severe anxiety all my life and the only thing that's really helped me combat that has been weed.

So tonight I around 9, me and 3 friends (only one of them smokes, the other two don't at all) were driving around and my friend and I decide to smoke a quick joint, so we pull into this very cutty looking spot somewhere around UCLA so smoke quickly. We park the car, get out and go into this wilderness area (which kept us pretty much out of sight) to smoke. We smoke and after we're done we see a car enter this parking lot and kind of circles around the lot as we walk out (my friend and I had cigarettes) and then he leaves. Later on we're driving to meet a friend for coffee and I had what little I had left of my 1/8 of Green Crack (about a j's worth) in my car. Suddenly sirens go off and we're pulled over. We get out and they immediately see that my friend is high but I showed them my physician's statement but they still ticketed me for

"23227 (b) CVC Poss. of Marijuana While Driving w/p 22350 CVC UNSAFE SPEED"

I was going 45 in a 30 zone, but that's easily explained b/c my speedometer is broken, but they didn't even ticket me for that, they let me off the hook. However, my friend (the fellow smoker) has a prior from about 2-3 years ago for smoking in some parking lot in the area where they let him off but took his name down. The cop in charge kept asking me if I had any meth or coke in the car (i drive a fucking Prius) and then said the only reason he's ticketing me is because my friend is with me. These cops were UCLA LAPD and kept ranting on about the cop-killing weed growers and all sorts of just ridiculous nonsense. We told them we had stopped there and had a cigarette and that the weed in the car was my own.

I'm not sure what to do now. I'd like to avoid telling my parents if necessary since I am 19 and this really just concerns me. I really would just need to talk to my parents so they could get me a lawyer but that's all. I have to appear in court apparently but this whole thing seems so ridiculous that I'm sure I can get out of this. My doctor had told me before that if I have under an oz in my car that I'm always fine, and yet I still get a possession ticket... I don't care about having a possession charge for weed on my record whatsoever, I really just want to make this as little a pain in the ass as possible for everyone involved. So I would greatly appreciate some legal advice from all.

thanks,

Michael
Dude..you are SO busted! Just kidding...maybe. A few years ago - about 10 or so, I was up on Mulholland Dr and Laurel Canyonish by myself checking out the view and smoking a joint. Now, this is way before MMJ was "legal" in California. A park Ranger pulled up behind me and said he smelled "marijuana"...I was caught red-handed with a newly purchased 1/2 oz. He simply handed me a citation, just like a traffic ticket. A few weeks later I get a "bail letter" in the mail directing me to pay a $250 fine. I sent the check in and never had to go to court. It has never been a problem whatsoever. Now UCLA police are NOT LAPD. They are State Police just like a Highway Patrol officer. They actually have greater jurisdiction (the state) than does an LAPD officer. You are lucky he only cited you for possession and not DUI, which sounds like he could have by your own admission. Because he only cited you for the possession charge, you will probably be ok because of your Dr's recommendation . I wouldn't really sweat it though...the worst that will happen to you is that you will be picking up litter on the side of a freeway.
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Old 08-11-2008, 11:40 PM   #5 (permalink)
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Re: Urgent: La patient has run-in with police

Welcome to WT!

Please read SB420 on where you can and can't use your medication. It would have prevented this if you had been observing the law.

By your own admission, you are guilty of both charges. Your rec. doesn't make it legal to operate a vehicle while smoking. And your speedo was broken?

What you need to do is pay the fine. And get smarter.


11362.79. Nothing in this article shall authorize a qualified patient or person with an identification card to engage in the smoking of medical marijuana under any of the following circumstances:
(a) In any place where smoking is prohibited by law.
(b) In or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence.
(c) On a schoolbus.
(d) While in a motor vehicle that is being operated.
(e) While operating a boat.


Quote:

"23227 (b) CVC Poss. of Marijuana While Driving w/p 22350 CVC UNSAFE SPEED"

I was going 45 in a 30 zone, but that's easily explained b/c my speedometer is broken,
WTF??

Yes, guilty on both. Why do you think having a rec. makes you exempt from being a responsible adult?

A $100 fine for CVC 23222 and likely drivers ed for the unsafe speed.

Are you going to take responsibility? and pay the fine like an adult?

Quote:
but this whole thing seems so ridiculous that I'm sure I can get out of this.
But the damage is done to all of us! WE PAY FOR YOUR recklessness everytime we get pulled over.

Cops think we all are fakes, giving them fuel to continue that thinking isn't fair to the rest of us.

With that Rec. comes a responsibilty. Sorry to be so harsh. Sometimes the truth is.

Last edited by Platypus; 08-12-2008 at 02:09 AM.. Reason: trying to be helpful...not harsh
 
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Old 08-12-2008, 02:00 AM   #6 (permalink)
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Re: Urgent: La patient has run-in with police

Quote:
Originally Posted by Platypus View Post
Welcome to WT!

Please read SB420 on where you can and can't use your medication. It would have prevented this if you had been observing the law.

By your own admission, you are guilty of both charges. Your rec. doesn't make it legal to operate a vehicle while smoking. And your speedo was broken?

What you need to do is pay the fine. And get smarter.


11362.79. Nothing in this article shall authorize a qualified patient or person with an identification card to engage in the smoking of medical marijuana under any of the following circumstances:
(a) In any place where smoking is prohibited by law.
(b) In or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence.
(c) On a schoolbus.
(d) While in a motor vehicle that is being operated.
(e) While operating a boat.




WTF??

Yes, guilty on both. Why do you think having a rec. makes you exempt from being a responsible adult?

A $100 fine for CVC 23222 and likely drivers ed for the unsafe speed.

Now how are you going to make it up the community you just gave a black eye to?

Are you going to take responsibility? and pay the fine like an adult?

Or make mommy bail you out of your childhood mistake?

Sorry if I sound severe but your parents should ground you. Act like a kid, get treated like a kid.
ONCE AGAIN WELL SAID YOU TOOK THE WORDS RIGHT OUT OF MY MOUTH
AND IF YOUR 19 AND YOU HAVE YOUR CARD PLEASE BECARFUL

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Old 08-12-2008, 02:06 AM   #7 (permalink)
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Re: Urgent: La patient has run-in with police

Quote:
Originally Posted by Platypus View Post
Welcome to WT!

Please read SB420 on where you can and can't use your medication. It would have prevented this if you had been observing the law.

By your own admission, you are guilty of both charges. Your rec. doesn't make it legal to operate a vehicle while smoking. And your speedo was broken?

What you need to do is pay the fine. And get smarter.


11362.79. Nothing in this article shall authorize a qualified patient or person with an identification card to engage in the smoking of medical marijuana under any of the following circumstances:
(a) In any place where smoking is prohibited by law.
(b) In or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence.
(c) On a schoolbus.
(d) While in a motor vehicle that is being operated.
(e) While operating a boat.




WTF??

Yes, guilty on both. Why do you think having a rec. makes you exempt from being a responsible adult?

A $100 fine for CVC 23222 and likely drivers ed for the unsafe speed.

Now how are you going to make it up the community you just gave a black eye to?

Are you going to take responsibility? and pay the fine like an adult?

Or make mommy bail you out of your childhood mistake?

Sorry if I sound severe but your parents should ground you. Act like a kid, get treated like a kid.

Damn Plat, you shoulda been on like some sort of game show tonight..!


gettin em all right, NAIL'N Em'
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Old 08-12-2008, 03:49 AM   #8 (permalink)
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Re: Urgent: La patient has run-in with police

Im sorry to say but i agree that your busted on the charges. I got my rec when i was 19 too but im going to be 21 in less then a month and all i have to say your lucky you got busted by la county of w/e cause if you where in ventura youd be in jail for sure.

No judge will take you seriously if you say you have a broken speedometer. Thats like yelling wolf. If you know your speedo is broken see how much its off and compensate. I have had enough cars with messed up or close to not even working speedos yet i have never once gotten a speeding ticket.

Heres the upside considering you are a medical patient and nothing about a dui was written down you may only have to pay a ticket. It sucks but its the cost of not being careful. You could have had much worse problems considering its illegal to smoke on or within 1000ft of a school and you were atleast that close if you went behind some trees. You could've been facing felony charges so you really lucked out.

I agree the law is screwed up but if you dont want to follow it your gonna get caught sooner or later.

Keep your meds in the trunk never ever put them inside the car. Dont drive medicated. Its not safe for other drivers or yourself. if asked for permission to search a vehicle say no thats about all that needs to be said. Be straight forward and honest with cops it makes their job easier and they appreciate that. I H8 cops to no end they are basically a waste of taxpayer dollars. They have the power to put you in jail and you never want to be there believe me its horrible.

I would also suggest that you thoroughly read both prop 215 and sb420 to not do so is like pissing into the wind. Thats the first thing any new medical patient should know by heart. Cops lie and have no honestly or loyalty except to other cops. They will tell you that what you say if false even though they know its true. The smartest thing to do is keep a copy of prop 215 and sb420 any time cannabis is going to be in your car hell keep it with your rec but make sure to have it on you. Cops have a very hard time charging you with a crime when they have official documentation of the laws. Remember these are state laws and for any city officer to arrest you is a crime in itself.

If you are ever jailed for possesion sue and do it bigtime so they get the point. They are guilty of false inprisonment and other crimes which means they disregarded their duty to fill a quota. I dont care what anyone says they work for a quota and because many medical patient are 19-25 those in the lower age group are the ones that are made to look like criminals.

Thats my .02

L8R (Schmetty)

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Old 08-12-2008, 06:40 AM   #9 (permalink)
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Re: Urgent: La patient has run-in with police

Looks like you all set this poor boy right. Just hope all the young card holders can read the rules!! Like the old saying Just takes one bad apple to ruin the bunch!!
 
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Old 08-12-2008, 06:51 AM   #10 (permalink)
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Re: Urgent: La patient has run-in with police

Quote:
Originally Posted by Schmetty View Post
If you know your speedo is broken see how much its off and compensate. I have had enough cars with messed up or close to not even working speedos yet i have never once gotten a speeding ticket.
LOL! Schmetty, I understand how this one works. I used to have a car that would "actively" fluctuate between 5 and 8 miles over the actual speed. It's not fun, and it can be challenging, but you can get used to it.

Really, to the young man above, my thoughts are with you. Don't get to upset about things, it only makes them worse. Pay your fine, do whatever you have to do, but stay positive. It's really easy to feel like a victim in these situations (i.e. they did this to me, those bastards). It's better just to stay cool, accept the reality of the situation, and move on. Oh yeah, and medicate at home, if at all possible.

Peace!

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Old 08-12-2008, 06:57 AM   #11 (permalink)
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Re: Urgent: La patient has run-in with police

I have a hard time supporting people who do incredibly stupid things when there are people out there trying to fight for our rights as MMJ users. Getting caught with drugs in your car while smoking with non-MMJ users is a good way to have our privilege taken away.

The mere fact that you use the phrase "I'm afraid to tell my parents" probably means that you are too young to be using MMJ in the first place.
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Old 08-12-2008, 07:08 AM   #12 (permalink)
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Re: Urgent: La patient has run-in with police

The consensus here seems to be "Just pay the fine."

Am I the only one who thinks he should at least talk to a lawyer?

Sure he made bad decisions that got him into this. Still, if it were me, I'd do anything to maintain a clean record. If that meant paying for a lawyer, I'd find the money to pay for a lawyer. They could at least try to get it reduced so it's just the UNSAFE SPEED part without the POSSESSION part, right?

(Disclaimer: I'm really just asking. I have no experience in this subject at all.)
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Old 08-12-2008, 07:28 AM   #13 (permalink)
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Re: Urgent: La patient has run-in with police

Quote:
Originally Posted by darkrail View Post
The consensus here seems to be "Just pay the fine."

Am I the only one who thinks he should at least talk to a lawyer?

Sure he made bad decisions that got him into this. Still, if it were me, I'd do anything to maintain a clean record. If that meant paying for a lawyer, I'd find the money to pay for a lawyer. They could at least try to get it reduced so it's just the UNSAFE SPEED part without the POSSESSION part, right?

(Disclaimer: I'm really just asking. I have no experience in this subject at all.)
well the possession charge will be dropped in court when proof of recommendation is presented. As to the other charge well just pay the fine is all he can do. A lawyer in this situation is not going to do anything for the kid besides tell him the same things that everyone else on here has.

This is a lesson learned.

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Old 08-12-2008, 09:04 AM   #14 (permalink)
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Re: Urgent: La patient has run-in with police

And Quite leaving your empty containers All over the Place!
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Old 08-12-2008, 12:24 PM   #15 (permalink)
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Re: Urgent: La patient has run-in with police

There's a video on Youtube called Busted, The Citizens Guide To Surviving Police Encounters. You REALLY need to watch this video.

If you're still living at home, yeah you have to tell your parents, both about being a patient AND the bust. Trust me, they will find out and it's better if you level with them in advance.

In a worse case scenario where the cops were in your parent's house for some reason, not knowing you were a patient and that there was marijuana in the house somewhere may not go too well for them.

If you're out of the house, self supporting, and plan to suck it up and resolve this by paying the fines and doing whatever else you have to do, it's your business and you don't have to tell them.

The reason people are being so unsympathetic here, is that many, many, patients on this site are so ungodly sick, so dependent on cannabis to have any quality of life at all, that the rest of us don't want to do ANYTHING to give medical marijuana a bad name or endanger safe access.
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Old 08-12-2008, 01:38 PM   #16 (permalink)
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Re: Urgent: La patient has run-in with police

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Originally Posted by Medpatient View Post
well the possession charge will be dropped in court when proof of recommendation is presented. As to the other charge well just pay the fine is all he can do.
Fair enough. That's sound advice.
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Old 08-12-2008, 02:10 PM   #17 (permalink)
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Re: Urgent: La patient has run-in with police

Sorry to hear about what happened. If you need help navigating the legal system, feel free to call ASA's free legal hotline Tuesdays or Thursdays from 11am-7pm: 510-251-1856.

ASA Field says..Support ASA's work to promote safe and legal access to cannabis for therapeutic use and research. Become a member today!
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Old 08-12-2008, 03:59 PM   #18 (permalink)
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Re: Urgent: La patient has run-in with police

Interesting responses here. I'm kinda split myself, because like one of the recent posters stated, there are plenty of other patients who have more of a pressing "need" than I for the medication (ie - I'm not battling cancer etc), and yet there are clearly 18 or 19 year old "kids" who try to pass themselves off as needing MMJ (as opposed to wanting). Comparatively, there are very few 18/19 year olds who likely have the clinical need for ANY recommendation...not to bash the 19 yo who currently faces this problem, as I do not know him or his clinical situation personally.

However, shame on him for treating the MMJ Law/Prop so recklessly (being with other non-prescripted teens in a moving vehicle etc etc).

Too add to our overall experience, I will state that altho it seems obvious that using MMJ in your own home is the "only" safe way to go, it is absolutely possible for you to get cited IN YOUR OWN HOME. A friend of mine had the police pay him a visit due to a noise/music complaint called in by a neighbor. Being a nice guy, he said the police could enter his dwelling when asked. Altho the music was turned off, my friend was then cited for Possession, as he had a tiny stash in his bedroom, with a fresh smell from having just smoked; his stash was also confiscated. This was AFTER he was nice to the police as well as him having shown them his original Doctor's Recommendation. He ended up wasting his time going to court just to have, as people here may know, the judge dismiss the case with verification of prescription. But YES, you CAN get busted in your own home! If there was a clear violation involved here, lemme know what was violated and I will gladly pass along any info.

Also, to the original poster: if you claim to have had SERIOUS anxiety issues ever since you were a child, your parents SURELY would understand you having a doc's recommendation for MMJ. Don't be afraid to tell them honestly...unless your "reason" for holding a recommendation is completely "fraudulent" (yet passable). Good Luck to ya!
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