Submit ZIP Code

Got a Quick Question?

(120 characters remaining)
100% Anonymous. Free Answers.

Can I be charged with possession of marijuana if it is legal in my state and I had the proper paperwork?

I am a medical marijuana user, using marijuana to aid my fight against cancer. Marijuana was made legal in my state, and I have the proper paperwork, allowing my right to use marijuana. The other day however, I was on my front porch chair, using my medicine, when a passing police officer stopped his car outside my house. The officer had seen my smoking device and stopped. I showed him my medical card, yet he still ticketed me for possession of marijuana. I had roughly one ounce of marijuana as I had just picked up my medicine the day before.

Click here to get answers from a local criminal defense attorney
    David Harrison | Miller & Harrison, LLC
    2305 Broadway
    Boulder, CO 80304
    (303) 449-2830
    If you are over 21 and have under 1 ounce of marijuana and especially if you have a medical marijuana card you should not be charged with possessing marijuana in Colorado.
    Answer Applies to: Colorado - Replied: 4/9/2013
    Peter Goldscheider | Law Office of Peter F. Goldscheider
    438 Cambridge Ave. Suite 250
    Palo Alto, CA 94306
    (650) 323-8296
    You either need to contact an attorney who can contact the DA before your court appearance or you have to come to court and explain you have a medical mj card. If they do not dismiss at that time you will need an attorney.
    Answer Applies to: California - Replied: 4/6/2013
    Steven Alpers | Steven Alpers
    39300 Civic Center Drive #110
    Fremont, CA 94538
    (510) 792-5110
    I am not sure if you were in your home state when the officer stopped you. If not then it may be illegal. You need a lawyer.
    Answer Applies to: California - Replied: 4/4/2013
    Ernest Krause | Attorney at Law
    6805 Flamingo Way
    Sacramento, CA 95828
    (916) 422-6006
    That's a nuisance. Call the DA.
    Answer Applies to: California - Replied: 4/4/2013
    Terry Nelson | Nelson & Lawless
    2134 Main St., #130
    Huntington Beach, CA 92648
    (714) 960-7584
    Can I be charged? You already were, and are going to court on those charges. CA has an actual official medical marijuana card issued upon doctor?s certification of medical need. Local dispensaries will sell you a card, which is not CA official, but both are frequently [but not always] accepted by local police to avoid an arrest for small possession. Neither is honored by the feds. If you were only ticketed for an infraction, you can try in court to convince the DA and judge to honor the card and drop the charges, or reduce the fine. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California - Replied: 4/3/2013
Click to View More Answers:
1 2
Can't find the question you're looking for? Ask it?
Need personalized legal advice right now? Connect!

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. Total Criminal Defense does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

Disclaimer: The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.