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San Diego Medical Marijuana Defense
The use of medical marijuana in California can be confusing. Although federal and state law may conflict, law enforcement officers are bound by California’s Constitution to uphold state law. It is important to understand San Diego Medical Marijuana Defense. While dispensaries and physician recommendations exist, government officials may be able to press charges on you. However, with the right precautionary steps and tips when confronted by a police officer, you will be less likely to deal with ramifications of medical marijuana.
The right documentation can go along way. Make sure you apply for the voluntary ID card program and have your written recommendation from a physician with you at all times. This can largely protect you when confronted by officials. Although it is illegal for a physician to prescribe medical marijuana, physicians can recommend its use under the First Amendment. Being a good neighbor can drastically reduce chances of officer contact. By containing the marijuana and avoiding any annoyance to the neighbors, they will be less inclined to report it to the police. Reduce domestic disputes, loud music, illegal parking, barking dogs, parties, and other nuisances that could result in a phone call to the police. Cultivating indoors can reduce the nuisance to neighbors and prevent theft. Keep records of the plants grown, consumed, tossed, bought, etc. Only six mature plants or twelve immature plants are allowed at a time when cultivating. Call an attorney right away if you are under investigation.
Police encounters often involve the police trying to manipulate you. They use manipulative tactics and try to spark a “casual conversation”. Police may detain you at a scene, but not put you under arrest. Ask if you are being detained, and if the answer is no, you are free to leave. Taking notes of what is said and the badge number or having a camera recording the scene to document what the officer is doing can be a good idea. Always say “I am going to remain silent. I want to see a lawyer” if they begin to ask questions. Do not say you are a medical marijuana patient unless specifically asked for that information. Anything you say can and will be used against you, so it is best you let a trained attorney do the talking for you. Police threaten that you will go to jail if you do not answer questions. They are lying. Simply respond, “I am going to remain silent. I want to see a lawyer”.
Never consent to a search. It is best to say “I do not consent to this search”. They still might search you illegally, but cannot use that evidence in court. Saying “I’d rather you not search my car/house” can still legally give them the right to search. Just say “I do not consent to this search”. If you exit a car, make sure to leave the door closed. An open door can imply consent. If police come to your house with an arrest warrant, step outside and lock the door. Police are allowed to search any room you go into, so it is best to quickly agree to be taken. If they have a search warrant, ask to read it and make sure it has all the necessary information.
Not all marijuana convictions require jail time under federal sentencing guidelines, but all are eligible for imprisonment. A minimum 85% of a sentence must be served. Using medical marijuana in school zones (unless in a residence) or with a firearm can result in a much more likely chance of imprisonment. Possession of over 1 kilogram results in a minimum of six months, and as the weight and amount of prior convictions increase, so does the sentence. Child custody issues may arise. In order to increase the chances of custody, keep marijuana out of plane sight, clearly label the marijuana as medicinal, do not medicate when children are present, and never drive with children when medicated. You cannot not drive when medicated. It is still considered a DUI. Since the use of medicinal marijuana is under California law, you must stay within the state borders for it to apply. If imprisoned, called a lawyer as soon as you can. Remember, all calls from jail are monitored, so be careful with what you say.
If you have any questions about a medical marijuana California card, contact us today for answers at 619.405.0063 or visit San Diego Medical Marijuana Defense