Legal Question in Criminal Law in California

A licensed armed security officer who also has a medical marijuana license is involved in a justified shooting. although not under the Influence at the time of the incident, there is thc in his blood. Is this a problem????


Asked on 12/03/11, 1:27 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Problem? Yes.

Your opinion of 'under the influence' may be dramatically different than the opinion of the police, DA and jury. You may also get a surprise when and if the DEA and DOJ raise the issue of your status as a 'person prohibited' by federal law from possessing firearms or ammo because of your admission of illegal drug 'addiction'. You confessed that when you got that PC medical marijuana card that is issued to CA illegal drug users. Remember, the feds do not recognize that card as a defense to federal drug charges if you are found in possession.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 12/03/11, 4:16 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Let's hope the shooting is indeed found justified, and you won't be facing criminal charges for the shooting itself. Obviously there are possible consequences such as those described by Mr. Nelson. The most likely scenario is, you and your employer will get sued by the individual who was shot, or his family. You could possibly be defended by an insurance company and provided with a free lawyer. The plaintiffs will claim you were negligent, and at best your having THC in your system doesn't help your case. Your employer won't be impressed.

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Answered on 12/03/11, 5:12 pm


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