Legal Question in Criminal Law in California

Marijuana & dishonest dealer

Suppose one attempts to purchase a small quantity (1/8th oz.) of marijuana. When one meets the dealer, further suppose that the dealer remains in his car, and that the purchaser is holding the payment in her hand. Finally, suppose that the dealer grabs the cash and speeds off without delivering the marijuana.

The purchaser calls the dealer's cell phone, and is directed to a nearby park; after waiting for roughly 30 minutes, the purchaser receives a message informing them that they have been ''jacked'' and a voicemail indicating that if the purchaser attempts to ''come after [the dealer]'' the dealer will ''come after [the purchaser's] family... I have guns, [expletive deleted]''.

Given this situation, what legal recourse, if any, does the purchaser have? Does a threat outweigh an attempt to purchase?


Asked on 5/10/09, 3:14 pm

5 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Marijuana & dishonest dealer

Get a physician's recommendation and start obtaining your marijuana from a well run and legitimate collective in your area. Contrary to some perceptions, you do not have to be seriously ill in order to get one.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

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Answered on 5/11/09, 12:17 am
Brian Dinday Law Offices of Brian R. Dinday

Re: Marijuana & dishonest dealer

You've gotten good advice from the other three attorneys. I just can't restrain myself from offering one other perspective. WHAT ARE YOU THINKING? He's threatened to come after your family and you with guns and you STILL WANT TO PURSUE HIM? Are you insane?

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Answered on 5/11/09, 10:01 am
Terry A. Nelson Nelson & Lawless

Re: Marijuana & dishonest dealer

You could report him to the police, as long as you don't mind being arrested for drug charges yourself.

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Answered on 5/11/09, 2:38 pm
Joe Dane Law Office of Joe Dane

Re: Marijuana & dishonest dealer

Yeah, you've been robbed by your dealer. What they did meets every element of Penal Code section 211, not to mention potential violations of Penal Code section 422 (criminal threats).

Having said that, good luck getting the police or the DA to do much follow-up. You would have to incriminate yourself and admit the attempted purchase of marijuana (a felony).

Glad nobody got hurt and it was only an eighth. Lesson learned.

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Answered on 5/10/09, 3:50 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Marijuana & dishonest dealer

Legal recourse? What, you are going to go to the cops and tell them you were attempting an illegal drug transaction and you got ripped off? Or maybe small claims court? Yeah, right.

If you have a qualifying medical condition, you could get a physician's recommendation, and you then could contact a medical marijuana collective or other lawful caretaker to obtain some marijuana.

And while I can't recommend that you break the law, if you were to find an honest marijuana dealer in your locality, someone who does not transact business in public places, this would involve far less risk of street confrontations and other possible consequences such as being killed, injured or arrested.

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Answered on 5/10/09, 5:00 pm


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