Legal Question in Criminal Law in California

I have a medical marijuna card and was arestted because i had .5grm of medical hash in my handbag that was given to me at the dispensory. the hash and other items were like a promotional gift(s) because i was a new customer at this store. later that evening we were pulled over by san dimas sheriff for no reson other than to search the car or a just because your lucky. the car is a 2007 with no mechanical faults, lights, mirrors ect... speed limit is 35 mph, but you can at best go 20-25 mph because its a narrow - whinding road. they let me out on a o.c. at first bail was 10,000. help


Asked on 11/30/09, 2:18 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

You need an attorney to represent you. If you can't afford to hire an attorney yourself, ask the judge to appoint the public defender when you go to court.

As you have found out, a doctor's recommendation to use medicinal marijuana is not a "get out of jail free" card; it is a defense you can raise at trial. The law concerning hashish is a little unclear; there are no published cases saying it is covered under medicinal marijuana laws, but the Attorney General has issued an opinion saying it is.

Your attorney can also raise the search issue. A cop cannot pull you over without specific reasons to believe you were breaking the law. If you were stopped illegally, the evidence against you can be suppressed.

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Answered on 12/05/09, 3:16 pm


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