Legal Question in Criminal Law in California

possession over an ounce

I was with my buddies who were drinking in a park. An officer came up and performed a test on all of us. I told him I haven't been drinking and honestly I didn't have a sip. He said i failed the test and said I had something to drink. He then opened the door to my car without even asking and began to search my backpack in the backseat. He found over an ounce and a scale. He said he was charging me with just possession over an ounce and said he was going to forget about the scale. He didn't check to see if I had large amounts of cash on me or nothing like that. I simpley got booked and released. Can I fight it even though it was my word against his? And what would happen if I got convicted on possession over an ounce? He said it was a misdemeanor. Also if I got my cannabis card, would that just rule me out of getting in trouble since its medical?


Asked on 9/07/07, 1:34 am

3 Answers from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: possession over an ounce

You can probably fight the search. Whose car was it? If it really was just over an oz, then I'd figure that at worst, you should be able to get it reduced to the misdemeanor of under an oz. They actually have a slight leniency of over an oz, but I do not recall the exact amount right now.

I'm on the NORML committee, but I'm in So Cal. If you want, I can set you up with some excellent attys up there such as Bill McPike (Probably one of THE BEST). Getting a med card would have to be based on a medical reason that a licensed MD must decide. If appropriate for you, then depending on the doctor's opinion, it could be that there was a prior medical necessity for you to be in possession, but that is something that you would have to discuss with your MD.

If you want to discuss this more please contact me through 420Lawyer.com.

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Answered on 9/07/07, 8:18 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: possession over an ounce

Your medical cannabis card is not a substitute for common sense. "I haven't been drinking and honestly I didn't have a sip" was eleven words too many. DON'T SAY ANYTHING TO THE POLICE EXCEPT "I WANT TO SPEAK TO A LAWYER." Nevertheless, the officer probably needed a search warrant to go inside your car. If you are charged with a serious crime such as possession with intent to distribute, and you were to hire a lawyer, you could possibly fight the search. You (and your friends) need to go to YouTube and watch the video, Busted: A Citizen's Guide To Surviving A Police Encounter.

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Answered on 9/07/07, 7:47 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: possession over an ounce

The search of the car may have been illegal; I would need more facts to be sure. If your lawyer -- after learning these additional details -- agrees, she should move to exclude the evidence.

That the officer didn't find a lot of cash is irrelevant since you are being charged with simple possession and not with being a dealer. You're *very* lucky that the officer decided to ignore the scale, and you should be sure to tell your lawyer that happened since it is not too late for the prosecutor to increase the charges.

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Answered on 9/07/07, 1:30 pm


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