Confronting The Police – Presenting Your Medical Marijuana Identification Card.
Know Your Legal Rights In A Medical Marijuana Protected State
If you are a qualified medical marijuana patient in a medical marijuana permissive state such as California and you are detained or stopped by a police officer for either possession or use of marijuana, you should know your legal rights as a qualified medical marijuana patient. As a general rule, always be respectful to the officer and have your original medical marijuana ID card and doctors written recommendation on your person and available to present to the officer.
While there is no guarantee that you will avoid arrest, you will have caused a written record to be made of your legal defense as a qualified medical marijuana patient along with your physician’s statement and recommendation of medical use. This will go a long way in support of your legal defense and will likely prevent formal charges from being filed against you so long as you are in a permissive state.
As a precautionary measure, make sure you doctor’s recommendation is current. Most recommendations are good for a period of six-months to a one-year. Calendar the date that your recommendation will expire and make sure you are always carrying a current and original recommendation and ID card with you. An expired recommendation will not be of help to you. Also, when possessing your medicine for personal medical use, make sure you never give the false impression that you are selling marijuana. In this regard, never carry a scale with you or in your car. Do not have your medicine in separate bags. It is recommended that you keep your marijuana in your trunk – not your glove compartment and in its original container. Limit the amount of money in your possession, since having a role of hundreds might suggest you were dealing the drug rather then using it for personal use. Finally, it is best to only carry the reasonable dosage necessary.
California – Medically Protected State:
In California, the medical marijuana defense consists of the following four elements:
First, the medical use of marijuana has been recommended or approved by a licensed physician.
Second the physician has determined that the person’s health would benefit from its use in the treatment of an illness for which marijuana provides relief.
Thirdly, the marijuana at issue was for the personal and medical use of a qualified patient – namely you. Finally, the quantity of marijuana and the form in which it was possessed is reasonably related to the patient’s current medical needs. Should all of these elements be proved, the court under California’s Compassionate Use Act (SB 420) will likely enter a dismissal of the case with prejudice in your favor.