Marijuana Found in Vehicle

[JJ Bones]

Just got off the phone with a friend who is a fellow Prop 215 patient.

Long story short: He was coming from his caregivers home, and had a QP with him. He picked up a friend (obviously stupid mistake, should have gone straight home), and got pulled over a bit later for a cracked windshield. Turned out the guy he picked up was on probation, and the police said they may search the vehicle because of this. My friend did mention he does not consent to a search.

They found the bag, took a hand full of it and put it in a different bag. My friend provided his medical card for them, but they said the marijuana was clearly not medical marijuana because the bag wasn't marked. So they arrested him, took him to jail, and he had to pay around $1,000 bail.

What's can he expect on his court date? I know typically a ounce or less your basically okay. But I have no clue how it would work for a QP.

 

[JJ Bones]

I'm sure I haven't broken any forum rules, by posting this because I know that it would have been removed or a member would have said something by now.

Is there anyone who may be able to chime-in from experience or knowledge for this type of situation? I really would really appreciate any input.

 

[Bruce Wheelman]

I dont know about your locality, but the few run-ins I've had with LEO's have not required the MMJ to be in a container labeled as such. When I get my MMJ from a dispensary, it always has the 215/420 legal disclaimer, but not when from a grower directly. Also, I do not travel with my MMJ in containers with those labels.

While not an attorney, I'm not sure Prop 215, SB420, or the AG Guidelines require the labeling either. Someone please correct me if I'm wrong.

Sounds like a few bad decisions on the 215/420 patients part to begin with, and a bad call by the cops.

Good luck....

 

[JJ Bones]

Thanks for the response. I am sure that there is no regulation on the container. I mean some dispensaries staple the brown bag to protect themselves. Yet if you're carrying your own stash which you've grown legally.

I'm just curious what's to be expected in court. I believe he should request his medicine back.

 

[Wingman420]

he did not consent but i do not know CA Law. Things will work out in Court as long as he maintains his innocence and has a card. Good Luck.
I was Busted and know how he feels at least he got out. That would not be the case here in RI. He would initially be held without bail pending Bail review hearings within 10 days to determine eligibility and then again in 90 days you usually get bail set.
I am sending positive energy your way my friend and hope for your amigo's success in court. We here at 420Mag are trying to educate all Americans about the wonderful Cannabis plant and urge them to end this foolish and detrimental Prohibition. There are now close to 3 million people incarcerated in the USA many because of marijuana. At the current rate of incarceration ALL Americans will be behihd bars by 2056.