Can I still be charged with possession if I have a California medical marijuana card? 10 Answers as of May 09, 2011

Can I still be charged with possession if I have a California medical marijuana card?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
You could be charged with possession but the card will provide a defense.
Answer Applies to: California
Replied: 5/9/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Yes you can be charged. Many Da's offices will dismiss if they are satisfied that the marijuana was lawfully possessed under state law but since there are so many wrinkle in the medical marijuana laws and of course it remains illegal under federal law that you can never be sure of how they will deal with it.
Answer Applies to: California
Replied: 4/29/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
If you have the amount allowed, and not more, you cannot be convicted. Your lawyer should be able to get the case thrown out.
Answer Applies to: California
Replied: 4/29/2011
California Criminal Defense Center
California Criminal Defense Center | Ardalon Fakhimi
You may get charged with the violation, but the more important question is whether you will be convicted. A lot will depend on the nature of the possession and the quantity you possess. If the quantity is high, for example, you can be charged with possession for sale.
Answer Applies to: California
Replied: 4/29/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Of course, depending upon the facts.

If you mean the free-bee card you can get with your first order from some discount marijuana dispensary advertising for new customers in the back of local periodicals, youll be shocked, just shocked, to learn that it generally does not comply with the official CA Medical Marijuana Program rules and requirements, and thus does not protect you from arrest and conviction. Those dispensaries generally claim it does. Many times police and DA will not bother with arrest and charging if you are in possession of a small amount, but that is not the same as legal immunity from arrest. Sometimes judges will take the same attitude and sentence you to a drug program instead of jail. You also risk federal prosecution for any amount in possession, as the feds do not honor that politically correct card. The real card, issued by the state of CA upon proper application and qualification of certified medical need, allows you freedom from arrest and prosecution for a small amount of marijuana in simple possession for your own personal medical use. If you have more than the allowed amount, you face charges.
Answer Applies to: California
Replied: 4/29/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If you are in compliance with the rules of the card you are OK with CA. However, even with the card you can be arrested by the feds.
    Answer Applies to: California
    Replied: 4/29/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Yes. Possession of MJ is still a federal crime. Also a MMJ card does not preclude state prosecution if you are selling it or possessing it for that purpose or transporting it for sales. Or even *giving* it to a friend - that is the same as sales.
    Answer Applies to: California
    Replied: 4/29/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    Absolutely. The fact that you have a valid medical marijuana card may be an avenue of defense to the charges but is in no way a bar to prosecution. Additionally, the circumstances and/or facts of your case will greatly determine whether or not you are charged, what charges are filed and what defenses you may have. If you have been arrested or are being investigated for possession of marijuana, you should immediately contact an experienced criminal defense attorney to thoroughly evaluate your case. I hope this answer was helpful. Good luck.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    You can still be charged, but having the card provides a defense. How much were you caught with?. I can be reached through duilawyer.com should you want to speak in more detail about your case.
    Answer Applies to: California
    Replied: 4/29/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Yes. A medical MJ card allows you to have a certain amount, but if you exceed this amount then you may of course be charged. If you have not exceeded the amount, then the card is valid defense. You should speak to an attorney if you are unsure.
    Answer Applies to: California
    Replied: 4/29/2011
Click to View More Answers: