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Can i contest a marijuana infraction for 0.5 grams in California- with a medical marijuana letter?

Berkeley, CA |

I received an infraction- CA 11357 HS for less than 28.7 grams. I want to contest this so that it will not appear on my record. The officer said it didn't matter that i was a MMpatient because i was smoking outside- i was in a forest area on school campus. They did not say anything about private property and the ticket says nothing of public use. What defenses do i have?

The officer searched me after approaching about the marijuana. I put the joint in my backpack and the officer searched through my backpack- i declared that i did not consent to the search (just in case that's valuable).

Attorney Answers 4


  1. If the citation is for possession and nothing else, if you had a valid doctor's recommendation at the time of the incident, it is a defense to the charge. The court is likely to dismiss this upon showing proof of your medical recommendation. They may charge you a small court cost as a processing fee.

    The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.


  2. Having a medical marijuana recommendation is a complete defense to the charge despite what the officer suggested. You stand the best chance of winning if you are represented by an attorney. The government should return your medicine if you prevail in your matter. If you can't afford to hire an attorney, you should certainly bring the recommendation to court and present it to the judge. Beyond the medical marijuana defense, there maybe issues with the legality of the officer's search which would suppress from evidence the marijuana. Again hire an attorney, if you don't certainly obtain the police report and fight this. Good luck.

    For a Free Consultation Call: 408.516.4645


  3. As you've described this situation, you have a solid defense to the charges as long as your medical marijuana card was written before the date of the alleged offense and there are no other factors, such as possession for sales or anything of that nature.

    Keep in mind how much it is worth it for you to fight this. The maximum penalty for this is quite small.

    THE ABOVE ANSWERS ARE NOT LEGAL ADVICE. They are intended for general information only. You should not rely on answers given by me or anyone else in this forum. True legal advice requires a complete and thorough review of facts, circumstances, and documents and many other elements. An explicit written agreement to form an attorney-client relationship and establish confidentiality is essential. These things cannot occur in this forum. Mr. Harper is licensed to practice law in California and his answers may not apply in this or any other state. There is no implied or actual attorney-client relationship arising from participation in the Avvo forum. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Harper is under no obligation to answer any emails or phone calls related to this or any other matter.


  4. If you have a marihuana card this could potentially be a full defense to state charges....depending on the charges.

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