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Can you get a ticket/fine for possession of marijuana if you have a doctor note but it is expired?

Los Angeles, CA |
Attorney answers 4

Posted

In short, without knowing anything further about your case, it would be safe to say if a person does not have a valid reason to possess marijuana, i.e. prescription or MJ card, a person can be ticketed/fined, etc.

Posted

If you had hash rather than MJ it makes a difference. It will assist you to get a current MJ card.
Robert Driessen
www.driessen-litigation.com

Posted

I agree - the short answer is "yes" - if you do not even have a valid "doctor note," (even if a valid doctor note would be normally sufficient), you can get a ticket/fine for possession of marijuana.

Posted

There is another answer that indicates that "If you had hash rather than MJ it makes a difference." Maybe, but not necessarily correct for medical marijuana.

The Attorney General's opinion on the hash question is that hash (concentrated cannabis) IS covered by the medical marijuana laws.

Possession of concentrated cannabis outside of a doctor's recommendation is treated a little differently. Possession of hash is under 11357(a) of the Health and Safety code. Possession of any concentrated cannabis can be a felony or a misdemeanor. You really need a lawyer.

Your issue is that your doctor's recommendation had lapsed. For you, it will depend on how long it had lapsed, whether or not you have it reinstated, how much hash you had and any prior record.