Look, it is possible that an over-zealous clerk-magistrate would find probable cause and issue the complaint because, technically, your permit came after the cultivation charge. But, an attorney might be able to convince the magistrate that it would be a worthless endeavor to have you charged criminally. It might not be a good idea for you to make this case on your own because anything you say can, and will, be held against you and these hearings are recorded. Even if the complaint issues, I believe an attorney should be able to get a dismissal if the DA uses a little common sense.
Best of luck,
Ira J. Kaplan 413.528.1211
My response does not create an attorney-client relationship nor should it be relied on as advice in this particular case. My response is provided for discussion purposes only. 413-528-1211.
You should hire an attorney to go to the show cause hearing with you and perhaps it can be resolved then.. Doing this would be extremely beneficial to you in that it would then not appear on your record and there would be potentially, no further consequences. Talk to an attorney right away.
A show cause hearing is a great opportunity to avoid being charged criminally and having it appear on your record. I have provided a link to more information on these types of hearings.
This is not intended as legal advice and does not create an attorney-client relationship.
I'd love to say that everything will be okay, but the truth is the medical marijuana law is so new, nobody can really say how situations like this will be handled. Although you have a medical marijuana license now, the law only provides a defense if you have it at the time of encountering police. Having gotten it after the fact may help you gain sympathy with a clerk-magistrate, prosecutor, or judge, but doesn't provide an absolute defense.
As to whether they can take away your medical marijuana rights, the DPH regulations provide authority to revoke a medical marijuana card, or hardship cultivation license, if the person violates the medical marijuana law itself, or commits a felony drug offense. Again, because the law is so young it's hard to predict whether DPH would revoke in your situation. If DPH does initiate a revocation, you would have the right to contest it, and if you lose, to file an appeal in Superior Court.
Bottom line: it could be no big deal, or it could be a huge hassle, but you won't know until it's over.
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