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Ticketed for the poss.of.marij if i get my medical card for a back injury i had prior to ticket,can i plead affirmitive defence

Oxford, MI |

had back problems prior from a football injury, they offered me Vicoden 500mg, but i wanted something less toxic for my body he gave me some weak, natural painkillers. those never helped but never thought of marijuana. then i tried it at work when my back was acting up bad, and realized it took away the throbbing in my back. i just started smoking like 2 weeks prior to ticket. Would pleading affirmative defense after i get my card drop my charges.

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Attorney answers 5


No. You can't use the card to retroactivity get ride of a use or possession charge. The card or doctors statement must be obtained prior to the charge. You should contact an attorney on this. If you are convicted you will unlikely be able to continue to use on probation. I specialize in medical marijuana defense, contact me if you have questions.

Josh Jones
Law Office of Josh Jones


Technically no but it could help with a plea


No, but a good criminal defense lawyer should be retained to see if this can get knocked out another way.

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I think you should consult with a criminal defense attorney before you continue posting on public networks.Your criminal defense attorney can best advice you.

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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.


In my opinion, you may have a possible defense under Section 8 of the MMMA, even if you didn't have your card or doctor statement at the time you were ticketed.

Please note that Attorney's Answer is only the Attorney's opinion and is not to be construed as creating an attorney client relationship.