Multiple Traffic Violations

[pfenn]

My question involves a traffic ticket from the state of: California

Last year I was driving back from the cannabis club and got pulled over with a couple friends in the car. The reason was because my tail lights were out. He then asked for my ID and proof of insurance. I did not have proof of insurance at the time but I was insured. He then searched my car without my consent(Although I didn't say he couldn't he just did it) and found my medical marijuana and my pipe. I had my Medical card at the time and showed it to him but he still wrote me a ticket and confiscated my meds(Less than a oz). Since then I had my tail lights fixed. So I was wondering if I play it right will I be able to get the charges dropped? Also I was wondering if I could get my meds returned as I am a legal Medical Marijauna Patient?
I am 19 years old and never have been to court.(Clean record)

[cdwjava]

Dollars to donuts the car reeked of marijuana and that was what supported the search.

I will also venture a guess that the "medical card" you have is NOT the state-issued DHS card which would have made this go away, but a "recommendation" of some sort that was issued by your "caregiver" and cannot be independently verified, and could easily be produced by a 6th grader with MS Word.

You are free to go to court and present the proof of correction to the court. Even if the officer did not indicate on the citation that the tail light violation is correctable, the judge can allow it and assess a $25 fee. If you can convince the court that you possess a valid medicinal marijuana card and did so at the time of the contact, you might be able to get the possession charge dropped.

If you are fortunate enough to have the marijuana charge dropped and the tail light modified to a correctable violation, it is possible that you can get your marijuana back. But, the agency might have disposed of it by the time the matter is resolved so you might be out of luck. Also, even if the court allows you to get it back, many law enforcement agencies will not do this because it violates federal law.

The lesson here is not to have a pipe in the passenger area because it is unnecessary. You cannot generally smoke marijuana in the car, so why have the pipe there? And since marijuana reeks to high Heaven, why not put it in your trunk (along with the pipe) and take it out when you get home? There is no need to carry it inside your car and when you do, all you do is give any cop with clear sinuses a good reason to conduct a search and cite you.

[pfenn]

Well I own a truck so it wasn't possible to have it in the trunk. Also It was all bagged pretty well so I doubt he could smell it. Also I never took it out, the reason I did have it was because I was coming back form the cannabis dispensary which is legal if you have a recommendation. Also I never said the pipe was in the passenger area so please stop assuming stuff.

[cdwjava]

Well I own a truck so it wasn't possible to have it in the trunk. Also It was all bagged pretty well so I doubt he could smell it. Also I never took it out, the reason I did have it was because I was coming back form the cannabis dispensary which is legal if you have a recommendation. Also I never said the pipe was in the passenger area so please stop assuming stuff.

Since you are a user, you are somewhat desensitized to the aroma. Believe me, the rest of us can smell it rather easily. Plus, if you had a pipe in the car, chances are it had resin in the bowl. And if anyone in the car had been near anyone smoking in the past few days, or marijuana had been smoked IN the car any time in the previous week, chances are it smelled of marijuana. The stuff is quite pungent and pervasive.

You said the officer "searched my car ... and found my medical marijuana and my pipe." Since you had no trunk, and it was a pickup, it was (logically) in the cab (i.e. the passenger area). So, I am not assuming stuff, I am reaching a reasonable conclusion based upon the information presented. Now, if you wish to say you had it in a hermetically sealed and locked box stored in a cargo container in the bed of the truck, then so be it. But, I doubt that was the case.

Also, a recommendation is not a free pass to avoid arrest or even prosecution. It can be used as an affirmative defense, but those darn providers that tend to recommend marijuana as medicine rarely seem to confirm that they have seen their patients. My county has had a zero percent response when they ask doctors to simply affirm whether they have provided a medical recommendation to a particular individual - your county may have had better luck. Plus, each county has their own tolerance towards these offenses. You may get lucky and the matter may get dismissed when you show the recommendation to the judge, there is simply no way for me to know.

Is there a reason why you have not gotten the state-issued DHS card? That card would have almost certainly resulted in an admonition to secure your marijuana better in the future and then had you on your way. The recommendation? Well, you see how well that worked out.

Now, if you feel the search was unlawful, then if charges are filed you can look into how to file a motion to suppress. Since these are likely infractions (unless you were charged with transportation of marijuana or a more serious offense), then you will not be eligible for a public defender and you will be on your own when filing such a motion.

My suggestion (which I know you will ignore, but, as one who works within the recovery community, I offer it anyway) would be to find an alternative way to mask what ails you that is not so harmful and will not result in the potential for many more police contacts.

Good luck.