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Stopped Due to a Drug Pipe, Police Found a Scale and Marijuana

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  • 09-11-2012, 10:37 AM
    snskiow
    Stopped Due to a Drug Pipe, Police Found a Scale and Marijuana
    My question involves criminal law for the state of: Washington state (Monroe WA)

    So I was walking with a friend with a brand new (not used at all) water pipe. It was in a case that looked somewhat similar to a gun case. We were walking into a park and a cop pulls up behind us asking whats in the case. Of course I was not going to lie. So I showed him what was in it. He then emptied my backpack which had my scale and my jar which had no more than 5 grams of marijuana in it. I told him the scale was for cooking which is 100% true. I was not high nor was my friend (he had nothing on him). He did not arrest me or search my car. He started talking about affirmative defense and saying I am getting off easy because i cooperated so well. He said I will just have to jump through a few hoops. So he wrote me a ticket for possession of marijuana and let me go.

    I am a medical marijuana card holder currently and it does not expire until 3 months into next year. I have many valid reasons for having medical marijuana after many injuries not only to my mouth and jaw but I just tore my ACL and am about to have surgery while I deal with this entire situation. My first court date is on the 24th of this month. This is my first offense, I have never had a problem or charge on my record before and I come from a good family. I am wondering what penalties I may be looking at? I am currently looking for an attorney to help me. I have my medical marijuana card and medical records on hand also. Could anyone give me some insight on what I could do to get it differed or reduced to just a fine and some drug classes/community service?

    Any feedback is welcome!
    Thanks
  • 09-11-2012, 11:17 AM
    jk
    Re: Stopped Due to a Drug Pipe, Police Found a Scale and Marijuana
    Quote:

    I told him the scale was for cooking which is 100% true.
    cooking what? Meth?

    It becomes obvious when you have MJ on your person and items that can be used in processing or using MJ that might be explained away as something else that the intent for the items involves MJ.


    of course if you can scrape some flour and sugar off the scale to show you were using it for cooking, have at it but since you weren't charged for that, it makes no difference.



    If you have a valid card, why the concern with the ticket? Isn't it just show it and the charge goes away or am I really missing something in your post? That is the affirmative defenses the cop was talking about.
  • 09-11-2012, 12:34 PM
    Disagreeable
    Re: Stopped Due to a Drug Pipe, Police Found a Scale and Marijuana
    It does not appear you have a legally qualifying condition. I suggest you document your attempts with other conventional methods for the judge if you want to get off.

    Quote:

    cachexia; cancer; HIV or AIDS; epilepsy; glaucoma; intractable pain (defined as pain unrelieved by standard treatment or medications); and multiple sclerosis.
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