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California Marijuana Paraphernalia

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  • 05-17-2008, 01:32 PM
    fpdlt11
    California Marijuana Paraphernalia
    My question involves criminal law for the state of: California

    Hi, i was recently pulled over for no front license plate and the officer ended up searching my car because he had smelled weed. in the end i was charged with a count of 9.20.010 EMC marijuana paraphernalia. i didnt get a notice from the court but then i got a notice saying my violation had been changed to 9.20.030 EMC. I had recently been in trouble and got probation for a non drug related case. the only reason i smoked was because of the stress i had gotten from the other case.

    i was wondering if anybody knew the penalties for this and had any advice. My court date is may 17th. oh and i still havent gotten a notice from the court. Thank you
  • 05-17-2008, 03:05 PM
    cdwjava
    Re: California Marijuana Paraphernalia
    Quote:

    Quoting fpdlt11
    View Post
    Hi, i was recently pulled over for no front license plate and the officer ended up searching my car because he had smelled weed. in the end i was charged with a count of 9.20.010 EMC marijuana paraphernalia. i didnt get a notice from the court but then i got a notice saying my violation had been changed to 9.20.030 EMC. I had recently been in trouble and got probation for a non drug related case. the only reason i smoked was because of the stress i had gotten from the other case.

    i was wondering if anybody knew the penalties for this and had any advice. My court date is may 17th. oh and i still havent gotten a notice from the court. Thank you

    This is a municipal code section ... what city were you in?

    - Carl
  • 05-17-2008, 03:29 PM
    cyjeff
    Re: California Marijuana Paraphernalia
    well, his trial was today.

    If he used the "probation had me so stressed out I had to start smoking weed" defense, he won't be back for a while.
  • 05-17-2008, 03:48 PM
    cdwjava
    Re: California Marijuana Paraphernalia
    Quote:

    Quoting cyjeff
    View Post
    well, his trial was today.

    If he used the "probation had me so stressed out I had to start smoking weed" defense, he won't be back for a while.

    How much you wanna bet court is Tuesday the 17th of June - not Saturday May 17th. :)

    Maybe he's been smoking too much.

    - Carl
  • 05-17-2008, 03:54 PM
    cyjeff
    Re: California Marijuana Paraphernalia
    Quote:

    Quoting cdwjava
    View Post
    How much you wanna bet court is Tuesday the 17th of June - not Saturday May 17th. :)

    Maybe he's been smoking too much.

    - Carl

    Oh, I agree.

    My story was funnier, though.
  • 05-17-2008, 04:02 PM
    fpdlt11
    Re: California Marijuana Paraphernalia
    hi, sorry about the misunderstanding, my court date is June 17th. i live in encinitas california and was given the ticket by San Diego County Sheriffs Dept.

    sorry, i know my excuse may sound dumb and overused but its the truth, im not a stoner. i had tried it before but i wasnt a user.
  • 05-17-2008, 04:12 PM
    cyjeff
    Re: California Marijuana Paraphernalia
    Quote:

    Quoting fpdlt11
    View Post
    hi, sorry about the misunderstanding, my court date is June 17th. i live in encinitas california and was given the ticket by San Diego County Sheriffs Dept.

    sorry, i know my excuse may sound dumb and overused but its the truth, im not a stoner. i had tried it before but i wasnt a user.

    If you really think that the best way to manage your stress from probation is to smoke weed... trust me, you are a stoner.

    Anyway... Carl will come back with the statutes.

    What was the original charge and sentence?
  • 05-17-2008, 04:38 PM
    fpdlt11
    Re: California Marijuana Paraphernalia
    Quote:

    Quoting cyjeff
    View Post
    If you really think that the best way to manage your stress from probation is to smoke weed... trust me, you are a stoner.

    Anyway... Carl will come back with the statutes.

    What was the original charge and sentence?

    well you know how it is at times, it wasn't just stress from probation just stress in general from high school graduation and etc. still, no excuse for smoking, and ive learned my lesson for good.

    the original charge was possession of paraphernalia code 9.20.010 EMC. the change was to 9.20.030 EMC but didnt have anything else written with it. so im not sure if its a different charge.

    the thing was that it wasnt even mine, my so called "friend" left his stuff in my trunk without me knowing. luckily he came to claim it but when he got there he was scared that they might punish him more if he claimed all of it to be his so he lied and said some wasnt. originally we were both going to be given the same charges but then the officer took away a charge for possession of marijuana once i told him i never knew the marijuana was there and i didnt have anything to do with it.
  • 05-17-2008, 05:11 PM
    cdwjava
    Re: California Marijuana Paraphernalia
    The original section (9.20.010) is mostly informational, and the new one (9.20.030) is the possession section.

    Sadly, I cannot cut and paste the sections from the secure PDF, but here it is:

    http://www.ci.encinitas.ca.us/NR/rdo...9D2/0/9c20.pdf

    - Carl
  • 05-18-2008, 12:37 PM
    fpdlt11
    Re: California Marijuana Paraphernalia
    ok thanks for that

    would you happen to know what the possible penalties could be?
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