Marijuana Misdemeanor Charge in Traffic Court

[Liberal93]

Greetings, I am to appear before the local traffic court under a marijuana misdemeanor charge. This was actually transferred in correction from the criminal court initially. I was wondering if I obtained a cannabis card, a medical recommendation for marijuana, for a valid reason from the qualified practitioners here in California before my court date that my penalties might be mitigated or even liquefied. The amount for which I was charged was less than a half gram of pot. Thank you.

[cdwjava]

Greetings, I am to appear before the local traffic court under a marijuana misdemeanor charge. This was actually transferred in correction from the criminal court initially. I was wondering if I obtained a cannabis card, a medical recommendation for marijuana, for a valid reason from the qualified practitioners here in California before my court date that my penalties might be mitigated or even liquefied. The amount for which I was charged was less than a half gram of pot. Thank you.

If you obtained the recommendation and the state issued DHS card, the court might be willing to drop the matter. But, they do not have to because at the time you had neither.

[Liberal93]

Thanks for the reply. What is a DHS card, and what does it have to do with the medical marijuana recommendation?

[cdwjava]

Thanks for the reply. What is a DHS card, and what does it have to do with the medical marijuana recommendation?

Most county health departments in California are the conduit to the state of California Medical Marijuana card issued by the Department of Health Services. You take your doctor's recommendation to the county Health Department and they verify that the doctor is real and that he has, indeed, provided a recommendation for a qualifying condition. They then apply for a state-issued card that you can carry and present to law enforcement and others to show that you are permitted to possess the legal amount of marijuana.

Without that card, law enforcement can still charge you and seize your marijuana. The recommendation allows for an affirmative defense, but does not necessarily prevent law enforcement from taking action. Possession of a valid DHS card would prevent your marijuana from being seized and you being arrested provided all other laws were adhered to.

Too few people get these DHS cards. Around here, the doctors (and there are only three main ones in a four county area that seem to provide the recommendations) are suggesting not to ... I suspect it is because the doctors know that they issued the recommendations under sham conditions and do not want to get caught. Others might be afraid that the feds will come after them or they might lose their license. In the end, not having the DHS card can result in continuing contacts and seizures.