Why am I going to criminal court for possession of marijuana if I have a medical marijuana card?

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Why am I going to criminal court for possession of marijuana if I have a medical marijuana card?

I was pulled over and cited a few weeks ago for cvc 23222(b) poss of MJ while driving and for window tint (don’t remember section). I have had my medical marijuana recommendation since June but the officer who cited me disregarded it. I went to my court date this morning and they dismissed the window tint violation with proof of correction, and then the judge asked how I wanted to plea to the marijuana charge. I said, “I am a medical marijuana patient.” He said, “you have your card?” I said yes and he told me to return to criminal court in 1 week. What should I expect?

Asked on September 3, 2010 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The Court will look at your card and the letter from your physician regarding the recommendation that you use marijuana for medical purposes. The court also has the right to delve in to and ask you questions surrounding the condition that the recommendation is based upon.A patient diagnosed with a debilitating illness where the use would be deemed appropriate is afforded protection from prosecution under the law, but this is of course limited in amounts and to possession and cultivation.  Approved conditions are, but are not limited to, AIDS, anorexia, glaucoma, multiple sclerosis and a host of others.  The court can reject the recommendation and then you would not have the protection afforded under the law.  It may be best for you to seek help from an attorney before you go back to court.


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