Drug Crimes, Substance Abuse 20yr old Possession Charge CVC 23222(B) Medical Card however

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needinsomehelp

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Hello,

Jurisdiction: California

Im needin some legal advice and hopefully someone out here can help me. About a week ago I was pulled over by a police officer (he saw a lighter in my hand which i was using to light a cigarette) and, I guess, suspected me of being in possession of drugs. When he pulled me over, he asked me if I had a pipe or any drugs in the car and I answered yes. I handed him both the marijuana (about 2grams) and a pipe that was in a bag in the front seat of my car. I had not been smoking and had not smoked that day. He asked me to step out of the car and searched me and the car, asking me if I had any other drugs in the car, and I said no. I told him repeated times that I only use mj for medicinal purposes for the chronic painful headaches I have. However, I did not have my medical card with me, although I do have one as well as two different doctor recommendations. I was charged with CVC 23222 (B) which is possession of marijuana while driving. My question to anyone who can help me out is how should I go about dealing with this citation? Do I fight this thing because I admitted to being in possession but its legal right? If I show up to my court date in March with both my medical card and doctor recommendations, what could happen? could the case be dismissed? I really dont want this thing on my record and I feel foolish for not having my card with me while driving. I know its legal to possess, grow, and transport mj under Prop 215 if its under one ounce (which in my case it was). I have no other misdemeanors/felonies on my record and feel this is something that could perhaps be avoided. And what is this thing about declaring yourself preguilty to get some form of diversion? Is that an option as well?
Thanks for the help!
 
There are two cards you must present to the police... the doctor recommendation alone is not sufficient. If you bring a valid medical card to court, that was valid at the time of the citation, then it MIGHT be dismissed or reduced. You are required to have it with you and present it upon demand, so you were still in violation.
If you know your paperwork is in order, just bring it to court with you. Personally, I see this along the same lines as not having your vehicle insurance card with you.... you get the citation, later provide the legitimate paperwork to the court, maybe pay a small court fee, and it is dismissed.

I know you said you hadn't been smoking... but keep in mind that the cards will not get you off the hook if an officer arrests you for DUI of marijuana.
 
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