Drug Crimes, Substance Abuse arrested for Medical marijuana concentrates

[chaoticbliss36]

Hello,

I recently had a search warrant served to my home. The main reason was a roommate that was staying in my home. He had numerous priors that I was not made aware of, and he was being investigated. This is my first offense and they are very serious (11366.5(a), 11359, 11377(a), 11357(a) of the health an safety code) and 272(a)(1) of the penal code. There were no drugs found in my room, but they found a cornucopia of drugs and illicit pictures in the other roommates room. my charges are mainly from drugs found in a common area. I am a medical marijuana patient and genuinely had nothing to do with 98% of what I am being charged with. What I am really curious about is similar cases in Humboldt county in CA and there outcomes.

 

[CdwJava]

Only two of these five charges directly involve marijuana. Frankly, the marijuana offenses are the LEAST of your problems as two of the other three are felonies, and Prop 36 is not available for 11359, 11366.5 H&S or 272 PC.

Similar cases I am aware of have resulted in serious jail time (rarely prison), extensive probation, and drug treatment.

If you truly had nothing to do with 98% of it, you might consider agreeing to a plea that allows you to get off light in exchange for your testimony for the prosecution.

Consult local counsel before you agree to anything.

- Carl

 

[chaoticbliss36]

thanks Carl

The controlled substance charges are for having what they call a "hash lab",
but BILL LOCKYER
Attorney General and
GREGORY L. GONOT
Deputy Attorney General stated: significantly, as previously mentioned, the provisions of section 11357
are expressly rendered inapplicable under the conditions specified in section 11362.5, and
the first subdivision of section 11357 sets forth the penalty for possession of "concentrated
cannabis." Hence, it is manifest that one may possess concentrated cannabis without
violating the terms of section 11357 as long as the requirements of section 11362.5 are met.5

have you heard of or dealt with a similar case?

 

[CdwJava]

That depends ... was he - or you - arguing personal use? Did you or he have a DHS card issued by the state? (The DHS card is what saves you in many cases, not the recommendation.)

The charges you face include possession of some hard drugs as well as possession for sales. Certainly the state will have to show that there was an intent to distribute, but do you have something to show that the "hash lab" was for personal use only (assuming that somewhere there is an interpretation that says prop 215 also covers hash)?

Were you in compliance with the elements of H&S 11362.77 and 11362.775 concerning production?

This is more than simple possession of marijuana or even concentrated cannabis (aka hashish). And, specifically, the offense for which you are charged with regard to the cannabis says:

11357. (a) Except as authorized by law, every person who possesses
any concentrated cannabis shall be punished by imprisonment in the
county jail for a period of not more than one year or by a fine of
not more than five hundred dollars ($500), or by both such fine and
imprisonment, or shall be punished by imprisonment in the state
prison.

And, nowhere in the Attorney General's Guidelines issued August of 2008 do the terms "hash", "hashish", or "concentrated cannabis" appear. Neither do those terms appear anywhere in the Medical Marijuana Program sections of H&S 11362.7-11362.83

Even if you might somehow be able to skate on at least the hash charge, but you would still have the 11377 and 272 issues to deal with and the 11366.5 case as well (assuming it was not directly related to a LEGAL hash production ... and I don't know that it can be).


- Carl