Drug Crimes, Substance Abuse Charged with Marijuana possession in AZ with CA med card

[Jerald]

Jurisdiction

Arizona

Hello,

I was pulled over just outside of Seligman on I40 for going 65 in a 75 with icy road conditions and strong wind on my way to Flagstaff. The cop told me he pulled me over because of my speed and flirting with the fog line. I was initially driving the speed limit but dropped to 65 to see if it was a cop tailing me and it was... Before saying anything, the officer knocked on my passenger side of the vehicle and had me step out. After being asked, I disclosed to him that I had an ounce and a half of marijuana and marijuana paraphernalia in my car. I also disclosed that my California medical marijuana papers were in my car and that I was under the impression that my papers were valid in Arizona under the reciprocity clause incorporated under prop 203.
He then cuffed me read me my rights and made me watch while he ransacked my car: only finding what I told him about. I passed his sobriety test and he let me drive off with one count possession and one count paraphernalia.
The cop told me I should be able to get the possession charge dropped right away, but why would he say that unless he knew what he was doing was bullshit...? I had no intent to sell and a legal amount, but he insisted that California medical cards are not valid in Arizona.

Do I have legal grounds to fight this?
Is it possible for me to get my items and pot back?

 

[army judge]

Hello,

I was pulled over just outside of Seligman on I40 for going 65 in a 75 with icy road conditions and strong wind on my way to Flagstaff. The cop told me he pulled me over because of my speed and flirting with the fog line. I was initially driving the speed limit but dropped to 65 to see if it was a cop tailing me and it was... Before saying anything, the officer knocked on my passenger side of the vehicle and had me step out. After being asked, I disclosed to him that I had an ounce and a half of marijuana and marijuana paraphernalia in my car. I also disclosed that my California medical marijuana papers were in my car and that I was under the impression that my papers were valid in Arizona under the reciprocity clause incorporated under prop 203.
He then cuffed me read me my rights and made me watch while he ransacked my car: only finding what I told him about. I passed his sobriety test and he let me drive off with one count possession and one count paraphernalia.
The cop told me I should be able to get the possession charge dropped right away, but why would he say that unless he knew what he was doing was bullshit...? I had no intent to sell and a legal amount, but he insisted that California medical cards are not valid in Arizona.

Do I have legal grounds to fight this?
Is it possible for me to get my items and pot back?

You have the RIGHT to plead NOT GUILTY.

The officer correctly told you, what you already knew, your California drug abuse, err, medical marijuana card isn't of any significance or legal value in Arizona.

As far as the DOPE, you'll never see that again, except in court when it's entered into evidence AGAINST you.

If any other CONTRABAND was seized, you'll see it in court when it's entered into evidence against you to aid in your prosecution.



14. I am traveling to another state. Can I use my California medical marijuana card or recommendation there?

Arizona and Montana have reciprocity in their medical marijuana laws. Maine allows out-of-state patients to exercise their rights for 30 days. Rhode Island respects out-of-state recommendations for any "debilitating medical condition." Michigan accepts medical cards from states that also have reciprocity (California's doesn't). Vermont allows recommendations from neighboring states for Vermont residents only.

The Oregon law does not include a reciprocity provision. However, the Oregon Court of Appeals has ruled (and the Oregon Medical Marijuana Program has confirmed) that patients from out of state are permitted to register with the Oregon Medical Marijuana Program to obtain a registry identification card, the same as an Oregon resident, which will protect them from arrest or prosecution while in Oregon. These out of state patients are required to obtain a recommendation for the medical use of marijuana from an Oregon licensed physician. State v. Berringer, 229 P3d 615 (2010).



Is my MMIC valid outside of California?
It may be but contact the state first. California does not recognize other state's MMIC.

Medical Marijuana FAQs



Technically, Arizona recognizes out-of-state medical marijuana authorizations but doesn't allow out-of-state patients to visit local state-licensed dispensaries, which can certainly cause some problems. However, there are a number of delivery services that will gladly accept your authorization and won't leave you in the dust as you enjoy the beauty of the desert, picturesque sunsets, and one of the Seven Wonders of the Natural World – the Grand Canyon.

Arizona's Patient Possession Limits: 2 1/2 ounces of usable cannabis



DO OTHER MARIJUANA CARDS WORK IN ARIZONA?
Yes. According to the Arizona Department of Health Services (ADHS), you can possess and use marijuana in Arizona if you have a medical marijuana card from another state. The Arizona Department of Health Services website (view question "QP40") states that:
"State law allows a visiting qualifying patient with a registry identification card [medical marijuana card] or its equivalent, issued by the qualifying patient's home state, to possess or use marijuana. However, a visiting patient is not authorized to obtain marijuana from a dispensary because the dispensary is required in statute to access a verification system before dispensing marijuana."




Will My California Marijuana Card Work in Arizona?


As you can see, the law in AZ is quite unsettled. YMMV, too!!!

 

[jas784]

You have the RIGHT to plead NOT GUILTY.

The officer correctly told you, what you already knew, your California drug abuse, err, medical marijuana card isn't of any significance or legal value in Arizona.

As far as the DOPE, you'll never see that again, except in court when it's entered into evidence AGAINST you.

If any other CONTRABAND was seized, you'll see it in court when it's entered into evidence against you to aid in your prosecution.



14. I am traveling to another state. Can I use my California medical marijuana card or recommendation there?

Arizona and Montana have reciprocity in their medical marijuana laws. Maine allows out-of-state patients to exercise their rights for 30 days. Rhode Island respects out-of-state recommendations for any "debilitating medical condition." Michigan accepts medical cards from states that also have reciprocity (California's doesn't). Vermont allows recommendations from neighboring states for Vermont residents only.

The Oregon law does not include a reciprocity provision. However, the Oregon Court of Appeals has ruled (and the Oregon Medical Marijuana Program has confirmed) that patients from out of state are permitted to register with the Oregon Medical Marijuana Program to obtain a registry identification card, the same as an Oregon resident, which will protect them from arrest or prosecution while in Oregon. These out of state patients are required to obtain a recommendation for the medical use of marijuana from an Oregon licensed physician. State v. Berringer, 229 P3d 615 (2010).



Is my MMIC valid outside of California?
It may be but contact the state first. California does not recognize other state's MMIC.

Medical Marijuana FAQs



Technically, Arizona recognizes out-of-state medical marijuana authorizations but doesn't allow out-of-state patients to visit local state-licensed dispensaries, which can certainly cause some problems. However, there are a number of delivery services that will gladly accept your authorization and won't leave you in the dust as you enjoy the beauty of the desert, picturesque sunsets, and one of the Seven Wonders of the Natural World – the Grand Canyon.

Arizona's Patient Possession Limits: 2 1/2 ounces of usable cannabis



DO OTHER MARIJUANA CARDS WORK IN ARIZONA?
Yes. According to the Arizona Department of Health Services (ADHS), you can possess and use marijuana in Arizona if you have a medical marijuana card from another state. The Arizona Department of Health Services website (view question "QP40") states that:
"State law allows a visiting qualifying patient with a registry identification card [medical marijuana card] or its equivalent, issued by the qualifying patient's home state, to possess or use marijuana. However, a visiting patient is not authorized to obtain marijuana from a dispensary because the dispensary is required in statute to access a verification system before dispensing marijuana."




Will My California Marijuana Card Work in Arizona?


As you can see, the law in AZ is quite unsettled. YMMV, too!!!

Even though I sense some prejudice in your use of "drug abuse" - This was very helpful, but I am not lying when I say that I was under the impression that my CA medical recommendation was acceptable in Arizona. As my ailment (insomnia - which I have legitimate prescription sleeping pills for) is accepted by AZ as a legitimate claim to a medical referral (which is the main catch (i thought) in the reciprocity clause for AZ). I have also been stopped once by a federally and state licensed cop who let me go because he knew of reciprocity for CA med cards in az which is really what I have been basing my beliefs of legality on.

- "DO OTHER MARIJUANA CARDS WORK IN ARIZONA?
Yes. According to the Arizona Department of Health Services (ADHS), you can possess and use marijuana in Arizona if you have a medical marijuana card from another state. The Arizona Department of Health Services website (view question "QP40") states that:
"State law allows a visiting qualifying patient with a registry identification card [medical marijuana card] or its equivalent, issued by the qualifying patient's home state, to possess or use marijuana. However, a visiting patient is not authorized to obtain marijuana from a dispensary because the dispensary is required in statute to access a verification system before dispensing marijuana.""

Because my Med card is accepted in AZ, did they have legal grounds to take my pot and paraphernalia as I had a total less than the allowed 2 1/2 Ounces?

 

[army judge]

Even though I sense some prejudice in your use of "drug abuse" - This was very helpful, but I am not lying when I say that I was under the impression that my CA medical recommendation was acceptable in Arizona. As my ailment (insomnia - which I have legitimate prescription sleeping pills for) is accepted by AZ as a legitimate claim to a medical referral (which is the main catch (i thought) in the reciprocity clause for AZ). I have also been stopped once by a federally and state licensed cop who let me go because he knew of reciprocity for CA med cards in az which is really what I have been basing my beliefs of legality on.

- "DO OTHER MARIJUANA CARDS WORK IN ARIZONA?
Yes. According to the Arizona Department of Health Services (ADHS), you can possess and use marijuana in Arizona if you have a medical marijuana card from another state. The Arizona Department of Health Services website (view question "QP40") states that:
"State law allows a visiting qualifying patient with a registry identification card [medical marijuana card] or its equivalent, issued by the qualifying patient's home state, to possess or use marijuana. However, a visiting patient is not authorized to obtain marijuana from a dispensary because the dispensary is required in statute to access a verification system before dispensing marijuana.""

Because my Med card is accepted in AZ, did they have legal grounds to take my pot and paraphernalia as I had a total less than the allowed 2 1/2 Ounces?

I made a typo, which I IMMEDIATELY corrected.

Kinda like you, mate, you're trying to correct an alleged mistake, too.

Mistakes were made, someone will be blamed.


That issue won't be decided until the matter has been adjudicated in court.

It would appear you have a valid defense.

 

[jas784]

Thanks, for the additional help Few more Q's

so, just to be 100% clear: there is no chance my meds will be returned to me?

What about Paraphernalia? This stuff was not only expensive, but also sentimental to me (I'm sure that sounds stupid and holds no legal grounds, but every bong has a name and a story! cop wouldn't even let me say bye). So, would I have legal grounds to get my paraphernalia back?

Is there anything fishy about my being pulled over and let go without any sort of civil traffic violation. On the ticket I only have one count marijuana possession and one count drug paraphernalia possession as my offenses. I was deemed fine to drive by the officer; would that strengthen my defense?

 

[army judge]

Thanks, for the additional help Few more Q's

so, just to be 100% clear: there is no chance my meds will be returned to me?

What about Paraphernalia? This stuff was not only expensive, but also sentimental to me (I'm sure that sounds stupid and holds no legal grounds, but every bong has a name and a story! cop wouldn't even let me say bye). So, would I have legal grounds to get my paraphernalia back?

Is there anything fishy about my being pulled over and let go without any sort of civil traffic violation. On the ticket I only have one count marijuana possession and one count drug paraphernalia possession as my offenses. I was deemed fine to drive by the officer; would that strengthen my defense?

After practicing law for decades, I never anticipate or speculate what a jury will decide.

All you can do is appear when and where directed, plead not guilty, hire a lawyer (or ask if you qualify for a public defender), admit nothing, say nothing except to announce that you are standing on your right to remain silent.

Then make sure you do just that, don't discuss the case.

Name, rank, serial number, you know the drill.

Stay out of more trouble, and prepare for your trial.

If the items are proven to to NOT be contraband, you can seek their return after trial.

As far as paraphernalia, AZ classifies that as illegal, no way you're getting that back.

In Arizona, possession of drug paraphernalia is prohibited under the terms of A.R.S §13-3415, which states that it's illegal to possess anything that allows one to use, prepare, plant or do a number of other things related to drugs.

In broad terms, any instrument or item used in close connection with illegal drugs can be deemed paraphernalia, and under Arizona law, this can be either a felony or misdemeanor charge.

Felony vs. Misdemeanor Paraphernalia Charges

If the drug paraphernalia possession charge is processed through the county court system, it will likely be charged as a class 6 felony.

On the other hand, if the charge is processed in a municipal court, then it will likely be charged as a misdemeanor. In either case the conviction will remain on your record until you motion the court to set it aside.

Penalties for Possession of Paraphernalia Charges

Arizona's Proposition 200 prohibits jail or prison time for first- and second-time nonviolent drug offenders. They may receive probation and other penalties, but incarceration can be avoided.

However, if there are other charges or aggravating factors present, or if the charges are deemed violent, the offender may face jail or prison time.

In many jurisdictions throughout Arizona, there are drug diversion programs that are offered to drug offenders. One of these is TASC, which is a drug monitoring program that generally lasts from three to six months.

For offenders who don't fall under the Proposition 200 restrictions, jail or prison time for paraphernalia charges could be up to one year for a first-time felony, or longer for those with multiple felony convictions.

If an offender is eligible for a drug diversion program, he or she may have their charge dismissed once the program is completed successfully. If offenders don't pass the program, they could face increased penalties.

The marijuana charge probably can be beaten.
The paraphernalia charge is going to be difficult, but not impossible with the right legal counsel.