I love California! -- Final End

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Date Posted: 00:00:15 12/19/02 Thu
Author: Drummond
Subject: I love California!

I don't do a lot of marahoochie defense, unless it's a simple possession case or a DUI or something. But I had a couple of older hippies come in recently. Apparently, the woman was speeding and was pulled over. She had about a pound of undried pot, still on the branches with the leaves, in a large plastic bag. She had forgotten to carry her prop 215 note from her doctor.

She gets headaches and has a hard time sleeping, so he recomended marijuana. There are a few doctors willing to write these notes because they don't fall under the regulations of prescriptions apparently.

So anyway, she was cited (You better watch out in California - they still ticket you for a pound of grass!) and they took her medicine away. Weeks later, the judge dismissed her case.

The California Supreme Court recently ruled that the medical defense is not a affirmative defense requiring proof of medicinal purpose. All they have to do is show the cops a note from a doctor, and it's up to the D.A. to prove the note is false or inappropriate. DAs around the state were harassing the few doctors willing to recomend ganja as medicine by forcing them to come testify in the remote courts. No longer.

So my clients come to me because they tried to get their medicine back. The CHP wouldn't let it go without a court order, but the court wanted an affidavit that the ganja was all that was seized. My clients get confused, so they come to me. The CHP is required to confirm with an affidavit the "contraband" confiscated upon request, but apparently their position was that the couple didn't request the affidavit and they weren't responsible to make it easier on them.

But then the order comes down and they still refuse to give up the medicine because the official state trooper position is that federal law trumps California law and they would be in violation of federal law to give it to my clients, even with a court order. The Lieutenant sarcasticly asks me if I will represent him for free if he's arrested by federal marshals (actually, I would love that case!) Now I know that they've been forced to give it up before, so I go back to the judge who growls at the D.A. and say, "Send the damned stuff to my office, and I'll give it back to em!"

And that's what they did. Apparently, that's the practice.

In the meantime, the stuff didn't dry right and some of it got mildewed. My job is to research the possibility of damages against the CHP because the medicine was not properly stored. Really, the CHP officers should have clipped the buds, hung them up on wire, and allowed them to dry slowly, preferably out of direct light and with proper ventilation.

God, it's a fun time to practice in California!

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Replies:

I didnt know you was a solicitor(right term?) Drummond. -- PAUL, 02:13:40 12/19/02 Thu
- I think you're looking for the word "barrister" -- Drummond, 09:33:55 12/19/02 Thu
  - Sounds like a lot of fun. -- PAUL, 16:59:16 12/19/02 Thu
    - Good show! -- Drummond, 23:51:06 12/19/02 Thu
      - Thanks, -- PAUL, 03:45:42 12/20/02 Fri
    - Re: Sounds like a lot of fun. -- sjk, 19:45:08 12/20/02 Fri
      - Sue,what are you wittering about? -- PAUL, 03:23:57 12/21/02 Sat
    - Re: Sounds like a lot of fun. -- sjk, 00:36:24 01/01/03 Wed
Re: I love California! -- sjk, 18:08:46 12/27/02 Fri