Jump to content

Possession charge - have doc rec


Recommended Posts

Hey everyone

Brand new to the forum, and thanks very much in advance. I was pulled over for speeding in Romeo and the cop immediately asked how much weed I had on me. I told him none and he said he smelled it, threatened search warrant, etc. I told him I had a pipe in the car and he proceeded to search the car and found a very small amount, less than a gram. 

I was booked and charged with possession and possession of paraphernalia. I was given a doctors recommendation recently for treatment of pain related to herniated discs in my neck from an accident. The rec was given just a few weeks ago and I hadn’t sent in my application or received the card at the time of the incident. 

Will it be possible to have the charges dropped based on the existing doctor’s recommendation, especially if I have the card by my court date?

I’m a broke student, and haven’t had any income since my accident, and legal fees and attorney fees are going to be very difficult for me. Any help is hugely appreciated. 

Edited by Uncured
Misspelled word
Link to comment
Share on other sites

There is the "Section 8" defense for unregistered patients. Don't know how well those work.

Having your card before you go to court certainly wouldn't hurt. Don't know how much it would help though.

Make sure you aggressively pursue your right to a jury trial. Don't take no for an answer. If you get a court appointed lawyer, don't let him slough you off. The judge can replace him at your request if he doesn't defend you to the utmost of his ability (or hers). Hang in there and play the game until they get tired enough of you to drop the case.

You think I'm kidding. I'm not. You haven't committed a crime. You have made a procedural error. They should honor your doctor's recommendation. But... you are possibly dealing with drug Nazis who really dislike marijuana users. Proceed accordingly.

Edited by AmishRnot4ganja
Link to comment
Share on other sites

if you have the drs rec before the incident, a section 8 defense will be valid in most cases. assuming the dr you saw did all of this:

(a) "Bona fide physician-patient relationship" means a treatment or counseling relationship between a physician and patient in which all of the following are present:

(1) The physician has reviewed the patient's relevant medical records and completed a full assessment of the patient's medical history and current medical condition, including a relevant, in-person, medical evaluation of the patient.

(2) The physician has created and maintained records of the patient's condition in accord with medically accepted standards.

(3) The physician has a reasonable expectation that he or she will provide follow-up care to the patient to monitor the efficacy of the use of medical marihuana as a treatment of the patient's debilitating medical condition.

if all of that was done properly,

you can try calling the prosecutor and telling him you have a drs rec, valid before the offense and ask if he would drop the charges or ... possibly change the charges to some fine-only type driving offense.

now if you dont want any kind of fine... there are still options.

here are your options:

1. try a sec 8 defense without a lawyer, order a jury trial, might get dismissal 
difficulty : high, possible. but you need your medical records from your dr. go in and get copies of your records if you dont already have them.

here is what is needed for a sec 8 defense:

333.26428 Defenses.

Affirmative Defense and Dismissal for Medical Marihuana.

Sec. 8. (a) Except as provided in section 7(b), a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

(1) A physician has stated that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition;

(2) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and

(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.

(b) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).

here is an example of a section 8 defense motion (although this is all outdated since newer case law has more requirements)



actual peoples section 8 motions in court:


this was the first sec8 motion, and thus, very outdated. http://web.archive.org/web/20091116143812/http://www.capwayne.org/handouts/2009/2009_10_30_medical_mj_motion_TEMPLATE.pdf

2. if you have a clean record use a 7411 to wipe away conviction, but this means admitting to stupid probationary period from the judge . plus probation fee. and you only get one 7411....

Supervision Parole: Not to exceed $135 
Supervision Probation: Not to exceed $135 
Application Fee: $200 
Other / Notes: Supervivion Fee: Dependent on income and can be between 0% to 5% of the offender's projected monthly income; not to exceed $135.

dunno if that is accurate, also they will lump on some other fees like court fee nonsense.

3. if you are 17-24 yrs old you maybe eligible for a HYTA , similar to 7411. 

4. hire a lawyer and win. cost about $1000-$5000 

5. delay court until the legalization vote in 2018. hey, the laws change and maybe you can just say "look the laws changed lemme go"?


i recommend printing a copy of the MMMA  ,read it twice and backwards, keep it with you at all times and point to it whenever possible.




but really i suggest calling a medical marijuana lawyer. public defenders usually dont know the ins and outs. just be sure if you take a plea know what you are getting into. if a plea deal takes away your drivers license or whatever. and a conviction could screw up benefits and other federal services in the future as well so keep that in mind too. not trying to scare you ,but you are now in for a fight for your freedom. stand up and fight! be prepared!

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Create New...