Reduced Sentencing??

This is hypothetical but what if somone got a bust on a small garden of like 5 plants in california and they didnt have a cannabis card.

this is a felony charge of 16-(about)32 months

but what if they legitamently aquired a cannabis card before the court date.
would reduced sentencing be a resonable possibility???

Absolutely yes! A defense of "medical necessity" is always an option in court. Ideally, you could even claim medical necessity without having any medical recommendation at all.

Of course, I recommend that you do go and obtain a recommendation, IMMEDIATELY, from a doctor of your choosing. Preferably, a doctor who won't be under investigation or out of business come time for your trial.

Next, I recommend that you register with your county's ID card program, if applicable. This is an extra step requiring that you put forth more money. But when we're talking about the cost of your freedom, money should be your last concern. The ID card will make your medical status 100% legit, because you're paying the State of California their money. Thats right, the same State that is prosecuting you.. Maybe you can see why this could potentially benefit you in court?

I would guess that with a good lawyer, you will likely have the charges dropped all together. There really isn't a whole lot that they can do in regards to your defense. Keeping in mind, that the State needs to prove beyond a reasonable doubt that you are NOT a patient using marijuana for medicinal purposes. The burden of proof lies on the State of California to prove that your doctor unlawfully recommended marijuana to you. How do they prove that to 12 jurors? Easy.. They don't.

Long story short, your likely to be in good shape if you go and register. If you have any other legal questions, let us know and we'll be happy to help you in any way that we can!

O ya theres another question

Ive herd of primary caregivers that help people out that cant fully take care of themselves (usualy alzhemerres patients or ppl with bi-polar disorder or if they are going through radiation treatments for cancer) anyway i herd they usually get about 2-5K per month from the state for there services.

Are these the same classifaction of primary caregivers that can grow medical marijuana for the assigned patient. And if so does that mean the caregivers are paid by the state to "basically grow weed"

Pumert said:

O ya theres another question

Ive herd of primary caregivers that help people out that cant fully take care of themselves (usualy alzhemerres patients or ppl with bi-polar disorder or if they are going through radiation treatments for cancer) anyway i herd they usually get about 2-5K per month from the state for there services.

Are these the same classifaction of primary caregivers that can grow medical marijuana for the assigned patient. And if so does that mean the caregivers are paid by the state to "basically grow weed"

Click to expand...

Here in CO caregivers are just people that can legally grow, sell, and transport cannabis for patients. All the patient has to do is write you in as a caregiver, some prefer to stay off paper however.

NewGrowth said:

Here in CO caregivers are just people that can legally grow, sell, and transport cannabis for patients. All the patient has to do is write you in as a caregiver, some prefer to stay off paper however.

Click to expand...

That didnt quite answer my question because im sure colorado and california have difernt state regulations but thnx anyway for your effort D

In a recent report, the California Attorney General has set specific guidelines for who can and cannot qualify as a caregiver. The short explanation is, in order to be defined as a "caregiver", you must actually provide for the care of the individual in some way other than growing marijuana. This of course leaves the real definition of a "caregiver" very open. So long as you are providing for the general care and well-being of someone, you can be considered a legal "caregiver".

Now, most states do offer a program that allows you to take care of a sick or elderly family member, and receive compensation. Ideally, you could go through the regular avenues and fill out all the paperwork to receive compensation through your state for taking care of your family member or loved one.

By doing the above, you would most certainly meet the definition of a REAL "caregiver" in the eyes of the State of California. You cannot be specifically paid to be a marijuana caregiver, but you can be compensated to take care of someone's general health.

So to answer your question, yes and no. Depending on how you look at it..

So basically if you grow weed for them and go the extra mile by helping them out of bed them getting them grocerys feeding them etc then you would be liable for compensation checks

In a short answer, yes. However, you'll receive compensation because your doing the cooking, the shopping, cleaning, assisting, etc. NOT for growing medicine for the person.

If you were to apply for compensation from the state, I wouldn't even mention "growing pot" as a qualification as to why you feel your taking care of someone. Even though we both know that providing medicine is just as important as getting the groceries, we also know that it could potentially be a controversial issue.

just one more question

is your profile just one person or are there many differnt ppl with the account info
and if so roughly how many ppl

(its just cuz id like to get a rough idea of how many ppl im actually talking to)

Actually this is my last question

concerning my original question how long does california cannabis card paperwork usually take to process?? because time is of the essence here as you already know

We are a Cannabis Law Reform group of approximately 30 people, and there are only 3 (I believe) of our members who come to this forum. They do not use this account though, I am the only person with this account login info.

My name is Jason, and I founded our group back in early 2006. We started in the city of Glendale and soon expanded to the entire greater Phoenix area. This was at a time when Phoenix had no active NORML Chapter, despite the immediate need for action in our community.

You can get your recommendation the same day you see the doctor. You can take that recommendation to your County Department of Health and register to have your ID card sent to you in the mail. The verification process can take 35 days or so for your information to be verified.

In the meantime while you wait, I recommend that you file the necessary "Motion to Continue" in court, based on the fact that your medical evidence has yet to be issued by said County.

If you have any other questions, just let me know. I really do hope that we're speaking hypothetically, because I really hate to see good people being wrongfully prosecuted by the law.