Pouch Bag System
June 30th, 2010 | 
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i'm a legal marijuna patient, but my brother got cited for my stuff in his car!?
Hello. Here is the situation:
I am a legal medical marijuana patient (certified)
unfortunately, my "pouch" (where all my stuff is kept) fell out of my bag and was left in the backseat of my brothers car...which we are both insured to drive
now, he got pulled over and was searched. he denied it was his and without further reasoning, the cop cited him with a misdemeanor. the pouch is a pink coach bag (obviously a girls) and there was less than 1 gram in there.
what's our best option!? I'm thinking about getting him tested (to show he does not have THC in his system) and go to court with my certification and his clean test so they can hopefully drop the charges
what's my best bet!? i'm looking for some real options/advice.
it break my parents heart if they found out any of this was going on...
i'd like to keep that part of my life seperate and secret, but my main concern is my brother.
Thanks!
Unfortunately, most of the other comments are bad advice. But that's what you get for free, right?
Don't worry about getting him tested. He wasn't charged with being under the influence, it doesn't seem. The question is possession. He could have no trace of THC in his system but be the biggest pot dealer on the West Coast. Or he could have THC levels through the roof but the pot they found still wasn't his. It isn't relevant to your case.
He was in constructive possession so it was reasonable to arrest/ticket him. But, on the day he goes to court, you need to go with him. Bring your medical marijuana paperwork/ID AND insurance card with both names. If you show the city attorney/DA your paperwork, they are likely to drop the charges. Assuming he can't afford an attorney, he'll be assigned a public defender. They should help you with all this.
This shouldn't be that hard of a case to get dropped, especially since you share the car, you were probably recently in it and it was in your purse. Any reasonable DA would drop it. If not, he you really needs to go to trial. That would probably be a couple of weeks later. Juries already don't care about pot, especially when its for medicinal use and especially for the obvious fact that he is NOT GUILTY.
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