The police arrested me for possession/possession with intent to deliver (PWID) marijuana, but I’m a licensed qualifying patient and/or caregiver. How can they arrest me?
Like most legal issues, medical marijuana cases are not as simple as having a caregiver or qualified patient card that makes you completely immune from arrest or prosecution.
While the MMMA does provide immunity from arrest and from prosecution in some circumstances, they are not automatically applicable. The Courts have limited the extent to which the immunities can be applied, and the statute has been amended to add further qualifications. Here are some things that must be considered by your attorney when they meet with you, to determine if you are eligible to use one of the immunity defenses.
Did you have your caregiver and/or qualified patient card on your person when you were arrested?
Did you have more than 2 ounces of usable marijuana, marijuana derivative, or edible marijuana?
If you were a caregiver, did you have more than 2 live plants per patient registered to you?
Did you sell, give or share you marijuana with another person who is not a qualified patient?
Did you use the marijuana in a public place?
Did you have your plants stored in a locked, secured building, inaccessible to others?
A yes answer to any of these does not automatically mean that you cannot avail yourself of the immunities found in the MMMA. However, a yes answer to any of those questions may create a problem or impediment. You need to talk with an experienced criminal defense attorney who has handled these types of cases to ensure that all avenues are pursued to get you the best outcome.