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Woman Avoids A Felony Marijuana Conviction After A Concert

Apr 06 2016, by Jessica McElfresh in Case Results, Drug Crimes, Marijuana Charges, Medical Marijuana

If you find yourself accused of a crime, it is important to find a knowledgeable attorney to protect your rights. This experience recently aided a woman in her mid-20’s, when during a concert she dropped a vapor pen and deputies noticed a small amount of marijuana. Nervously, the woman presented her medical recommendation for the marijuana; however, the officers stated concentrated marijuana in a vaporizer is not legal even with a recommendation, which was expired anyway. As a result, the deputies issued her a citation for felony possession of concentrated cannabis. Unsure of how to handle the situation and with no prior criminal history, the young woman wanted to avoid the complications associated with having a felony marijuana conviction on her record; therefore, she reached out to San Diego criminal defense attorney Jessica McElfresh for assistance.

With a clear understanding of the California drug laws, attorney McElfresh reviewed the case and determined the officers issued an inappropriate violation. During her client’s court appearance, McElfresh argued that based on the circumstances and under California’s recently passed Proposition 47, a personal possession citation should have been filed as a misdemeanor, rather than the more severe felony infraction. Additionally, she pointed out the officers provided inaccurate information because legal precedents exist, stating medical recommendations do not technically expire. For these reasons, the prosecutors agreed to dismiss the citation and reevaluate the charges. With the possibility of new charges being brought against her client being extremely low, the woman was very relieved to leave the courthouse without the ramifications of an unwarranted felony drug conviction.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.