This article was originally published on the Marijuana Patients Organization site on February 1, 2011.
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My wife has glaucoma. I have a felony on my record because of some bad choices I made when I was a young man. Can I be a caregiver for my wife?
Dear Bob,
It depends on if your felony is drug related or not. A person, who has been convicted of a felony involving illegal drugs, can’t be a primary caregiver. The MMMA does however say that a person may assist a registered qualifying patient with using or administering marihuana. So if you have a drug related felony on your record, you may still be able to help your wife in other ways.
I got stopped by the cops but I got my paperwork. I was honest with them and showed them my paperwork. They said my paperwork isn’t good enough. Now I gotta go to court. Whats gonna happen to me?
Dear Marc,
Without knowing where you were arrested, the best I can offer is “it depends.” There’s no census among police departments and prosecutor’s offices; each is handling your type of case slightly different. In fact, some police officers just let you go after seeing your paperwork.
Under the MMMA, your paperwork is as good as the card. In theory, you should be able to show your paperwork to the prosecutor and get the case dismissed. Some prosecutors aren’t agreeing to a dismissal because there’s no way to verify if you got a rejection letter in the mail or not. These prosecutors are adjourning cases and requiring you to bring in your card when it arrives in the mail.
It is very important that you retain an attorney who has experience with medical marihuana cases. If you can’t afford an attorney, make sure you ask for a court appointed attorney.
I pled guilty to a drug crime and got 7411. I completed probation. Can I be a caregiver?
Dear Chris:
A plea taken pursuant to 7411 is not a conviction if you successfully satisfied the terms of your probation, and the charge was discharged at the competition of your probation. Because it is not a conviction, you should be able to become a licensed caregiver without any problem. While there is neither law nor case law specifically on point with what you are asking, similar cases suggest that a plea taken pursuant to 7411 is not a conviction and should not bar receipt of such license. I’d encourage you to make an appointment with an attorney who does MMMA consulting to discuss your concerns.