Possession of a "Controlled substance" in Yosemite...

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Messages 21 - 40 of total 105 in this topic << First  |  < Previous  |  Show All  |  Next >  |  Last >>
mechrist

Gym climber
South of Heaven
Jan 31, 2013 - 01:23pm PT
John M, not sure what you mean... did I leave too much of the long story out? Perhaps the following details will help clarify things: battery died, truck wouldn't even jump, and a crazy old man insisted on PUSHING us back to town with the grill of his truck rather than towing us... which is why we got pulled over and why I the cop called the tow truck for us.
dave

climber
Earth
Jan 31, 2013 - 01:42pm PT
why I the cop

Damn so you were the cop who pulled yourself over and then discussed with yourself about the dead shows you have and have not been to? That 1 dose you had must have been GUD.


Lingering affects?



Just messing with you.
John M

climber
Jan 31, 2013 - 01:50pm PT
Thats a likely story Wes.. . suuuure it happened that way. I have pictures of all the old people and none of them look like they would have pushed you with their trucks. Nice old grampas and grandmas. Your just trying to make them look bad so that you can get sympathy. Prepare for a beat down.












just messing with you Wes.
mechrist

Gym climber
South of Heaven
Jan 31, 2013 - 02:03pm PT
Christ, I need more coffee and more controlled substances... it is going to be a long day.
Ksolem

Trad climber
Monrovia, California
Jan 31, 2013 - 02:17pm PT
That is largely due to a national directive by President Obama instructing federal attorneys to avoid using funds to prosecute the legitimate sale and use of medical marijuana in states where it has been legalized. The directive, called the Ogden memo, is not legally binding, and it is still up to the officers’ discretion whether to cite users of MMJ.

That's interesting considering that DOJ has been very active in Ca trying to seize properties from banks who own mini-malls or the like which have a Ca legal dispensary. In most cases the banks are not even aware, until legal proceedings are brought, since they use property management companies to handle the leases.
climbski2

Mountain climber
Anchorage AK, Reno NV
Jan 31, 2013 - 02:21pm PT
Like it says. It is not legally binding. Basically you are at the mercy of the court. Judges discretion. You enhance your chances of being dismissed by showing up dressed respectfully and having a reasonable demeanor. Maybe the judge will be cool.. maybe you'll be addressed for 2 minutes and have to pay the fine.

Might as well try to get out of it.
#310

Social climber
Telluride, CO
Jan 31, 2013 - 03:23pm PT
Yosemite is one of a very few National Parks that has exclusive jurisdiction. Only Federal laws apply - not California state laws. Some rangers have to enforce laws they do not believe in. Be polite and hope the judge just gives you a lowish fine.

The good side of exclusive jurisdiction is YOSAR and Werner can run their missions without "help" from the various county sheriff's departments.

A former Valley Ranger who never made a drug citation/arrest w/o out a flaw that a smart lawyer would find.
Don Paul

Big Wall climber
Colombia, South America
Jan 31, 2013 - 03:51pm PT
Very interesting. I dont know how or if state laws apply in national parks, reminds me of Indian reservations, where the fed's have authority. But the feds never prosecute mj possession anywhere else.

I'd say, argue not guilty by way of the medical necessity defense. You will need a lawyer, I don't know if its been tried before but worth checking into. Has any other mmj patient in CA been convicted of this? Figure out if its a citation, like a traffic infraction, or a real criminal conviction. You want to have a clean criminal record so you can be employable in the future.
Dingus Milktoast

Gym climber
And every fool knows, a dog needs a home, and...
Jan 31, 2013 - 04:04pm PT
The President really cannot direct a Federal prosecutor to not prosecute a crime... not really, can he?

Its an illegal order, for the most part, a political statement with no teeth at all, made for show, by a guy who isn't going to confront this issue nationally.

DMT
Dingus Milktoast

Gym climber
And every fool knows, a dog needs a home, and...
Jan 31, 2013 - 04:06pm PT
I'd say, argue not guilty by way of the medical necessity defense. You will need a lawyer, I don't know if its been tried before but worth checking into.

What's your typical lawyer fee run for a defense in a Federal prosecution?

What's the fine again?

The math seems quite simple. If it was a matter of principle the bloke wouldnta had the smokable on Federal property so don't go all high and mighty on this. Take yer licks and move on.

Or don't... make a big Federal case out of it and lose big time, instead of small time.

DMT
Jebus H Bomz

climber
Reno, Nuh VAAAA duh
Jan 31, 2013 - 04:07pm PT
I'm not even on the toke train anymore, but this repression has gone on long enough. Anybody imprisoned for marijuana possession is wrongly imprisoned. It is simply out of step with the perception of most Americans nowadays. Legalize it, tax it, and move on.
Ksolem

Trad climber
Monrovia, California
Jan 31, 2013 - 04:08pm PT
Regarding that "Ogden Memo" cited above. It appears that the memo, which was written in 2009 by a Deputy Attorney General named Ogden, has been "clarified." Obama has appointed Michelle Leonhart, a Bush holdover and anti medical marijuana hard liner to head DEA. At the same time DOJ is going after the sellers, but it looks like casual users are off their horizon.

You might want to sit down with someone who knows the law and read the whole Ogden memo, and it's revision by Dep. Att. Gen James Cole. There might still be an argument in your favor in there.

Two points of view:

Rolling Stone

Reason.com
jcory86

Big Wall climber
Grass Valley, CA
Topic Author's Reply - Jan 31, 2013 - 04:16pm PT
Thanks everyone,
I think it will work out. I'm a clean cut guy as it is and was polite/cooperative with the rangers. I plan on being apologetic and earnest in expressing my love for Yosemite. I made a mistake by briging it into the valley. It will never happen again...etc. will post up a TR about the climb and the court proceedings!
Don Paul

Big Wall climber
Colombia, South America
Jan 31, 2013 - 04:20pm PT
YER GONNA DIE!
wstmrnclmr

Trad climber
Bolinas, CA
Jan 31, 2013 - 05:13pm PT
...."this aggression will not stand, man!"
WTF

climber
Jan 31, 2013 - 07:14pm PT
Don't do the crime if you can't do the time or pay the fine pretty simple own your sh#t and move forward.

Bargainhunter

climber
Jan 31, 2013 - 09:07pm PT
Please post about your experience in court. I am curious about what your penalty will be. Best of luck!
GDavis

Social climber
SOL CAL
Jan 31, 2013 - 10:15pm PT
best of luck, we'll burn one if you ever make it my way :) lol.
Toker Villain

Big Wall climber
Toquerville, Utah
Jan 31, 2013 - 10:21pm PT
WTF, who owns your body and can tell you what to put in it,.. the government or,..YOU!

Is this a free country?
SalNichols

Big Wall climber
Richmond, CA
Jan 31, 2013 - 10:25pm PT
You know, when you're facing a federal crime, I'm not sure that representing yourself is a sound idea...seriously, please consult with an attorney tomorrow before you decide to throw yourself on the mercy of the court.
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