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mechrist
Gym climber
South of Heaven
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Jan 31, 2013 - 02:03pm PT
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Christ, I need more coffee and more controlled substances... it is going to be a long day.
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Ksolem
Trad climber
Monrovia, California
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Jan 31, 2013 - 02:17pm PT
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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.
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climbski2
Mountain climber
Anchorage AK, Reno NV
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Jan 31, 2013 - 02:21pm PT
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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.
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#310
Social climber
Telluride, CO
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Jan 31, 2013 - 03:23pm PT
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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.
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Don Paul
Big Wall climber
Colombia, South America
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Jan 31, 2013 - 03:51pm PT
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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.
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Ksolem
Trad climber
Monrovia, California
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Jan 31, 2013 - 04:08pm PT
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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
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jcory86
Big Wall climber
Grass Valley, CA
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Topic Author's Reply - Jan 31, 2013 - 04:16pm PT
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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!
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Don Paul
Big Wall climber
Colombia, South America
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Jan 31, 2013 - 04:20pm PT
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YER GONNA DIE!
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wstmrnclmr
Trad climber
Bolinas, CA
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Jan 31, 2013 - 05:13pm PT
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...."this aggression will not stand, man!"
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Bargainhunter
climber
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Jan 31, 2013 - 09:07pm PT
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Please post about your experience in court. I am curious about what your penalty will be. Best of luck!
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GDavis
Social climber
SOL CAL
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Jan 31, 2013 - 10:15pm PT
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best of luck, we'll burn one if you ever make it my way :) lol.
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Toker Villain
Big Wall climber
Toquerville, Utah
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Jan 31, 2013 - 10:21pm PT
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WTF, who owns your body and can tell you what to put in it,.. the government or,..YOU!
Is this a free country?
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SalNichols
Big Wall climber
Richmond, CA
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Jan 31, 2013 - 10:25pm PT
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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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Rolfr
Social climber
North Vancouver BC
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Jan 31, 2013 - 10:42pm PT
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You know, when you're facing a federal crime
I agree, the fine may be insignificant, but the legal consequences may haunt you all your life. At least consult a reputable lawyer for advice.
I don’t know US law but a felony conviction may hinder your ability to travel and seek future employment. If you can’t decide what to do, ask for a postponement to seek legal council before you commit to anything.
As a felon you would have trouble even visiting Canada, if the border guard decides to look closer in your background.
Good luck, what a screwed up system.
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SalNichols
Big Wall climber
Richmond, CA
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Jan 31, 2013 - 11:54pm PT
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This conviction, and it wil be that, will prevent you from EVER entering Canada to climb...please, talk to an attorney before you go to court. At the least, DO NOT TAKE A PLEA. Ask for an extension to consult with an attorney. You don't have to do anything on Tuesday but ask for time, or plead not guilty.
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Brandon-
climber
The Granite State.
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Jan 31, 2013 - 11:57pm PT
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^^^^^^That...
Please listen to those words.
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strangeday
Trad climber
Brea ca.
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Sorry to hear that. I've often wondered about the grey area in California regarding medical marijuna in national parks/federal land.
I was pulled over in Joshua tree a few years back for running the stop sign leaving barker dam. The LEO asked me to get out of my truck, and asked me if I had any "illegal drugs". I told him, no, I didn't have any illegal drugs, which was true, and he asked to search my car. After asking to see a warrant, he told me we could "sit here all night, until he got one" blah blah... I stood my ground and he let me go, following me all the way to the exit.
The next week I called curt saur, who was the park superintendent at the time, and after a few attempts to reach him, he told me that as long as someone wasn't blatantly smoking around other people, and no one was driving while medicated, it was pretty much a moot point. It seemed like it was a "don't ask, don't tell" kind of thing.
Again, sorry you have to go through this, and as stated up thread, I'd ask for an extension and seek the advice of a lawyer. The statement about not being allowed into canda is completely true.
Best of luck.
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bvb
Social climber
flagstaff arizona
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Back around '77 or so I got busted cold with a bunch of first-generation seedless fallbrook homegrown. Cop had never seen anything like it, and and did not believe it was reefer. He let me go and I got to keep the pot!
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Risk
Mountain climber
Olympia, WA
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This all sounds so horrific compared to my $50 citation for such in 1978 whilst OB camping in Curry Orchard in a VW van. $50 was painful for me then, but I sent it in and never looked back. The details are a comical story that have stood the test of time and have never amounted to any consequence whatsoever. If they make a big deal out of this, then crime has dropped to an all-time low and they are really hard up for cases to prosecute. Treat it seriously, but don't overdo it. Lawyer? I wouldn't bother wasting $4,000 at least.
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SalNichols
Big Wall climber
Richmond, CA
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I wad tooled in Yosemite in May of '85 on a failure to appear warrant for a fix it ticket. I worked for the National Security Agency. It caused me no frigging end of grief for nothing more than a missing front license plate. Trust me, plead not guilty, get a lawyer and let her deal with it. Do not take a misdemeanor plea.
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