As Riverside County medical marijuana criminal defense attorneys, we were interested to read an article about a medical marijuana arrest up north. According to an Aug. 11 article from the Marin Independent Journal, a woman from Mountain View is facing multiple drug charges after a traffic stop at which police found nearly three pounds of marijuana in her car. The California Highway Patrol says Sloopy Clarice Barreau was pulled over after officers spotted her weaving on the highway in San Rafael. Inside the vehicle, they smelled a strong odor of marijuana and searched the car. She said she is a medical marijuana provider but had documentation allowing only personal use.
According to the article, officers saw Barreau's vehicle on 101 north near North San Pedro Road early on the morning of Aug. 8. They say she was weaving, but there are no allegations that she was driving under the influence. Rather, the officers smelled marijuana and searched her vehicle, finding 1,200 grams of marijuana -- nearly three pounds -- along with packaging materials, marijuana seeds and photographs of a grow operation. She told officers that she was a medical marijuana provider trying to sell to dispensaries, but did not have documentation showing this. During the arrest, officers said, she was combative and charged at them. She has pleaded not guilty to resisting arrest, transportation of marijuana and possession of marijuana for sale, and will appear in court Aug. 17.
Our Placentia medical marijuana criminal defense lawyers do not recommend that clients fight officers, because this can result in additional charges like Barreau's resisting arrest charge. In fact, this account suggests Barreau's actions could complicate her defense -- but that doesn't mean her case is hopeless. If she is indeed a legal medical marijuana provider, she should be able to prove it in court using the proper documentation. In a fair court, this should result in dropping the two felony charges -- the transportation and possession for sale charges, which carry a combined total of up to seven years in prison. It should not in itself result in dropping of the resisting arrest charge, but this is a misdemeanor with no prison time. It's also possible that Barreau truly was attempting to sell to medical marijuana dispensaries, but without the proper documentation. This is not a good idea, but failure to follow bureaucratic procedures is not the same as selling illegal street drugs, and an experienced attorney should be able to make that case to a jury.
Howard Law, P.C. represents clients who are facing criminal charges in California for their legal use, sale or possession of medical marijuana. As medical marijuana advocates know, some people in authority just don't like medical marijuana, even when it's clear that everything is being done according to the law. Our Oceanside medical marijuana criminal defense attorneys believe this is why so many California cities have passed rules strictly limiting or banning medical marijuana dispensaries, and we also believe this can lead to wrongful arrests by officers who substitute their own judgment for state law. When our clients are arrested for medical marijuana activities they have every right to perform, we argue aggressively for their freedom, in negotiations with prosecutors and if necessary, in court. We also defend clients in cases where a user overstepped the law out of ignorance or inattention, including DUIs with marijuana.
If you're charged with a crime related to medical marijuana, please don't hesitate before calling Howard Law, P.C. for help. To set up a free consultation, you can reach us online or call 1-800-872-5925.
