It's stated plain as day. Also thats sort of what you do with articles of incorporation. You tell the state what you are going to do.
good or bad card
- Thread starter Hammerhead
- Start date
It's stated plain as day. Also thats sort of what you do with articles of incorporation. You tell the state what you are going to do.
G
Greyskull
you can be very creative and still tell the truth...
or you can do like FF and plain as day tell the truth, too.
quadracer
Active member
Did you read my post on the earlier page? If a cop thinks that your Dr. recommendation or the state issued ID card has been obtained falsely, they can still arrest you and confiscate anything you have, leaving you to still sort it out through court.
Thanks to the Kha decision, law enforcement has to follow state law. State law makes it clear that the ID cards are optional, and a doctors recommendation provides full protection (as much as it can).
I think thats great I would do the same Honest in your face just like that.
does that mean they can still take you in even with your Doc rec? if so whats then none of them really protect you and thats just wrong. The state cards can be verified from the Police car from what I undrdstand.
does that mean they can still take you in even with your Doc rec? if so whats then none of them really protect you and thats just wrong. The state cards can be verified from the Police car from what I undrdstand.
Cops can do whatever they want. Which is why if they take you in when you are in compliance with the law you turn around and sue them for a civil rights violation. Really with all the budget cutbacks and cops losing their jobs, busting people for weed is the least of their concerns. Also the budget woes mean that governments can't afford to take risks that can lead to lawsuits.
good point I know cali is hurtin big time
Just an FYI that card I posted is not mine it is a card I googled so anyone can see it on the web I blocked out his pic and the id# i just thought it was appropriate to do that
The CA Attorney General issued guidelines in August of '08 to all state LE agencies on how to deal with med marijuana cases. LE contact with patients possessing DHS cards are afforded far more leniency than those possessing only a doc approval.
http://ag.ca.gov/cms_attachments/press/pdfs/n1601_medicalmarijuanaguidelines.pdf
Page 6, item 4 applies to DHS card holders.
Page 7, item 5 applies to doc rec only holders.
The added protections afforded to "hard card" holders is very apparent.
http://ag.ca.gov/cms_attachments/press/pdfs/n1601_medicalmarijuanaguidelines.pdf
Page 6, item 4 applies to DHS card holders.
Page 7, item 5 applies to doc rec only holders.
The added protections afforded to "hard card" holders is very apparent.
Well I have my Rec and my meddicann card here in cali. I now need to decide to get the State card not sure yet.
B
Blue Dot
Wow, that sure sucks for all those who think Jerry's guidelines "are not law" and hence don't mean anything and hold zero weight.
B
Blue Dot
jerry's guidelines, which cops follow even if the public chooses not to, state:
You got it a little backward. If you have a DHS card the cop cannot question the validity of how you obtained your rec because it is the DHS who is the one who originally verifies the validity of your rec by calling the doc and/or getting the paperwork from the doc.
At that point all a cop can do is question whether you are using the card correctly given the circumstances at hand but if the card checks out with the DHS then the cop cannot question whether you obtained it fraudulently or not.
Blue Dot is 100% correct.
I realize many are skeptical (paranoid?) about "registering" with The State. However, the point at which you show a LEO your DHS card is the point at which all the blood drains from his face and he wilts away (assuming no nasty indicia exists). The last thing The Man wants you to have is a DHS card (San Diego being but one example).
I had a local sheriff literally tear up my doc rec in my face while telling me "we don't accept those here", and he was fully within his right to do so. To accept or not accept a doc rec is, as a practical matter, up to the individual officer's judgement. A DHS card is another matter altogether. I strongly encourage people to educate themselves on the merits of obtaining one.
In addition, if 4,000,000 or more Californians were registered MMJ card holders, do you reckon a few politicians would sit up and take notice?
I realize many are skeptical (paranoid?) about "registering" with The State. However, the point at which you show a LEO your DHS card is the point at which all the blood drains from his face and he wilts away (assuming no nasty indicia exists). The last thing The Man wants you to have is a DHS card (San Diego being but one example).
I had a local sheriff literally tear up my doc rec in my face while telling me "we don't accept those here", and he was fully within his right to do so. To accept or not accept a doc rec is, as a practical matter, up to the individual officer's judgement. A DHS card is another matter altogether. I strongly encourage people to educate themselves on the merits of obtaining one.
In addition, if 4,000,000 or more Californians were registered MMJ card holders, do you reckon a few politicians would sit up and take notice?
Can I use my Meddican doc rec to get a county issued card????? I know they wont except my Doc rec from Oregon. I noticed that the Medicann rec does not state what my condition is it only states I have a serious medicial condition.
Hammerhead, yes provided you have valid proof of county residency as well. You simply go to your local health department (check their website for hours of operation and fee for MMJ card). The condition for which you were issued the card is protected information between you and the doc. You never need to divulge that information, even if asked by LE ("that's between me and my doctor, sir").
I recommend downloading the state application form from your local health Dept website or the state website. Fill it out at home - it only asks for your name, address and your doc's name, address and license number (which is on your doc rec).
Take that into your local health dept.
They will take your application, copy your doc rec, check your drivers license (or other proof of residency), take a head-shot picture, and take your money.
When you leave the local health department will call your doc (Medicann) and verify your doc rec. Your doc rec has now been verified by a government agency. They will then email your information (along with your photo) to the State of CA DHS for them to produce your card. They will make your card and send it back to your local health department, where you will pick it up.
As Blue Dot mentioned, with a state "hard card" the validity of your doc rec is never an issue because the government verified it prior to issuing you your state card. This removes the possibility of LE arresting you under the pretense of questioning the validity of your doc rec.
LEO generally HATE being faced with CA DHS MMJ cards as it severely limits their range of actions: Check for quantity compliance, check for guns and meth, have a nice day.
I recommend downloading the state application form from your local health Dept website or the state website. Fill it out at home - it only asks for your name, address and your doc's name, address and license number (which is on your doc rec).
Take that into your local health dept.
They will take your application, copy your doc rec, check your drivers license (or other proof of residency), take a head-shot picture, and take your money.
When you leave the local health department will call your doc (Medicann) and verify your doc rec. Your doc rec has now been verified by a government agency. They will then email your information (along with your photo) to the State of CA DHS for them to produce your card. They will make your card and send it back to your local health department, where you will pick it up.
As Blue Dot mentioned, with a state "hard card" the validity of your doc rec is never an issue because the government verified it prior to issuing you your state card. This removes the possibility of LE arresting you under the pretense of questioning the validity of your doc rec.
LEO generally HATE being faced with CA DHS MMJ cards as it severely limits their range of actions: Check for quantity compliance, check for guns and meth, have a nice day.
quadracer
Active member
Good point.
This section states that officers do have the right not to honor a card if they believe it has been obtained fraudulently, even if it has been verified by DHS.
But I see your point, and the AG guidelines do clarify it a bit. But this section is still valid state law, and the cards they refer to are the cards issued by the state.
Yeah, it is a crappy situation when an officer does that, but legally the doctors recommendation is what qualifies you as a patient, not the ID card. They are supposed to honor both. The police are not doctors, and should treat every recommendation as valid.
But we both know that isn't always the case.
It's a simple matter of LE being able to verify the doc rec. Let's face it, anybody can type up a fake doc rec and scribble a signature on it. Cops have no way of directly and reliably verifying a "doc rec" somebody waves at them on the street. Consequently, they are rightly skeptical when faced with a supposed "doc rec".
With a CA DHS MMJ hard card, however, they know that they can radio in to a state agency and verify the state card, and that the card was issued only after the doc rec was checked out. Pretty simple.
With a CA DHS MMJ hard card, however, they know that they can radio in to a state agency and verify the state card, and that the card was issued only after the doc rec was checked out. Pretty simple.
Thanks for all the info guys. I will go ahead and get it. Filling out the forms now
