Marijuana Law, Santa Rosa
Thousands of ordinary, decent Californians face criminal charges for victimless marijuana law violations. If you're one of them, let us fight for you! We at the Law Offices of Michael A. Fiumara offer an experienced team of powerful legal professionals who will fight fiercely to protect your freedom, job and reputation. We've handled cases like yours since 1992 - let us stand up for you and your rights!
Advice you should know from a marijuana lawyer:
- Understand your rights and options. See our Criminal Defense page for general advice on dealing with law enforcement and criminal proceedings, including marijuana law.
- Don't attract attention while driving. Many arrests for cannabis possession are due to traffic violations and noise complaints. Exhaust pipe noises and loud radios give the police probable cause to stop or detain you.
- Please do not smoke and drive. If you travel with cannabis, make sure your vehicle is up to code, properly registered and insured, and that your cannabis stays hidden - preferably in the trunk of your car, and sealed to lock in odor.
- Carry your recommendation and medical I.D. card (if you have one) at all times, but do not present either to officers unless they are citing you for a marijuana-related offense. We recommend you carry the original I.D. card in your vehicle, as it may use a special type of paper that does not copy well.
- Do not leave signs of cannabis use or possession in plain view, which may jeopardize your search and seizure rights if police notice them. Do not leave cannabis or grow plants in the open on your property, which police can use to obtain a search warrant if they notice from neighboring land or by aircraft surveillance.
- Try to avoid letting the scent emanate from your person or vehicle. Police cannot enter your home just because they smell cannabis; however, if police or their dogs smell cannabis on you or in your car, they may have probable cause to search.
- If you grow cannabis, do not leave obvious signs in the open such as growing equipment. Do not pass unnecessary information about growing or using medicinal cannabis to others.
- Try not to smoke where others can see you or smell the cannabis. Many people are highly offended by smoke, both from cigarettes and from marijuana! Never leave the cannabis items in plain view, which may subject you to theft and possibly investigation but authorities.
- Do not consent to a search. Do not volunteer information.
- Always keep your medical marijuana paperwork current.
- Know the legal limits in your area and avoid indicia of distribution or sales, including extra plants, firearms, pre-weighed bags, lists of strains and prices, "pay out" or "pay owed" sheets, scales, and any street drugs other than cannabis. If you are arrested for a marijuana-related violation, the police may obtain a warrant and search your property while you're stuck in the arrest process.
- High electric bills alone may not give police probable cause for a search, but officers can view your bills without a warrant. Remember also that stealing electricity for any reason is a felony, and may lead to cannabis-related charges if the police obtain a search warrant for your home.
- Do not dispose of plant material in your trash can for pickup. The garbage on your curb is abandoned property by law, which law enforcement can search without consent or a warrant. Plant material in your trash may give officers probable cause to obtain a search warrant for your home.
Resources:
Do homework - research the legal limits in your county! We recommend ASA and NORML for those who are serious about medical marijuana. Read the legal manuals cover to cover, with no exceptions.
Before you do anything, seek the advice of a medical marijuana lawyer.