When You Need A Medical Marijuana Defense Victory
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With Tulsa criminal defense attorney Stephen Cale, you get aggressive representation to fight your medical marijuana-related charge. But isn’t that what you’d expect when looking for the best criminal defense attorney Tulsa has to offer? For your free initial consultation, call the Cale Law Office at 918-277-4800. Attorney Cale has been practicing for 20 years and dedicates his practice to criminal defense. That’s a huge benefit for his clients. Focus and experience matter when your life is on the line. Attorney Stephen Cale fights hard for his clients because he knows that their life, liberty, future, and reputation are at stake.
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In established in case, this appeal falls a conviction for manufacture marijuana. The defendant’s he grew the marijuana. He contends that the child judge erred in refusing to admit his positions authorization for the use of medical marijuana. He also contends that the judge’s refusal to accept his affirmative defense violates his constitutional rights. He obtained a formal written authorization to use medical marijuana the day after police raided his motel but before prosecutors charged him. If you’re facing a charge related to medical marijuana, look for the best criminal defense attorney Tulsa has to offer.
The Washington Court of Criminal Appeals concluded that the defendant satisfy the requirements of the qualifying patient under the medical marijuana act. He present a valid documentation necessary in effect when required. The court therefore reversed his conviction and dismissed the prosecution. Police executed a search warrant on the defense motel. He was not present. So no one could question him about whether he had necessary authorization to use medical marijuana. Police seized 30 for growing marijuana plants. The next day, the defendant obtained a valid authorization from his daughter to use marijuana for medical purposes. The authorization is on an appropriate state form.
If you’ve been charged with a drug related or marijuana related offense, hire the best criminal defense attorney Tulsa has to offer. For free initial consultation, call the Cale law office at 918-277-4800. Schedule your appointment with attorney Stephen Cale. Attorney Cale has been practicing for 20 years. Plus, he’s the right kind of attorney for your case because he dedicates his practice to criminal offense. Focus matters and is a huge benefit.
Stay in the defendant some of the case to the court on stipulated facts. The defendant stipulated that he knowingly manufactured marijuana. He argued, nonetheless, they satisfy the requirements of the medical marijuana act. So, he moved to dismiss the prosecution based on the statutory affirmative defense. The statement to exclude his positions authorization because it came after the raid. Consider looking for the best criminal defense attorney Tulsa has to offer.
The judge agreed that it came to late. He said the authorization was not at the motel at the time the raid. Therefore, the judge refused to admit the authorization. The court then found the defendant guilty of manufacturing a controlled substance, marijuana. On appeal, the defendant argues that he meets the definition of traffic qualifying patient. That requires no documentation under Washington state law. Next, he says that when prompted for his valid documentation, he presented. He says the statute requires no more.
The question presented is a question of law. Specifically, dishes whether the trial judge’s factual findings support his conclusions that the defendant failed to satisfy the requirements of Washington’s medical marijuana act. The one suggested any ambiguity in the statutory scheme. So, the appeals court applied the plain language of the act. If you’ve been charged with an Oklahoma medical marijuana related offense, you need the best criminal defense attorney Tulsa has offer. For free initial consultation, call the Cale law office at 918-277-4800.
The authorization rejected by the trial court satisfies the requirements. Moreover, the state did not challenge the trial court does not challenge here on appeal defendant status as a qualifying patient. States objection the trial court’s decision race in the fact that the authorization came the day after the rape. The buys clearly which, to be a qualifying patient under the medical marijuana act does not require the authorization form. The defendant only has to present the form when asked by the police.
Again, the only issue is whether he satisfy the last requirement. The defendant went to the police station the day after his raid and present the police with a valid authorization. But since we all the law requires. The court’s findings suggest authorization must be posted. However, the Court of Appeals did not find the requirement in the statutes. The previous case, the washed Court of Appeals held that to render defendants marijuana possession legal hundred the law, the defendant needed to obtain and to possess documentation from his personal physician in advance law enforcement questioning his medical use of possession. Statute requires that a qualifying patient present his or her valid documentation to any law enforcement officer who questions the patient regarding his medical use of marijuana.
Whatever charge you are facing, hire the best criminal defense attorney Tulsa has to offer. Attorney Stephen Cale has been practicing for 20 years and dedicates his practice to criminal offense. For free initial consultation, call the Cale law office at 918-277-4800. Attorney Stephen Cale is a skilled and highly rated Tulsa criminal lawyer. Attorney Stephen Cale understands that your life, liberty, reputation, and future are at stake.
The appeals court found nothing the statute requires documentation be posted. He also did not find thing that requires a qualifying patient to obtain the documentation in advance, although that would be a preferable practice. Had the defendant been present on the day of this raid, and been asked to present valid documentation, he would not have been able to do so. Also, he would not have satisfy the requirements of the statute. But that did not happen this case. The best criminal defense attorney Tulsa has to offer will tell you to never talk to the police.