Is getting my medical marijuana card a defense to a charge?
Let's say that you have been arrested for possession of marijuana or a marijuana related DUI but you weren't a medical marijuana cardholder at the time. If you get your card after your arrest, is that a defense? The answer to that is NO. In order for you to have a "medical marijuana" defense to a possession or DUI charge, you must have been a cardholder at the time of the incident for which you are charged. Getting a medical marijuana card after the fact does not cover you for a date before you got your card. If you were a cardholder at the time, you can possess 2.5 ounces of marijuana as a patient. If you were charged with a DUI related to marijuana, the State can still prosecute you if they can prove you were impaired by marijuana even if you were a cardholder. Contact Curry, Pearson & Wooten to discuss other defenses you may have or if you have any further questions on this issue.
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