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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9081
Experience:  Since 1983
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Possession of un opened cannabis seeds in mass, MA, Yes

Customer Question

Possession of un opened cannabis seeds in mass
JA: In what state did this occur?
Customer: MA
JA: Have you talked to a lawyer yet?
Customer: Yes brief late nite no ticket or arrest but charging me cultivation??
JA: Anything else you want the lawyer to know before I connect you?
Customer: No prior and def illegal search
Submitted: 1 month ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 1 month ago.

Thank you for your question.

How many seeds were there?

Are you a medical cannabis patient or caregiver? See

http://www.safeaccessnow.org/massachusetts_legal_information

Who took the seeds? Did they take your name or ID?

Customer: replied 1 month ago.
1000 or so was not med legal in mass but in Ca yes and the police took them charging with cultivation no plants from seed in car also searched car cause smell of marijuna which is not supposed allowed as way to do so
Customer: replied 1 month ago.
This happ in mass and oz of flowers taken one dead plant in trash bag
Expert:  N Cal Attorney replied 1 month ago.

Have you been charged with a crime? Can you become a legal patient in Mass? See http://www.safeaccessnow.org/becoming_a_patient_in_massachusetts

Expert:  N Cal Attorney replied 1 month ago.

That page states:

"A valid written certification means a written document signed by your doctor, obtained in a bona fide physician-patient relationship that includes a full examination and discussion of the benefits and potential risks of medical cannabis therapy. The law does not state that the physician must be licensed in Massachusetts.

While the law requires patients to possess a valid registration card in order to be protected from arrest, until the cards are made available, written certification by a physician serves as a legal equivalent to a registration card for a qualifying patient. In order to prevent wrongful arrest, patients may wish to carry a valid government issued ID card with a picture as well as their written certification."

What exactly are you charged with?

Customer: replied 1 month ago.
Said will be summons for cultivation
Expert:  N Cal Attorney replied 1 month ago.

I think you have a valid defense based on medical need.

You can find marijuana awyers in Massachisetts isted here.

Possession of seeds is not cultivation, so I assume it must be based on the one plant you had. But possession of a plant in a bag is also not cultivation without proof that you grew the plant. They probably assumed that you grew it, but their assumption is not evidence.

Please follow up on this with a local attorney, and remember not to speak with the police unless your attorney is present.

I hope this information is helpful.

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