I have been prescribed Medical Marijuana for chronic back pain and chronic insomnia. I have no history of any type of crime. Have never been arrested. Have never been in trouble. Have never been associated with drugs.
On 10/26, my mother was in town to visit and she was staying with me. A friend of mine was also at my house. Around 10 pm, my severe back pain kicked in. I had to pick up my mother from the airport right after work that day, so I was not able to medicate as I do every day. My mother has had 3 major Sinus procedures and any sort of smoke or strong odor is like poison for her. I decided to leave the house, medicate and come back. Along with my friend we left the house, drove for a bit trying to find a spot that would be away from residential areas & people. Found a Park which closes at 9 PM so it was technically closed. Found the nearest bench, prepared my medication and finally medicated. Put my pipe and medication aside on the table. As I was talking to my friend, a cop drove by slowly and made a u-turn right away. I had the choice to throw away my pipe and hide the medication but I simply chose not to.
He got to us and asked what we were doing. So with honesty and respect, I explained to him what was going on. Told him I have a prescription and also showed him my medication. He called back up, three more cops showed up. He had one of the officers escort me to my car to grab my Medical Card. Went back to him, he checked my papers and asked how he can find out if my Prescription is not fake! So I calmly and respectfully ***** ***** him that there's a website for that purpose which is for verification.
I then even apologized to all of the officers for dragging them there.
At the end he wrote me a citation for Smoking in public which is an infraction and its totally fair. But then, he also added a second violation for "Loitering for Drug Activities" which is a misdemeanor
! This is the part that I cant accept.
Misdemeanor for what? Medicating? Being honest? Being respectful?
I medicated in public, even though I made sure it was away from people. But loitering?
My arraignment date is tomorrow December 16, at 8 AM. I feel like I need to postpone it and then carefuly go through my options. I have been in this country for 14 years, since I was 12 years old and I have never been in trouble. I don't even drink or do hard drugs. Im self employed, struggling to make ends meet and survive.
I have a small budget for hiring an attorney but I can pay month to month without an issue.
I just don't want anything with the word "Drug" in it to go on my record Just because I was trying to medicate and get rid of my severe pain that I have been dealing with my entire life.
Im not ready to go in front of a judge tomorrow, being totally unaware of the judicial system and process and without an attorney who understands me and my situation.
Can anybody help me?