Delicino & Vialtsin, LLP is a criminal defense law firm located in San Diego, California. Due to the fact that we are fifteen minutes from the US-Mexican border, many of our clients are charged with marijuana related crimes at the border crossing. These charges may include possession of marijuana, possession with intent to sell, transportation of marijuana, and other.
Many of the defenses to these charges are described in the links above. If you have been pulled over at the border crossing, then the police/DEA must follow specific procedures. The United States Supreme Court has ruled on the constitutionality of border searches. The courts have weighed the privacy rights of the entrants against the government interest. In United States v. Ramsey, the Supreme Court stated that boarder searches without probable cause and without a warrant are nonetheless “reasonable” within the meaning of the Fourth Amendment.
If you are a medical marijuana patient, then you might still have an immunity that has been recognized by various courts in California. Courts have found an implied defense to the transportation of medical marijuana when the “quantity transported and the method, timing and distance of the transportation are reasonably related to the patient’s current medical needs.” (People v. Trippet (1997) 56 Cal.App.4th 1532, 1551.)
If you have been charged with a marijuana related crimes, please call 619-357-6677.
Delicino & Vialtsin, LLP answer general legal questions emailed to us on this blog. Feel free to send us YOUR question by email. Please do not email us confidential or time sensitive information, but call 619-357-6677 The answer suggested here is for general information ONLY and not to be construed as a legal advice. Further, the Q & A does not establish an attorney-client relationship with Delicino & Vialtsin, LLP. Anton Vialtsin Google+