CA law question on cards and drivers license

Discussion in 'Medical Marijuana' started by OldSmokey, Mar 15, 2012.

  1. OldSmokey

    OldSmokey Registered Users

    Hi all,

    I'm from CA, with a card. I was talking with an acquaintence at work about him getting a card for himself and he said he couldn't get a card because he is a commercial driver, as in he drives a company car. He said that he was told by another friend of his that if he was to get a card, DMV would find out and pull his commercial license.

    Has anyone heard anything like this? Or does his other buddy not know what he's talking about?


  2. Midnight Garden

    Midnight Garden Excommunicated

    It's only half true. If he gets a card and the dmv finds out then he probably will get his licensed pulled. But, when you get a card the dmv does not know the first thing about it, there is no computerized reporting system. About the only way for the dmv or the employer to find out is if the employee gets into an accident and then gets drug tested. Employee comes up positive, card or not, commercial license is gone. If I were him I would not get the card.
  3. bigbudztoo

    bigbudztoo growin the good stuff

    MG nailed the answer. Plus, if said company likes random drug tests

    in addition to accident testing, that would be his ass right there.

  4. CCrete

    CCrete Mr. Poopyfacepeepeehead

    the answer is YES its illegal to have marijuana or any type of drug in your system and have a commercial licence and to be operating said vehicle at any time

    theres no way around it, just cuz the job and the dmv dont interface dont make it OK to do what cha want
  5. rasganjah

    rasganjah True Ganjaman

    You can get a doctor's recommendation without getting the state issued card. Doctor's records are confidential and there would be no way that the DMV or his Employer could find out unless of course he was involved in an on the job accident and was drug tested.

    The state issued MMJ card is not mandatory for MMJ patients in CA. It's on a voluntary basis. It will help your standing with a police officer should you ever be questioned or caught carrying MJ on you, since they are trained to recognize the state issued card, but it is NOT mandatory.
  6. CCrete

    CCrete Mr. Poopyfacepeepeehead

    but you have to be a resident correct? or your going to jail?
  7. rasganjah

    rasganjah True Ganjaman

    In order to be a legal MMJ patient in CA you must be a resident of CA and have a recommendation to use MMJ from a licensed physician practicing in CA. The state issued MMJ card is something separate that came later and is not part of the original law passed to allow MMJ in CA in 1996 Prop215 or a.k.a "The Compassionate Use Act". The state issued card is part of a later bill S.B.420 which laid out recommended guidelines for plant numbers and weights for personal possession as a patient in CA under prop215 and it also incorporated an optional state issued MMJ I.D. Card that any MMJ patient with a valid doctor's recommendation can apply for.
  8. ResinRubber

    ResinRubber Civilly disobedient/Mod

    No, but you'd better be a bona fide med user and have an attny who can argue Equal Protection very well.
  9. Hank Chinaski

    Hank Chinaski Ruminating

    If the DMV would never find out about it, why not get the card?

    If you get in an accident while high and they test you, you lose your license card or no card.

    So, get a card and then use responsibly. What's the problem?

  10. ResinRubber

    ResinRubber Civilly disobedient/Mod

    That's kinda the way I look at it Hank. Minimize risk by having the card. At least then you can argue medical necessity if it ever comes to it. No card just looks like a stoner hipping on down the road. Won't get your license back but if you're ever in an accident that has an injury suit it'll matter a fuck of a lot and could minimize any criminal charges too.
  11. choker

    choker HIDING OUT

    Im a new resident to cali. I have my vehicle registered here and insured here. I own a business here. I donot have a California Drivers license. I can't get one. There is a hold on my license in other state. I do have a drivers license fron another state. Can i get a card? How do i prove residency if so?
  12. OldSmokey

    OldSmokey Registered Users

    Thanks so much for your comments. I'm of the opinion that he ought to get a card, especially if he's gonna smoke anyway. I think it's good 'insurance'.

    One thing that I hadn't thought about: Let's say he's pulled over while carrying, and the cop gets to see his license and card at the same time. Is there any legit way DMV might hear about that?

  13. rasganjah

    rasganjah True Ganjaman

    Get a CA I.D. Card at the DMV. It has nothing to do with your driver's license and it is State issued so it will prove residency.

    You guys are missing the point on the card thing. IT IS NOT NECESSARY to have the card and still be a legal MMJ patient. In CA all you need is your Doctor's recommendation to use MMJ. With that you get all the rights and benefits of being a MMJ patient. The only thing the card does is put you on a state list of "registered" MMJ users. If you want your name in a data base with the State government then by all means go get the card.

    Personally I chose to opt out of getting the card. I have zero desire to go onto a list of MMJ users at the capital. At least your Doctor's recommendation is confidential.

    In the event that you end up in court, having the card does nothing to bolster your case.
  14. CCrete

    CCrete Mr. Poopyfacepeepeehead

    That's a wild system......just sounds shady as hell
  15. rasganjah

    rasganjah True Ganjaman

    I agree. That's why I think CA needs to update our MMJ laws to reflect the changes that are taking place. If we modeled ours after CO's example, I think we would be in a better place as far as the industry goes and for the patients.

    Blame the state legislature.

    The voters passed Prop 215 in 1996 legalizing MMJ for any person with a doctor's recommendation to use MJ as medicine for whatever illness the doctor finds that MJ helps his patient.

    Then in 2003 in an effort to make things more difficult for MMJ patients and to try and find a way to keep tabs on and keep in check the MMJ patients in CA the state legislature passed S.B.420 (Senate Bill 420) which laid out the possession and cultivation "guidelines" with plant number limits and carry limits as well as implementing the state issued MMJ I.D. card on a voluntary basis.

    Since then the plant and carry limits have been challenged in the CA Supreme Court and found to be unconstitutional, however the bill remains on the books???

    I choose not to participate in a system that was deemed unconstitutional. I lose nothing by not getting the card and I gain nothing by getting it. So in my eyes it's a stupid broken part of the CA MMJ system and until repealed or ratified I will not participate.

    Yes CC it is shady and that's one of my gripes about MMJ here in CA. :passsit:
  16. ResinRubber

    ResinRubber Civilly disobedient/Mod

    The difference Ras is the need to mount an Equal Protection case if you're ever busted without a card. No card means charges which means court which means an attny which means more $$.

    Kind of cutting off your nose to spite your face when there's a solution that takes out much of the possible hassle.
  17. rasganjah

    rasganjah True Ganjaman

    I live in CA Res, forgive me for disagreeing with you on this one. As a MMJ patient from the state in question I feel I have a grasp on the legalities of my MMJ use and cultivation. The card affords me no additional protection or rights as an MMJ patient. Plus it's part of a Bill that was deemed unconstitutional. How does it make any sense to just go along. If everyone just went along nothing would ever change.

    In a court of law, I have the same exact rights as a patient who has the state issued I.D. card.
  18. ResinRubber

    ResinRubber Civilly disobedient/Mod

    I don't care if you by me.:bong-2:

    You're right that you have the exact same rights with or without a card. But, you said it yourself, "in a court of law". With a card the possibility of having to progress to a court of law to exert that right is lessened.
  19. jr215

    jr215 Caged hippie

    I refuse to get the state card. I have my Dr's rec and from a couple people I've spoken to that have been "busted" by the Sheriff's, as long as they were in compliance with the cultivation and carry limits non of their stuff was seized nor were they fined. Two dispensaries that I went to were raided by the DEA. My name was on file somewhere in both of those places and the feds took everything, so I'm sure they already know who I am. No reason for me to go to Sacramento and say "hi, I'm a pot user. Just wanted to let you know". I thought MJ would be legal soon as governments are seeing a lot of tax revenue coming in, but the economy is slowly improving and showing signs of employment growth so I don't think they're going to be as desperate as they were last year to get more tax money. Where are my blood pressure pills?
  20. Midnight Garden

    Midnight Garden Excommunicated

    There are two different ways to get weed legally here, the state card or a dr's rec. I'd never get the state card because then you are on a state controlled list. Your paper from the dr does not go on any list. As long as you have the dr's rec and are within whatever arbitrary limits your city/county defined then you will be ok if accosted by leo. I know someone that lives in Placerville and grows outside in a shed. Between the ballasts humming and the scrubber going you can hear it from a good distance away. The guys crazy neighbor lady has called the cops on him so many times that they will not even come out anymore when she calls.

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