I received a marijuana ticket in California yesterday and Arnold Shwartzneger just passed SB 1449 but this law doesn’t change until January 1, 2011 and my court date is in December. Can I extend my court date to January?
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Court over marijuana? that sounds insane. you need to move up here to canada!
If the court accepts your delay, but it won’t have an impact on your ticket. You were caught prior to the law going into effect. They’ll look at the law for when you got caught.
Doesn’t matter….
Today, per state law, possession of an ounce of marijuana is legal. Yesterday, it wasn’t. You got your ticket when possession was illegal. You violated the law and the ticket is valid even though what you received the ticket for is legal, among state officials, today.
And, BTW, if a federal DEA agent arrests you for possession of a half-ounce marijuana today, it still be a crime as federal law supersedes state law…
The court will apply the law as it was at the time of the alleged offence. If there have been changes between then and the court date, it will make no difference.
It doesn’t matter when the court date is. It’s when the offense took place. Since you had possession before the law goes into effect, you violated the law.
The court could take into account the fact that the bill was passed and signed, but they are not required to. It’s at the discretion of the judge.