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Humboldt State v. The Compassionate Use Act (Prop 215)

NEW POLICY AT HUMBOLDT STATE UNIVERSITY?

"We do not recognize medical marijuana," says Humboldt State University's Police Department. Yes, Humboldt State is in, and subject to, the laws of the State of California. However, HSU police have a stated policy now that is resting on the premise that because HSU receives federal funding, and federal law maintains marijuana as a Schedule One Drug with no medicinal benefits, they cannot recognize California's Compassionate Use Act on the HSU campus. ( Source: Humboldt State Police Department )

It's almost as if HSU Police Department is taking a page from US Forest Service Law enforcement playbook who will cite you to Federal Court if you possess what is clearly medically approved marijuana in a located that is in California but also on US Forest Land. By contrast however, HSU police officers do not have the jurisdiction to cite you to Federal Court, only State Court.

If the offense is a misdemeanor offense, HSU officers have to send a report to the District Attorney who would decide what charges should be filed. Luckily, even most new District Attorneys will promptly reject filing any such charges because they know they will not win the case at trial.

On the other hand, if filed as an infraction (fine only), the HSU officers can directly file the case to the court. A young or inexperienced person being charged may just walk in to court and be told to just plead guilty and pay a fine without considering the other potential ramifications which can be much more detrimental than being out approximately $500.

A conviction for any drug offense, including marijuana, could lead to the loss of ability to get Federal Loans and grants, the loss of future employment, school sanctions, and more. We are unfortunately being mistreated to another instance where common sense and a law enforcement policy have gone their separate ways. It is yet to be seen how long this perversion of the law can be maintained but it seems that even one conviction or ruining one college student's career is one too many.

DEFENDING THE COLLEGE STUDENTS OF HUMBOLDT COUNTY

Humboldt State University and College of the Redwoods are two of the most beautiful campuses in their respective systems and are backed by some of the top scholastic programs in the State of California.

For students, college can be exciting time for people who are eager for new experiences and opportunities to expand their world and mind. For some it includes risk taking and testing the established views, and laws, of society; for others, falling in with wrong or misguided peers, and for others still it may come down simply to being in the wrong place at the wrong time. Unfortunately, such behavior can find anyone arrested and jailed.

It is often concerned parents that contact our firm trying to locate a criminal defense attorney for their child. Our firm understands that concerned parents are often placed in the position of balancing discipline and responsibility while their child is facing both criminal, and potential school sanctions. We are here to help guide you through the criminal justice system while focusing on your child's short and long term best interests. Our primary goal is to protect your child's future by keeping his/her record clean. In many cases, we have protected students records though advocacy that leads to your child being able to take advantage of pre-charging diversion, pre-trial diversionary programs, deferred entry of judgments (DEJ), reduction of charges to misdemeanors, and expungements.

Our firm has successfully defended and protected the future of hundreds of college students. Similarly we have done the same for Humboldt State University Professors, College of the Redwoods Professors, and their friends and family. Those inside the academic profession turn to us in their time of need to give the high level of representation necessitated by this situation. Come in today for a free consultation to have an honest discussion about your case.

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Law Offices of Benjamin Okin - Eureka Criminal Defense Attorney
Located at 309 O Street Eureka, CA 95501. View Map
Phone: (888) 586-7920 | Local Phone: (707) 502-3124.
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