June 24, 2015

Transporting Marijuana across International Border

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, andother.

Many of the defenses to these charges are described in the links above. If you have been Tijuana_Mexicopulled 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 causeand 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 arereasonably 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.