Open Question: How will North Dakota enforce a misdemeanor conviction sentence on a California resident?

18 November 2008, 7:29 pm

My partner plead guilty to a misdemeanor marijuana paraphernalia possession charge in North Dakota recently. Being a California resident, he returned home after the trial. Now, here in California, he has a legal medical cannabis recommendation, but the judge chose to ignore that fact and sentenced him to a drug test as well as a fine. He's supposed to take this drug test by December 15th, but we haven't gotten any official communication from them and we have no idea how or where it's supposed to happen. My question is this. How exactly is this going to be enforced? Is North Dakota going to send someone out here? Are they going to force him to go back there just for one single pee test after a first misdemeanor conviction with a previously clean record? There were no actual drugs found. It wasn't even proven that the pipe contained cannabis residue. They denied him a lawyer and he plead guilty in panic just wanting to get home. (We're working on contacting the ND Public Defender's office about that part; please just answer the question about the drug test.) Thank you in advance for your time. Personal experiences in this regard (that is, other people who have been convicted for a drug-related misdemeanor in a state other than their own) would be deeply appreciated. I'm aware that legally California's laws don't mean anything in ND, but here in CA, his legal recommendation would in fact make the possession of the pipe legal. Not every cop would choose to respect that, but it's still legal for a person with a legal recommendation. Again, I'm aware that doesn't change the law, but the judge had the power of sentencing. She could have chosen to take that fact into consideration, as well as the fact that no actual drugs were found. She didn't. That's the only reason I mentioned that. I thought I provided a lot of details in an orderly manner, but apparently not. Sorry. If I could afford to hire even the cheapest, least competent lawyer, I wouldn't be making this post. A lawyer is absolutely out of the question right now. Together he and I have about $50 to our name.... Read More »

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