Dec 06

Q&A: How will North Dakota enforce a misdemeanor conviction sentence on a California resident?

Query by Knife-Smile: How will North Dakota implement a misdemeanor conviction sentence on a California resident?
My associate plead responsible to a misdemeanor cannabis paraphernalia possession charge in North Dakota lately. Getting a California resident, he returned home soon after the demo. Now, listed here in California, he has a lawful health care cannabis recommendation, but the choose chose to overlook that truth and sentenced him to a drug test as nicely as a fine.

He is intended to consider this drug examination by December 15th, but we have not gotten any official interaction from them and we have no concept how or where it really is meant to come about.

My concern is this. How precisely is this heading to be enforced? Is North Dakota heading to send out someone out here? Are they going to drive him to go back there just for a single solitary pee test following a initial misdemeanor conviction with a earlier thoroughly clean report?

There ended up no real medications found. It wasn’t even confirmed that the pipe contained hashish residue. They denied him a law firm and he plead responsible in panic just seeking to get residence. (We’re operating on getting in touch with the ND Community Defender’s workplace about that portion make sure you just reply the query about the drug test.)

Thank you in progress for your time. Private ordeals in this regard (that is, other people who have been convicted for a drug-connected misdemeanor in a condition other than their personal) would be deeply appreciated.
I am aware that lawfully California’s regulations will not suggest anything at all in ND, but right here in CA, his lawful suggestion would in reality make the possession of the pipe authorized. Not each cop would select to regard that, but it’s nevertheless authorized for a individual with a legal suggestion.

Again, I’m mindful that will not modify the regulation, but the choose experienced the power of sentencing. She could have chosen to just take that reality into thought, as nicely as the truth that no real medicines were found. She didn’t. That’s the only purpose I pointed out that.

I believed I presented a lot of specifics in an orderly fashion, but apparently not. Sorry.
If I could pay for to hire even the most inexpensive, minimum qualified attorney, I would not be producing this publish. A attorney is definitely out of the issue proper now. Collectively he and I have about $ fifty to our identify.

Greatest response:

Answer by jakflak
one) “Health-related cannabis” in California means practically nothing in North Dakota. You have to obey the laws of the point out you happen to be in, not the kinds of the point out you’re from.
2) “Healthcare cannabis” does NOT legalize cannabis even in California. Cannabis is unlawful almost everywhere in the US.
three) A misdemeanor warrant in a single point out will not probably end result in an extradition to yet another point out. Even so, an arrest will be waiting for him when he returns.

Give your answer to this question underneath!

2 comments on “Q&A: How will North Dakota enforce a misdemeanor conviction sentence on a California resident?

  1. tbshmkr on said:


    You tell a disjointed story, no details.

    Par 1. Pleaded guilty, sentenced to drug test and fine. Left SD. (California medical cannabis recommendation irrelevant)

    Par. 2. SD Court Order == Test by 15 Dec 08. Does SD know present address? Did SD court order test at a particular address?

    Par 3. My idea == If no test by 15 Dec 2008, a warrant will be issued in SD for your partner. Return to SD, partner could be arrested.

    If warrant sent to CA, partner could be arrested and returned to SD. If bond is high enough, bond agents could retrieve partner, but not likely.

    Get A Lawyer in CA. A lawyer can get all this cleared up with a few properly addressed and worded letters.

    After the guilty plea, the details are unimportant. Your partner has to follow the SD court instructions.

  2. caraphor on said:

    ND doesn’t care about CA. Apples and potatoes.