marijuana can't i have before you go farther back to question for sure right from the get go they could also see a scale is that right now is correct they say they saw that within the st minute or so yes ok and then as far as that and then i'll get out of your way forgive me but as far as your client help saying that he had a medical marijuana card i'm forming a bat is it uncontested that at least one of those notifications came prior to his arrest yes according to the timing i'm only basically ruling a simple possession is enough to arrest him in march he has three months ago a different panel of this court said those cases are no longer controlling a lot of legislative change so now you have a statute and i think it's very telling she concluded it was a profile stop or not doesn't bar the stop but it certainly affects right judgment but how much credit these officers so that she concluded i'm not convinced by possession of for sale i'm not convinced by child endangerment it was not probable cause to arrest for either  found by that even though the california law has changed california basically used to have all marijuana legal and it has carved out its ninety nine section where it's not illegal and this is one of them if you have a valid id card and he sa happen what i'm trying to get at is you keep saying what amps and of course at the time the officers didn't know exactly what he had but i guess your position is that they had an ounce that is a ball just from their visible observation they should have known was well below the limit but i don't  i'm i'm having trouble hearing you so paul you let me bring my computer a little closer i'm sorry that's ok i just don't want to miss your argument go ahead thank you your all of the marijuana here was in one package you were right he's down on officers and has to make probably yes my understanding i'm not trying to be tricky maybe i didn't phrase it very well but my understanding is your position is that they could see right away in plain view an amount of marijuana they didn't know it was an ounce or not that surely no one was waiting it but that testified one hundred a typical use of marijuana is a half gram and because counseling nothing a different question we know that can can you give me the e r cite her i think it's a photo what is it that they that the judge was look at the district was looking at us as what the officers police report and we later determined at trial with the help of an expert that this is something close to fifty doses with a street value of more than two hundred dollars so i think that in terms of what is a large bag of was in the area to distribute marijuana there was also a child of child on the front seat within arm's reach of the drug and scale and without proper restraints under california without confirmation and not necessarily make a nurse off into a completely different direction your honor in this part it's whether or not collins had a medical marijuana card is actually relevant and the reason i say that is the because of medical marijuana card is not a defense to the sale of marijuana under any version of the law even under prop sixty four prior to prop sixty four which is the land that we're in under the medical marijuana program a that between the officers inferences drawn at the scene and then divine precedent in this court i do think that there was sufficient probable cause for the officers to search the car based on distribution of marijuana and also and if the determination of course we have to look at the totality of circumstances and in a really important circumstances how much marijuana that i would say may perhaps dispositive because there's a scale next to it and so whether that was a large amount of marijuana use or in a large bag use that phrase opposing counsel the amount of marijuana without any sign we're not i'm only using march from the police officers report but if we take that route now the amount of marijuana next to the scale plus other factors that the officers have for them no your honor because i could conceive of a situation where the amount of marijuana is so small that it wouldn't be reasonable for an officer to believe that he was selling and that is the facts o and then immediately when the rule they asked collins will down the windows because they were too dark to see through they immediately see a bag of marijuana next to a scale and also the child in the front seat without proper training and after the added to their probable cause that he was selling marijuana and did not merely possess it for personal use either of those to receive the care of one in the scale or after the arrest call ins finding the amount of money on this person is not a defense even under california state law to two selling marijuana and one point i don't want to respond to a colleague's point about the martinez case which is an unpublished case of this court it probable cause and at best any medical marijuana defense would be an affirmative defense that could be brought later on it does not stop the officer from being able to arrest for even in that case it was talking photo i'm looking at the photo it doesn't look like such a small amount to me you know definitively and i'm not struck that that's a particularly small amount right the district court had a chance to look at there in detail it made its findings at not all of the cali circumstances adds up to probable cause right but it has to be probably call your honor of a crime if it's no crime that a valid card and update are you saying that i appreciate that counsel what do you think it's that what is your strongest argument that i smoke weed i've got a card in my wallet none of the other in the sure that we see all the time for someone who is selling and so i think she was in a position to evaluate those facts and discount what a lot the officer set for various reasons  are clearly erroneous and miss walker has not identified why they're clearly erroneous she could make those calls that's why she came down to simple possession and saying she i q bound by the th circuit precedent which makes a logical argument th at the law has changed then these cases ought not to continue to mine after cutting as the three different college your bench and said so i believe that given the way the district court ruled based on simple possession and that in fact that's not illegal  under california law under these circumstances they did not have probable cause to arrest mr collins or to search his car because of what they saw was certainly not you know with her more marijuana it was plainly smaller they could characterize it what they