Food and Drug Administration (FDA) Disclosure:

The statements in this forum have not been evaluated by the Food and Drug Administration and are generated by non-professional writers. Any products described are not intended to diagnose, treat, cure, or prevent any disease.

Website Disclosure:

This forum contains general information about diet, health and nutrition. The information is not advice and is not a substitute for advice from a healthcare professional.

Can COPS harass a Medical Marijuana patient like this?

Discussion in 'Medical Marijuana Usage and Applications' started by dreamer101, May 22, 2010.

  1. #1 dreamer101, May 22, 2010
    Last edited by a moderator: May 22, 2010
    I have a situation I want to explain to you guys and maybe you guys can tell me what I should do. I was parked on a public sidewalk waiting for my girlfriend to come out of her house. A police officer with all his lights turned off came and parked behind me and came up to my car. He proceeded to ask me what I was doing parked here and said I smell like marijuana and he asked if I had drugs or weapons.

    I told him I have medical marijuana and a pocket knife on my key chain. So told me to get out of the car and he proceeded to give me a body search. Then he searched my car without even asking me. He took my pocket knife with him and he didn't even tell me why or at the end didn't remind me of my knife he took. I literally had .1 or .2 left from my 1 gram bottle. He told me I need a state ID and my card really doesn't count. He told me either I can toss this marijuana on the ground and you can step on it or I give you a citation. I took the weed and dumped it then both the cops left. Is this all legal?

    I am from the State of California in the Arcadia, CA district

    Thank you.

  2. I know nothing of MMJ but I'm pretty sure only Feds can fuck you. I don't think local cops can but then again, My retarded ass state doesn't have MMJ so I would exactly know. I'd say it's worth checking into.

    Also, try using the search tab to search for other stuff pretaining to the subject you posted. I'm sure someone has had the same thing happen to them and their thread might have an answer.
  3. #4 LoveOfTheNug, May 22, 2010
    Last edited by a moderator: May 22, 2010
    Ok I am a medical patient in California and I will tell you based on my experiences.
    You are required to carry your paperwork on you at all times and you must present it to a cop if he finds weed. If you have your cannabis card they will still charge you, don't have your paperwork.
    I was pulled over one time and the guy I was with was on a three way search and seizure so I had to submit to a search of my vehicle. Inside they found twenty grams and a scale.
    I showed the cop my paperwork and watched hiw jaw drop. his exact words. "Well thats bullshit as far as Im concerned." while he said that he put my bud and scale back in my console. I was relieved. That would have been posession w/ attempt to distribute. So my medical MMj paperwork (not card) payed for itself in one day. :D

    Yes what they did was legal.... I have had cops make me stamp out my weed like that before too. One time they also made me smash my pipe. Hella funny cuz as soon as they left I went back and picked up my smashed bud outtta the gutter and got lit.
  4. You don't need the state card, you just need doctor's recommendation. No, they should not have done that. The state card is not mandatory.

    They shouldn't have searched your car, either. Since you didn't give them permission, and they had no probable cause to search the car, the search sounds illegal to me as well. Unless they were trying to use the smell of marijuana for PC, but since you had the recommendation that shouldn't be an issue.

    Sorry that happened to you. If you feel strongly enough I'd suggest pursuing legal action.
  5. A one time incident is not harrassment. For harrassment the plaintiff needs to show a pattern of abuses. He's just doing his job.
  6. No, they can not harass them like that. However they can "harass" you. But that can't do shit if you have your recomendation and know your rights
  7. That's one of the problems with MedMJ laws in Cali, they vary from county to county sooooooooo much! Some require a State card, while some don't:confused:
  8. Yeah, I'm in orange county and they are soo different from LA. In LA you can basically puff in front of cops and you won't get harassed. Over here some cops get soo bored(and they're more socially conservative) they just start harassing you for under 1oz possessions
  9. pigs can kind of do whatever the fuck they want regardless of your "rights"
  10. Actually, that's incorrect. The State ID Card is 100% voluntary EVERYWHERE in the state. What the LEO did was in no way legal. You should have accepted the citation because it would have been tossed immediately in court, you wouldn't have even needed a lawyer. As long as your recommendation was valid and could be verified at the time of the court date, the court HAS to accept it as valid. You could have even gotten your meds back. YES it's a pain, but it's the law.

    The LEO overstepped his bounds. However, IF you had the State ID card, he would have been forced to leave you alone. That is the advantage of the State ID card, that it's the only form of ID that once verified the LEO MUST leave alone. It is legal for them to issue the citation without verifying your doctor issued paperwork, however, as I previously said, it would have been tossed in court.

    But because you didn't know your rights he was able to trample over them. I HIGHLY recommend hitting up Bruce Margolin's website and downloading his free legal guide to MMJ.

    Also - individual cities and counties only have jurisdiction on the distribution of MMJ, they cannot make arbitrary laws regarding the validity of an individual recommendation nor can they have laws that contradict the laws of the state.
  11. That's fucked up, as well as the link posted.

    Wish I could give some insight...
  12. The officer was within his bounds up to the point he made you dump your meds. He had probable cause to search because he smelled marijuana and marijuana is still illegal in CA.

    Since you dont have a state MMJ ID, he should have either attempted to verify your rec (that is a nonbinding AG 2008 recommendation most cops wont follow) or wrote you a citation and/or seized the medicine. Obviously it was within his discretion to not be a prick also, but he was not so inclined.

    With "only" a rec, police can still treat it as an illegal substance, as has been stated and you would need to present your case to the court.

    You shouldnt have dumped your meds. You gained nothing by dumping them. You could have gotten them back and easily defeated this citation.
  13. so basically they just made u their bitch
  14. Something similar happened to me except the cops took a half oz of weed, my scale and grinder, but left me my bubbler. I presented by recommendation but he said i needed the state id card and even searched my text messages and brought in a dog inside my car. I didn't really know all my rights at the time so there was nothing i could do, but Im about to go to court this week or next to try and fight the citation. cops are assholes

    i posted a thread a while ago:
  15. This is valid information. You can verify it with your dr. If you are referring to the plastic id card, the officer is correct, it doesnt really matter. You need to carry your paper recommendation on you at all times. If you would have had your original rec. You could have refused search of your vehicle and your person. You are allowed to carry marijuana in your vehicle but you are not allowed to smoke it in your vehicle or any public place. Know your medical marijuana rights by talking to the dispensaries and your medical marijuana doctor. You can also contact a lawyer that deals with prop 215 and they will be able to give you all the legal information about the laws of medical marijuana.
  16. You do not need a state ID card. Your recommendation is plenty. All statutes in SB420 apply to ID card holders AND "Qualified Patients", defined as a patient with a recommendation and no card. A medicann card is technically not sufficient replacement for your recommendation, but it's well-known enough that most cops who aren't dumb will accept it. They don't want to end up in court looking dumb when you produce your recommendation.

    Don't roll over for cops. They always do things that are not legal. Searching your car without asking or even making you step out of the car at all in the situation you described is not remotely legal. You should have been asked for your recommendation/ID card first.

    My general advice for cops is know your rights and call them on it when they're doing something that violates them, or claim/do something that isn't true/wouldn't hold in court. They will scamper away very quickly when they realize you actually know your rights and intend to use them.
  17. If you don't have your MMJ card or never have, what are you doing posting on this thread topic????

    You have to make sure you research the CALIFORNIA MMJ doctors list, and make sure your physician is legal in prescribing it, not that Dr. Assad shit. hahah

  18. True. Oh, so true....
  19. eh If you know your rights 100% and prepare you can fuck with them

Share This Page