Legal to smoke in public? (California)

I'm just going to put your whole argument to rest by clearly stating that I'm NOT going to have a 'fuck you' attitude with a cop, nor 'have a chip on my shoulder'. You're misconstruing my distaste with your guys' handling of this young mans question for my attitude as a whole.

If/when I get busted for smoking in public, I am going to be respectful and courteous and simply state that I have extreme anxiety, to the point that I do not like to be in public, and I was told by my doctor that although smoking in public is not the best idea if I want to completely avoid trouble, that I can legally do so if I need to. If a cop wants to arrest me because of that, then so be it. And I will fight for my rights. And if somehow the FBI/DEA gets involved, I will accept whatever the repercussions are and that will be that. But of course, I will have a small amount of marijuana on me (probably won't smoke in public with more than 3 grams), so what.. the FBI is going to open a federal investigation to fine me over posession of 3 grams?

My point is you guys are completely out of line for getting all of this guys case (along with mine now), and acting as if we're some sort of outlaws or "asses" because we want to exercise our legal rights and medicate in public if necessary. As long as I am courteous & respectful to not only those around me when smoking in public, but also to a law officer if I am approached, I will be fine.

Just like everything in life, there is a smart way, and a stupid way to do things. Having 3 ounces in my car and smoking 1020 feet away from a school "just because I can" would be stupid. Taking a dub or two with me to smoke at the park is not.

Rob

 

"And my god some of you, particularly WildWill, are beyond uptight."

Some of you AND WildWill. Yeah, your posts sure got under my skin the most (which is why I specifically put your name in there) but if my post was specifically directed towards you and only you, it would have said so. But it didn't. I even specifically quoted someone else in my post. Some of my post was for you, some of it was for others. Is this a concept you are still failing to grasp?

Rob

 

Yeah, it is, if you did it in the park across the street from where I live. Why? Because they WILL bust you.

 

Yeah man and I KNOW not to smoke in Arcadia. Just like I know I CAN smoke in Berkley. Again, a smart and a stupid way to do things. I'm not going to go to some random city I'm not familiar with and start toking up just because I can! I get what you people are saying that we have to play it cool because it's still a gray area, but you all are WAY too uptight about it, and leaving NO room for responsibility and 'common sense'. Your form of common sense, quoted from the FIRST reply of this thread, is "don't do it". Which is why I couldn't believe "don't do it" is supposedly what should be the common understanding... despite later finding out it's absolutely legal! In my eyes, the advisement for responsibility, precaution, and an extreme stress on respect towards a law officer if ever confronted should have been the first reply. And therein lies my problem with all your attitudes.

And like I said, even if I do everything I can to be responsible when smoking, and courteous & respectful when confronted with an officer and they STILL arrests me. So be it. I have no problem spending a night in the slammer and going to court to fight my case and ultimately FOR MY RIGHTS. Some people don't like that extra inconvenience in their life.. That's fine. But what's not is getting all over our case for responsibly exercising our legal rights.


Rob

 

Hey man, you said you JUST got your card right?

Well I've had mine for FIVE FUCKING YEARS now.

I think I know a little bit more about being a responsible patient than you do. Considering in the FIVE YEARS that I've had my Medical Recommendation, I've never, EVER been bothered by an LEO because of my smoking. Not once.

So maybe, just maybe I know something a little more about being inconspicious.

Notice I said you would be an ass if you WANTONLY smoked in public - not if you were being cool about it. I agree, it's nice to smoke outdoors, I do so when there aren't a lot of people around, and I can be inconspicious, and where it's legal to do so.

But if there's anyone who's uptight around here, it's you dude...look at your first five posts - attacking people who've been here a long time...makes no sense.

ESPECIALLY if you had read the thread through - and seen the shit that we went through with that other jerkoff.

 

"Responsibly" is the key word here, and I do believe that that is what everyone is talking about here.

You're beginning to qualify what you really mean, which is a good thing. You didn't do that in your first post. That first post was nothing but a "FUCK YOU!", so it would be very safe to assume that you would also carry that same attitude to law enforcement or whoever else gets in your way of your legal right to smoke pot.

It's kinda like the whole "free speech" thing. Just because you're allowed to say whatever in the hell you want to say, doesn't mean that you always should.

btw, most all of the posts in this thread was not aimed at the OP, but rather at the person who is now banned.

 

Finally Southern California gets the picture
From NORML:
NORML Blog » Medical Marijuana Is The Law — Any Questions?

Does this make medical marijuana bans illegal?

 

Sure looks that way, but it may take awhile for certain conservative municipalities to join the herd.

 

The Arcadia police department have said that they WILL arrest you, even if you have a med license, and they will do it for simple possession, let alone smoking in public. I would imagine that there are other municipalities that will do the same as well. Of course, it won't hold up in court, but man, what a pain in the ass.

But hey, I've already said this a whole bunch of times in this thread. You're right, there "shouldn't" be a problem, but nonetheless, there is.

 

The Founding Fathers never intended Federal laws to trump State laws in the first place. The US was hijacked after the Civil War, which marked the beginning of the all powerful Federal Government.*

EDIT:* Slavery was abhorrent, but it was just the public reason given to justify the war. The real issue was State's Rights vs. a growing centralized Fed.

 

http://www.thefreelibrary.com/The+feds+vs.+medical+pot:+One+toke+over+the+line.+(Citing)-a083097657
Supreme Court ruled unanimously that the feds could shut down six California co-ops that were distributing medical marijuana in accordance with state law. Back in 1996, Golden State voters had overwhelmingly passed Proposition 215, allowing patients with a doctor's recommendation to use pot for serious medical conditions such as chronic pain and severe nausea, In effect, the nation's highest court decided that state laws legalizing cannabis for medical se weren't worth a dime bag.

 

lol

Anyways...I really really wish I could say I've had a medical marijuana card for 5 years...or at least could say I've had one

Some people are very lucky and don't know it.

sigh....smoke one for me cause I defentitly won't be

 

Please provide the link to that decision, I'm not familiar with that one.

 

P.S. I have been smoking and growing for 30 years, the laws don't faze me anymore but I stand with all the people that are not as lucky as I am and firmly believe in its use for anyone that's in need of it. I will always be the first to stand up to demand our rights but I am just one old hippy looking for freedom.

 

Glad to see some like minded individuals. Although, I did fly off the handle a little bit in my initial responses... My bad and I apologize if I offended anyone.. Been a stressful couple of weeks and probably was a big part of why I got worked up so easily.. Anyway, I think we all know where each other stand, and that's about as far as I think we'll get....

Just smoked a blunt of some Aghani kush (in my backyard )... Good stuff

Maybe I'll come back around sometime, seems like a cool forum with some good info.

Peace

Rob

 

I looked up your assertation there, what you fail to mention is that the ruling took place in 2000, and since then the laws have completely changed.. The Federal Government under President Obama has made it clear that the DEA raids on MMJ clinics are to stop.

Holder Vows To End Raids On Medical Marijuana Clubs

Also, you pretty much plagarized the original article without citation to the original author. Doesn't make the information any less valid, but you should always cite your sources and quote when appropriate.

 

The recent change in emphasis of the DEA under Obama is actually very dangerous in the long run. Until true reform of Federal laws takes place it's subject to change at the whim of future Presidents.

 

Well, ASSuming that the Obama administration actually allows some scientific studies to be done, if we can get MJ off of Schedule 1 and remove that "no medicinal value" stigma, then the laws HAVE to change, because that's the one sticking point that seems to be denying us full legality.