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smelling like weed illegal?

Discussion in 'Apprentice Marijuana Consumption' started by mos_def, May 15, 2010.

  1. i heard someone say that on the forums but i don't really believe it.
    so if you smell like weed while walking but have no weed in your possesion, that's illegal?

  2. Nope.

    It's not illegal to:
    a) Smell like weed
    b) Look like weed
    c) Taste like weed
    d) Be high

    It is illegal to:
    a) Have weed

    Hope this helps.
  3. It's not illegal to smell like weed but it gives some cops reason to search or test you for it.
  4. I was recently arrested for smelling like weed. I didn't have any on my body, but there was some in the car. I'm now facing my license being suspended for 2 years.

    I got pulled over, and the cop just tells me to step out of the car because I was being arrested for smelling like burnt marijuana. So I can tell you from firsthand experience that, yes, you can in fact get arrested. A can of axe spray could've solved the whole problem.

  5. I am 100% sure it is NOT illegal to smell like weed. What backwards state are you in? I'm not saying you're lying, I'm saying the cop lied to you by telling you that.

    Yeah, if you smell like weed the cop will be more likely to search you and stuff...but if they dont find anything you cant get in trouble. You most likely got arrested because you had weed in the car.

  6. I live in New Jersey. He searched my car after I was in cuffs. Now that I think about it, he really didn't have a good reason to search my car either. Hopefully it'll get turned over in court.

  7. cop was just bullshitting you, pretty sure however smelling like weed + the reason why you got pulled over in the first place (swerving) is a probably cause and then they have permission to search the car.

    You need to ask whether you are being detained or not...

  8. Hahahaha That just made my day.

    No, I don't think its possible to get arrested for smelling like weed, I get scents of people in my school smelling like it, they never get in trouble. :p
    • Like Like x 1
  9. its not illegal to smell like weed but if your in a car and a cop pulls you over and he smells weed it is reasonable suspicion to search your car.

  10. In most states if a cop SAYS he smells weed on you (whether he really does or not) it gives him the right to search you/the car.

    Your best bet in court would be to argue the fact that he cuffed you BEFORE he found anything. Did he say you were arrested before searching the car? If so then it'll almost definitely get thrown out.
  11. #11 sinsemillaplease, May 15, 2010
    Last edited by a moderator: May 15, 2010
    There are things you're overlooking, things you weren't told and things your were told that were not true. You were not arrested for smelling like weed. That is impossible. They have to list current statute on your arrest paperwork. There is no current statute declaring the smell of weed to be an arrestable offense.

    Smelling like weed is probable cause for a search of your vehicle. The only way to get any of it overturned is to argue successfully that the cop had no legitimate reason to stop your car and detain you for the search.

    I've been in this situation before. The second thing out of the cop's mouth after "license and registration" was that he smelled marijuana and would be conducting a search. The proper response is "No, sir. I do not consent to any searches." He'll tell you that you have no choice because he has probable cause. After that you comply with his demands but making sure that every time he asks for consent or help you tell him no. This doesn't mean you're gonna get off free... it just protects you in court if you have reason to argue that the search was illegal.
  12. You can certainly be detained for smelling like weed, but unless you have possession of it you can't be arrested.
  13. It is illegal to: Drive High, Possess Marajuna, or Possess Marajuna paraphenlia. You can walk into a police station after smoking 5 blunts and they couldn't do shit except search you.
  14. if you bang like reefer, expect to be searched, but other than that as long as you did your business and its all gone, let the good times roll
  15. im in 12 grade rite now when i got caught i was in 8th grade to be honest if you smell like weed but they find nothing on you when they search you will be expelled and drug councelling:( i am not lying true story,first offence

  16. dudeeee. tomorrow imma get baked off my ass and just walk into the police place and be all like 'im so fucking bakedd man, anybody got any weeed?"
  17. If they can smell it, they have reason to believe you have some in you possession.
    That means they will most likely search you and if you ur drving they will search ur car aswell.
    Otherwise, if they cant find any, they cant do shit
  18. best. post. ever.

    i want to do all of the above.
  19. i agree with everything except d) Be High you can get a public intoxication ticket its only a misdemeanor but still its illegal if your driving high you can get a dui

  20. Thats a school policy and has nothing to do with actual law. They can do whatever they want.

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