# Medical Marijuana And Cops! Got A Few Questions



## AMovieVillain (Dec 3, 2008)

Hey guys,

I have had my medical marijuana card for about 7 months now and havent been caught smoking yet (knock on wood) anyway just a few questions i need answered. I usually smoke in my car, which my car stinks and I do it in parking lots mostly (movie theatres, shopping malls, etc) I live in Hollywood, CA, just in case it helps.

1. If I'am smoking in a parking lot and have a medical marijuana card, what will the cop most likely do if he/she catches me smoking? Can he arrest me? Even though i am parked with my car off and have about lets say 2 grams on me with a pipe.

2. What if i am driving and a cop pulls me over and i had been smoking about 10-20 minutes before, what will he/she do, give me a field test? Also My car really smells like weed too, does this give him probable cause to search my entire car?


Just want to know what i might get into, like the worst case scenario. Even though i have a medical marijuana card, with no criminal record whatsoever (I am 22 years old, only have had 1 speeding ticket)


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## tesla (Dec 3, 2008)

Not sure about question one but question 2 I would think you would get a DUI (Driving under the influence)Even if you were prescribed xanax or Oxy's you can be arrested if your driving.


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## Hick (Dec 3, 2008)

I believe that in each scenario above, it would likely be at the officers descretion. ANY one of them 'could' get you arrested. If it would result in a conviction, or even be prosecuted is a totally different question. 
  I do know this. Driving while medicated is a punishable violation.


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## MARY-JANE (Dec 3, 2008)

I have a card too, and you are only able to medicate your self in private no smoking in your car in traffic for that is not in the privates of your own home. All I can say is be careful and read your rule book carefully for their is a lot of loop holes in it. Know your law, not everyone Else's for you could loose your card.


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## AMovieVillain (Dec 4, 2008)

Lets say the officer pulls me over and nothing is visible, but he says your car smells like marijuana, is that probable cause to search my car? Cant he do this to everyone? Just lie and say "ya, your car smells like marijuana, i get to search you now"


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## cadlakmike1 (Dec 4, 2008)

The odor of a controlled substance is grounds for search. Also, it is illegal to drive under the influence of Marijuana with or without a prescription, as is the case with most other prescriptions. 

My question to you is why risk it? The last thing you need is to get yourself in trouble and bring bad publicity onto MMJ(medical marijuana). Be sure to read your rule book thoroughly and be a leader, follow all the rules. If things continue to go smoothly and people continue to follow the rules it will allow MMJ to spread to other states and hopefully someday decriminalization, and then maybe legalization.


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## Dewayne (Dec 4, 2008)

One big factor with riding with marijuana in a car and having anything burnt, pre rolled joint, pipe, bong....anything burn they can say well you were smoking while driving. the only way to avoid an automatic DUI when having marijuana on you _usually_ is to have the marijuana in your trunk, or have enough for about a joint and a rolling paper in the same bag and only that ammount. It really is all based on the descretion of the officer. 

also as above i really wouldn't risk it because if i could smoke in my house legally and grow in my house legally i'd be VERY happy and cooperative with the rules for such a privelage. 

i know if you do get arrested, the only thing that could happen though is a DUI and at court you'd show them your perscription and they'd probably warn you about the rules and put your medical card on the line.

happy smoking
Dewayne


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## Wiseguy_Chef (Dec 4, 2008)

the supream cort just ruled that smelling marijuana is not proable cause to serch a car. but can u get arested. yes. if they find the herb in your car, if u got your card they can't do nothing, enless u have one burning in the ash tray. an yes u will get a DUI if it is blanly ovies u are high, catch is. they can't prove it. as u will most surly have it in your system. an be leagle to use it. theres no test that can tell a jury or a juge at what times did u smoke.


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## Hick (Dec 4, 2008)

Wiseguy_Chef said:
			
		

> the supream cort just ruled that smelling marijuana is not proable cause to serch a car. but can u get arested. yes. if they find the herb in your car, if u got your card they can't do nothing, enless u have one burning in the ash tray. an yes u will get a DUI if it is blanly ovies u are high, catch is. they can't prove it. as u will most surly have it in your system. an be leagle to use it. theres no test that can tell a jury or a juge at what times did u smoke.


  All they need is an excuse to detain you until the dog arrives. A dog "hitting" on the car will result in a search, "no doubt".  You are going to have to pass a feild sobriety test with "flying" colors. You ever tried to pass on of those, even cold sober?  
  As others have said, "read the rules"... and abide by them. DIUD for MMJ is nothing less than another 'black eye" for users.


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## NorCalHal (Dec 4, 2008)

Cmon meow.

If LEO catches u in your car tokin, or even smelling it, here is what will happen,
You will get field tested for DUI. They will search your car, and occupants.
If LEO feels you are under the influence, you will go to jail for DUI.

As far as your herb, if you go to jail for DUI, he will take your herb, you will not get CHARGED, but he will take it.

Your medical card is not to big a help with anything under an oz. In the state of Cali, anything under an OZ is an infraction, and as long as you have proper ID, it is a ticket with a max fine of $100. If you have your card, no ticket/no fine and u keep your herb. Either way, no jail.

They will nail u to the wall if they catch u tokin in your car. And as stated, it is really dependent on that particular LEO.


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## AMovieVillain (Dec 4, 2008)

I appreciate all the great responses guys, just one more thing, a scenario,

Lets say I had been smoking about 20-30 minutes before being pulled over and i put my 2 grams and my pipe in my trunk, and a cop pulls me over and asks if i'am under the influence of marijuana, what would you do at that moment? tell him that you were smoking in the car earlier waiting for a movie to start? Earlier, meaning 3 hours before getting caught, and you have the movie ticket to prove it. Should you even mention to him that you were smoking earlier? Doesnt that give him reason to search the car at that moment? Whats the best and safest way out of this situation, dont forget my car does smell like weed.

reason i smoke in my car is because i live with my parents, so cant really do it anywhere else.


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## cadlakmike1 (Dec 4, 2008)

Not to be rude but wasn't this scenario covered already?


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## AMovieVillain (Dec 4, 2008)

Most of it was covered, I just want a response on how you guys would approach that situation. This whole DWI thing is starting to make me paranoid, lol. I just want a clear answer on what your response to the officer would be, because you know he's going to ask you these questions once he pulls you over, i dont want to say the wrong thing and end up screwing myself. Such as if he asks, have you been recently smoking? even though that was 3 hours ago in the car, should i answer yes or no or tell him that i was smoking when i went to watch a movie but that was hours ago? Im just worried about the questioning, dont want to get burned for lying when he asks have you been smoking and i say no, and when im in court lets say, i tell him i had been smoking hours earlier, get it? Just step by step instructions on how to deal with that situation.


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## Hick (Dec 4, 2008)

...:confused2:.. you are a medical marijuana patient, that lives with unapproving parents?..
,


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