FruityBud
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Just how legal is marijuana, anyway? So legal that news of grow house raids and Emerald Triangle busts -- such as the monthlong, federally overseen Operation Full Court Press -- are regular features of the news. In these very web pages, we've recounted tales of numerous legal medical cannabis growers, providers and users who have run afoul of the law only to be vindicated in court -- when money and grows have all been sacrificed.
Partly in response, several of the city's marijuana advocacy groups hosted raid training sessions last week. SF Weekly attended one of these primers for pot purveyors' encounters with cops, and what did we learn? UN Plaza is federal property, nobody wins when there's pot smoke at the bus stop, and the mere smell of smoke can be probable cause.
Oh, and how to sit when someone's pointing an assault rifle at you.
Some other things we learned ....
Carry your medical recommendation at all times:
So you paid good money for that doctor's note, and you suffer from the appropriate ailment which makes you a "seriously ill Californian," according to Proposition 215. Don't leave home without it!
Federal property: Avoid it.
A good place to start is government property, as in, never go there. Ocean Beach might seem like a fine place to light up a spliff, but any park ranger can issue a ticket or haul your stoned *** to jail, because places like that are not San Francisco. It's federal property, and medical marijuana isn't something federal authorities recognize. This goes for the federal building on Golden Gate Avenue as well as the nearby fountain at UN Plaza.
Is smell probable cause?
If San Franciscans called the police every time a waft of burnt cannabis aroused olfactory attention, overworked 911 dispatchers would likely strike. However, scent has proved enough for police to perform searches and judges to sign warrants, according to defense attorney Derek St. Pierre, whose clients learned this the hard way. Do what you can to avoid drawing attention to yourself. Of course, if your situation involves fans, lights and the 24/7 smell of fresh plants consistent with a grow house, you'll need another line of defense.
When the knocks come, don't bother to flush the stash
In other words, don't pull a Karen. If and when law enforcement does come to your door, it had better be a door or entryway you wouldn't mind showing to police. Basically, if they can see rows of plants from your doorstep, you're pooched. If they're there about music, offer to turn it down. If they do mention the presence of cannabis, show your medical paperwork, but don't offer up anything freely.
"Put your cop glasses on for a second," as St. Pierre put it. No police officer can enter your home without a search warrant. But if they do have a warrant, they're probably gonna come in.
Don't talk to strangers
If those strangers are the police, the only reason you should open your mouth is to say: "I do not consent to a search." Sitting on the floor of a grow room in handcuffs is not the time for a conversation with law enforcement. Nor is the telephone call some patients receive when a legal grow that displayed their medical recommendations is raided. Offer up nothing, except those seven words. There are probably other things on your mind as police tear apart your property, but consider it a legally binding alternative to "serenity now."
Don't smoke in the car. Or near buses
Transit and THC do not mix. You can get a DUI for driving while stoned. Nor are bus stops good places to toke up.
The best part of all of this information: You'll probably never have to use it, according to Dean Holter of Green Diamond Consulting.
"In San Francisco," he says, "You're more likely to get robbed than raided." Of course, that doesn't mean every grower should start packing -- unless they want to trigger a weapons charge.
Do not attempt to use this blog post as a defense. Talk to a lawyer like St. Pierre, or visit Americans for Safe Access for more raid defense tips.
Good luck.
hxxp://tinyurl.com/3cj4x8l
Partly in response, several of the city's marijuana advocacy groups hosted raid training sessions last week. SF Weekly attended one of these primers for pot purveyors' encounters with cops, and what did we learn? UN Plaza is federal property, nobody wins when there's pot smoke at the bus stop, and the mere smell of smoke can be probable cause.
Oh, and how to sit when someone's pointing an assault rifle at you.
Some other things we learned ....
Carry your medical recommendation at all times:
So you paid good money for that doctor's note, and you suffer from the appropriate ailment which makes you a "seriously ill Californian," according to Proposition 215. Don't leave home without it!
Federal property: Avoid it.
A good place to start is government property, as in, never go there. Ocean Beach might seem like a fine place to light up a spliff, but any park ranger can issue a ticket or haul your stoned *** to jail, because places like that are not San Francisco. It's federal property, and medical marijuana isn't something federal authorities recognize. This goes for the federal building on Golden Gate Avenue as well as the nearby fountain at UN Plaza.
Is smell probable cause?
If San Franciscans called the police every time a waft of burnt cannabis aroused olfactory attention, overworked 911 dispatchers would likely strike. However, scent has proved enough for police to perform searches and judges to sign warrants, according to defense attorney Derek St. Pierre, whose clients learned this the hard way. Do what you can to avoid drawing attention to yourself. Of course, if your situation involves fans, lights and the 24/7 smell of fresh plants consistent with a grow house, you'll need another line of defense.
When the knocks come, don't bother to flush the stash
In other words, don't pull a Karen. If and when law enforcement does come to your door, it had better be a door or entryway you wouldn't mind showing to police. Basically, if they can see rows of plants from your doorstep, you're pooched. If they're there about music, offer to turn it down. If they do mention the presence of cannabis, show your medical paperwork, but don't offer up anything freely.
"Put your cop glasses on for a second," as St. Pierre put it. No police officer can enter your home without a search warrant. But if they do have a warrant, they're probably gonna come in.
Don't talk to strangers
If those strangers are the police, the only reason you should open your mouth is to say: "I do not consent to a search." Sitting on the floor of a grow room in handcuffs is not the time for a conversation with law enforcement. Nor is the telephone call some patients receive when a legal grow that displayed their medical recommendations is raided. Offer up nothing, except those seven words. There are probably other things on your mind as police tear apart your property, but consider it a legally binding alternative to "serenity now."
Don't smoke in the car. Or near buses
Transit and THC do not mix. You can get a DUI for driving while stoned. Nor are bus stops good places to toke up.
The best part of all of this information: You'll probably never have to use it, according to Dean Holter of Green Diamond Consulting.
"In San Francisco," he says, "You're more likely to get robbed than raided." Of course, that doesn't mean every grower should start packing -- unless they want to trigger a weapons charge.
Do not attempt to use this blog post as a defense. Talk to a lawyer like St. Pierre, or visit Americans for Safe Access for more raid defense tips.
Good luck.
hxxp://tinyurl.com/3cj4x8l
