The California Narcotic Officers Association issued a pamphlet this summer to help officers arrest more medical marijuana patients. It’s difficult to understand why they have such a hard on for busting patients but they do. More on that later. The publication “The Latest Medical Marijuana Case Law” is written by Seth Cimino, a police officer in Citrus Heights. His prejudice is apparent in the article when he uses quotation marks when writing about patients. For example: “The appellate court decisions in these cases have helped narrow the scope of what is “reasonable” involving possession, cultivation and transportation.” Read the full paper here. (notice how the page numbers are treated differently on each page)
Because of the case law that he focuses on, LEO’s are going to try to get you to make statements that will allow them to search you and arrest you. The best advise is to NOT EVER TALK TO POLICE OFFICERS! That being said, it’s really difficult when you know you are not breaking the law and it’s pretty easy to out smart them. Here are some things you need to know to arm yourself should you have an encounter with law enforcement.
Because of People v. Waxler they have found a way to trip you up if you have cannabis in your car. These are the details that they will use to determine what is reasonable:
The main thrust of the paper is “Street Contacts and Interviewing “Qualified” Patients”. With that title and this statement “Remember to ask the right questions to lock these people into their statements.” we can see that they are looking hard to find ways to arrest medical cannabis patients.
Question #1 Who is your doctor?
Question #2 What medical condition do you have that would require you to use medical marijuana?
Question #3 How much marijuana “medicine” do you use a day to relieve your ailments?
Question #5 What time of day do you use?
He quotes an article from the American Medical Association that give us an opportunity to turn it around on them. “Given that medical marijuana is approved for mostly chronic conditions that require long-term dosing, physicians must be aware of the development of tolerance and dependence.” Ok, great. My tolerance after 10 years is so high I need more and more medicine.
This paper is a shocking testament to the fact that law enforcement hates the Compassionate Use Act, doesn’t think the voters have the right to change the law through the initiative process, and isn’t about to enforce the law as most of their citizens want them to. Educate yourself. Don’t share more than necessary if you find yourself in a law enforcement encounter. Donate to a cannabis advocacy non profit today. Cannabis isn’t going to legalize itself and law enforcement wants to force us back into the failed War on Drugs!
C.A.R.E. Executive Director
Susan Soares has written for Cannabis Now Magazine, Alternet, and Sensi Magazine.