Encounters with Law Enforcement
The laws and attitudes toward the cannabis plant are ever changing. Currently, in California simple possession of marijuana is an infraction. Still, there are people who will be unfortunate enough to have an unpleasant contact with . From experience here are some suggestions. First off, always be polite. DO NOT GET BELIGERANT. It’s one thing to discuss your rights as an American citizen, and it’s another thing when you act aggressively toward law enforcement. Usually there are three stages to the typical encounter, the first stage is questioning, the second is detained, and the third is arrest.
Questioning Stage
This is where the police are trying to establish certain facts. Like why you are here or where you are going? If you answer at all your explanations should be short and simple—“ I’m going to my friends, I’m here for dinner, etc.” If they continue to ask about things, then at some point you need to decide when you’ve given them enough information. That’s when you start saying things like, “I’m not comfortable answering that question.” Frequently when challenged with non-answers police will say, “Why? Do you have something to hide?” Politely answer, “I have nothing to hide but I want to invoke my right to remain silent.” or something along those lines. At some point you need to ask, “Am I free to go?” Remember, if you do not ask to leave, they can continue to ask you questions. If you are not free to go they must have a reason for detaining you. Once you are not free to go you are at the detained stage.
Detained Stage
This is the stage where you are technically under their custody and cannot leave until they say you can. They can search the outside of your clothes for weapons. They may ask to search your vehicle which you should always refuse. They must detain you for a reason. I think the most frequent reason for reaching this stage is the smell of cannabis, which can lead to other revelations. If you are traveling with some cannabis that is not a quantity which could be reasonably inferred for personal use, you had better have a good reason for transporting it. At this point in the process, most attorneys would advise a client to be polite but refuse to answer any more questions.
Arrest Stage
DO NOT TALK! KEEP YOUR MOUTH SHUT!
Innocent things said by you can be twisted later into Incriminating statements. Do not think you can negotiate your way out. The police are evidence collectors; it is the district attorney who can negotiate with you. You can watch any number of police shows to see how people talk themselves into a jail cell. Get an attorney – those that resist communicating typically end upin the best situation.
In the end, if you should have an encounter, it is up to each individual whether they want to discuss their medical use or condition with law enforcement. Some people have health problems that they feel embarrassed to talk about. Just remember, if charged, under the law you are not required to reveal your health condition in court.