If you are a medical marijuana patient, it is important that you are aware of your rights. There are a number of situations where this knowledge can be very useful.
Know the Law
There are currently 33 states that have legalized marijuana for medicinal use.
These states include:
Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Washington, and West Virginia. Medical marijuana is also legal in Washington D.C.
You will need to keep in mind that each state has specific laws regarding medical marijuana. This means that if you are going to travel to another state, you should familiarize yourself with their laws. These laws are always changing from state to state, so it is a good idea to stay current and do your research.
State Laws vs. Federal Law
While many states in the U.S. have legalized medicinal marijuana, it remains a controlled substance under federal law. Medical marijuana patients can technically still be charged with a crime, but it is highly unlikely.
If you are arrested for possession of marijuana despite having a medical card, you can request that the charges be dropped at your pre-trial hearing. In this case, it is very guaranteed that the charges will be dismissed entirely. There is simply no way for a prosecutor to prove that you were not using the marijuana for a legitimate medical reason.
How to Handle Interactions with Police
If you are approached by a police officer while you are in possession of marijuana, you should refuse any search of your person, vehicle, or home. It is important that you exercise your constitutional right against unlawful search and seizure. While the police officer might end up searching you anyway, verbally refusing will work in your favor.
If the police officer is talking to you casually, ask them if you are being detained. If they say you are not being detained, simply walk away. If they state that you are in fact being detained, ask the officer why. You should ask them to give you the exact law that you are suspected of violating.
If the officer places you under arrest, you should not say anything. Request a lawyer immediately. Talking to the police can only get you into more trouble, even if you haven’t actually broken the law.
What Qualifies as Marijuana?
Pretty much any cannabis products that are sold for medicinal purposes count as marijuana. This includes edibles, concentrated cannabis, waxes, oil tinctures, and hashish.
Where You Can Smoke
The same laws that make it illegal to smoke cigarettes in public places also disallow smoking marijuana. Even states where recreational marijuana is legal require you to be at least 1000 feet from a school or youth center. You will also not be able to smoke in any moving vehicle or even a boat.
Employer Policies
Your employer reserves the right to terminate your employment if you test positive for marijuana, even if you have a medical card.
Growing Marijuana
The laws that pertain to growing cannabis for marijuana patients vary depending on the state and city. You will need to check your local ordinances before growing any cannabis. It is especially important to do this if you are planning on growing more than just one or two plants on your property. You could face serious penalties if you are in violation of your city’s laws/ordinances.
Marijuana DUI
You can be arrested for driving under the influence if an officer suspects that you are operating a motor vehicle while impaired from marijuana usage. As stated above, you should not consent to any searches of your vehicle and remain silent if placed under arrest. Even those who have a medical marijuana card can be arrested for DUI.
The officer who pulls you over will likely request that you perform a field sobriety test to determine if you are okay to drive. You do have the right to refuse the test, but you will be immediately arrested.
If you are arrested for DUI, you will most likely have to submit to a blood or urine test. This test will determine how much THC is in your bloodstream. Make sure that you hire a lawyer if you ever find yourself in this situation.
Keep Your Card with you At All Times
It is a good idea to keep your medical marijuana card with you at all times in your purse or wallet. If you are ever approached by a police officer, you can show them that you have this documentation. It is unlikely that you will get arrested once the officer sees that you are legal marijuana patient.
