[ASA Field]

I thought I'd post these, since I never had, and I realize that these questions come up a lot in WT threads. I'll continue to post the new tips monthly. I'll also begin posting links to PDFs so you can print these out and help distribute them. If you have a legal question you'd like to see answered in these tips, PM me.

September ASA Legal Tip of the Month:
Staying Safe While Transporting Medicine

If you are a patient or caregiver, transporting your medical marijuana is fully legal. Legislation passed in 2003 (SB 420) explicitly protects transportation of medical marijuana. However, some conditions apply. For instance, police have probable cause to cite or arrest you if they find more than what state or local guidelines allow. You will then have to defend yourself in court. Sometimes, police will even charge you if you possess no more than that allowed the state guidelines.

Therefore, if you are stopped while driving, it is important to do the following:

1. Do not consent to a search
2. Assert your right to remain silent and DO NOT provide unsolicited information about your possession or consumption of marijuana
3. Provide documentation if marijuana is found by police
4. ALWAYS travel with your medical marijuana securely locked in the trunk.


October ASA Legal Tip of the Month:
Guns and Medical Marijuana

If at all possible, always avoid growing or storing medical marijuana in the same structure or in the vicinity of where firearms are kept. If charged with medical marijuana possession or sales, it can often be a challenge to defend oneself. However, if you add guns to the mix, the stakes are significantly increased.

Typically, if firearms are found at the scene of a criminal investigation, and if someone is charged and eventually convicted, their sentence can be dramatically increased. If someone is convicted under federal law of charges involving medical marijuana, and it can be shown that a gun was merely present during the "crime," the sentence will be a minimum of 5 years. If a gun is brandished during a federal "crime" related to medical marijuana, the sentence will be a minimum of 7 years, and if a gun is discharged, the sentence will be a minimum of 10 years.

ASA strongly advises that if you are a medical marijuana patient or provider, do not carry or keep firearms on your property or in your vehicle.


November ASA Legal Tip of the Month:
Police Need Probable Cause to Search You, Your Vehicle, or Your Home

Reasonable suspicion is not enough to allow police to search you, your vehicle, or your home. Police must have probable cause. In other words, law enforcement must, at least in theory, produce a search warrant or have some evidence of a criminal act occurring. If police ignore this standard before requesting or threatening a search, there are still things you can do.

1. You should not consent to a search unless the police have a search warrant or your safety is in jeopardy. It is important to state clearly: "I do not consent to this search." If you can avoid a search, you can avoid potential criminal charges. Even if a warrant is produced or you are being threatened by police, you can and should state "I do not consent to this search," while allowing the police to proceed.

2. If you are detained as a result of a search, whether lawful or unlawful, you should refrain from talking to the police other than providing your name and possibly your address. It is important to state clearly: "I am going to remain silent. I want to see a lawyer." Remember, you have every right to remain silent until you can talk to an attorney, and anything you say to police can and likely will be used against you if you're charged with a crime.



January ASA Legal Tip of the Month:
State ID Card Provides Greater Protection for Patients & Caregivers

Proposition 215 provides qualified patients and their caregivers with an affirmative defense in court if cited or arrested for medical marijuana possession, transportation and cultivation. In 2003, the California legislature passed SB 420, the Medical Marijuana Program Act, requiring all counties to implement a voluntary ID card system, which provides cardholding patients and caregivers greater protection. Health & Safety Code Section 11362.775 explains that patients possessing state-issued ID cards are exempted from prosecution as long as their possession or cultivation amounts do not exceed state or local guidelines.

While there are clear benefits from obtaining a state-issued ID card, there are also some other issues to consider. For instance, as of January 2007, only 24 of California’s 58 counties (less than half) had implemented ID card programs.

Patient confidentiality and retention of patient records is also a concern for participants in the ID card program. While the California Department of Health Services (DHS), the administrator of the program, only requires counties to send in a photo and card expiration date, counties are allowed to keep records on applicants for as long as they deem necessary. Visit the ASA web site for information on how to lobby your local ID card program to ensure the protection of patient confidentiality: www.AmericansForSafeAccess.org/CAIDCard



February ASA Legal Tip of the Month:
Are Patients Protected Outside of the Medical Marijuana State in Which They Reside?

The answer to this question may surprise many patients. Even though patients may reside and benefit from protections in any of the 11 states where marijuana is legal for medical use, patients cannot leave their state of residency and expect the same protections in other legal states. For instance, if a California patient flew to Nevada (both legal states), and was cited by local law enforcement for possession of medical marijuana, the same protections provided in California to that patient would not be available to her in Nevada.
A recommendation signed by a California physician is only good in California courts.
The same goes for all other states except Montana. The medical marijuana law in Montana allows for reciprocity with other states. In other words, if a medical marijuana patient from any legal state travels to Montana, she should be able to invoke her rights as a patient even though she doesn’t possess a recommendation from a Montana physician.

While you shouldn't expect other states to observe your patient status (from your home state), you may be able to utilize a "medical necessity" defense in court if cited or arrested in that other state. Depending on the state in which you get cited or arrested, you may or may not be able to mount a "medical necessity" defense, but you should inquire with ASA or your attorney in order to make that determination.

[DSW90049]

Read, re-read, memorize and read again.
I cannot say enough what good work the ASA people are doing for the MMJ world. Join/donate/buy a t-shirt.
Support lawyers who are working to make this better!!

[firemonkey]

ASA is fabulous. They do so much for all of us. The information provided is important, and when you become a member, you get so much more! Thank you for all you do ASA!

Very helpful.. It should be posted in every club.

Keep it updated!

Much Love to all ASA members.....

Everyone Be Safe!

Laytonville420

[SativaMan]

Thanks ASA for these Great Tips. Personally I've always stood up for my Rights and the Time I was asked if they (LAPD) could search me & my car for a Speeding Ticket and I SAID NO ,Even Though I had Nothing on me or in my car, The Cop first acted Tough and talked alot of crap.He then checked my DL, REG & Insurance wrote me a Ticket and I was on my Way. Always Always Remember What ASA has Stated. WE Have Rights.Even if you Have Not Done Anything or God Forbid Did do something, Always Assert Your Rights.1) No I Do Not Consent To a Search and if Arrested,2) Never Ever Say anything Except I Want A Lawyer.:smile2:

[talkswithtrees]

so what about protection from theives, and criminals??no guns huh sounds good though

[Trent]

Hi, I am new

Great tips

[Cookiemonsta_SBC]

Great tips!
Love and Support!
Thanks alot but i have one question to ask. I read that you should leave the medicines in the trunk is this required? or is it definite to put it in the trunk?

[ssh]

Originally Posted by ASA Field

November ASA Legal Tip of the Month:
Police Need Probable Cause to Search You, Your Vehicle, or Your Home

I thought in cali a few years ago they lowered the standard to reasonable suspicion to search a vehicle. This does not apply to a house, just a vehicle.
It may have something to do with just reasonable suspicion to call in a dog search as opposed to PC to call in a dog, I can't remember.

[talkswithtrees]

ya how does herb in tha trunk make it safer, than like my backpack?

[weedtracker]

Originally Posted by talkswithtrees

ya how does herb in tha trunk make it safer, than like my backpack?

im going to say it has something to do with probable cause. if its in your or pocket or backpack in the back seat stinking up the car, the man can say 'oh i smell marijuana in that backpack, better search the car.' but if its in the trunk, they most likely wont be able to smell it or see it, so they wont search and you wont get busted.

Originally Posted by weedtracker

im going to say it has something to do with probable cause. if its in your or pocket or backpack in the back seat stinking up the car, the man can say 'oh i smell marijuana in that backpack, better search the car.' but if its in the trunk, they most likely wont be able to smell it or see it, so they wont search and you wont get busted.

Testify!

Could not have said it better myself.

[veggiegardener]

Do yourselves a favor and buy a box of oven roasting bags. About $3 for 5 of them.

The odor can't penetrate them. A dog *might* get a whiff but no human will be able to smell your meds.

The bags are tough and will last for a while.

I knew about the bags for years before I began using them.

I left an oz in my trunk on a warm day for an hour or so, in the usual zip lock.

The entire car REEKED when I unlocked my car.

Not with these bags.

[eyeballer]

Originally Posted by talkswithtrees

ya how does herb in tha trunk make it safer, than like my backpack?

If it is in your back pack or pocket the police can say that you where going to smoke it while driving. If it is in your trunk you are only transporting it.

In other words if you get caught driving with a gram in your pocket, you get in more trouble (possible D.W.I.). Than if you have 8 oz in the trunk.

[atomstryker]

Im not a lawyer, but its my understanding that if you have your medicine in a locked compartment like a trunk or glove box, LEO needs probable cause and/or a search warrant in order to get inside. If someone knows better, they can correct me. But Ive always heard the trunk is safe, and its got to be, you can always say: I do not consent to any searches!

[rosebud]

Originally Posted by ASA Field

I'll continue to post the new tips monthly.

Sweet. Thank you! :nod2:

EDIT - Are these tips fully archived on the ASA site? You say "..inquire with ASA or your attorney.." Does ASA provide free legal counsel?

i love ASA.... you guys are my heros

[tmac16550]

If you have it in a locked compartment such as trunk or locked glove box I have heard they need a warrant for that. So always lock your glovebox and deactivate those trunk switches because a cop can always slip and accidently flip the trunk switch. You get my drift.

[ASA Field]

Originally Posted by rosebud

Are these tips fully archived on the ASA site? You say "..inquire with ASA or your attorney.." Does ASA provide free legal counsel?

These tips are not yet archived on the ASA website, but that's on our to-do list.

ASA does NOT provide free legal counsel, but we do have a legal support hot line that you can call. Our legal coordinator will consult with you and help you navigate the legal system, but we don't have the capacity to represent every patient that has a legal problem (we get about 60 legal calls a week).

So if you have a legal problem, call ASA first, but expect to have to secure a public defender or private counsel.

[rosebud]

Originally Posted by ASA Field

These tips are not yet archived on the ASA website, but that's on our to-do list.

ASA does NOT provide free legal counsel, but we do have a legal support hot line that you can call. Our legal coordinator will consult with you and help you navigate the legal system, but we don't have the capacity to represent every patient that has a legal problem (we get about 60 legal calls a week).

So if you have a legal problem, call ASA first, but expect to have to secure a public defender or private counsel.

Thank you ASA and thank you ASA Field.

Are California public defenders well in line with California MMJ law? Perhaps more so than some California law enforcement (I believe ASA sued the CHP).

I really like the advice about maintaining your civil rights. I'll preface again by saying I'm not an attorney, just a failed law student. However, it seems to me that by explicitly (politely) saying something about the non-voluntary aspect of the government intrusion seems like a great way to potentially make the officer just go away and if not, you've got grounds for insufficient probable cause.

I forgot to add the reason why insufficient probable cause can be a patient's best friend. Evidence obtained by illegal or improper methods is considered fruit from an illegal tree and cannot be admitted. Without evidence the case just evaporates.

Thanks to everyone at ASA for all you do. This all seems like really excellent advice.

[ASA Field]

Originally Posted by rosebud

Are California public defenders well in line with California MMJ law? Perhaps more so than some California law enforcement (I believe ASA sued the CHP).

Public defenders are a mixed bag. A couple years ago, ASA's chief counsel did a tour of the state, training public defenders. So anyone who came to one of those trainings is well-educated. Also, patients refer their public defenders to our office frequently so we get those attorneys up to speed.

However, there are some public defenders (and private attorneys) who still don't understand Prop 215 and SB 420. If you ever have a concern that you're attorney is not representing you well, call ASA, and someone from our legal department would be more than happy to speak to your attorney.

That said, as a whole, attorneys are more educated than law enforcement. And yes, we did sue the CHP and we won! You can read all about this on our website...

[YAYAREABUDZ]

This is great advice, I will deffinitly pass it along THANKS!

[OCSAS/SDSAS_CO-OP_XXX]

thanks for the advise, it'll come in handy!