[ASA Field]

ASA Legal Tip of the Month:
Medical Marijuana and Driving Under the Influence

Even though transportation of medical marijuana is legal under state law, it is still illegal to drive while "under the influence" of marijuana. Police that are hostile toward medical marijuana patients will often use a "driving under the influence" (DUI) charge as a form of harassment. Therefore, it is important that you take precautionary measures when driving. These measures include: not medicating immediately before or while driving (it's illegal); not keeping partially consumed marijuana in the vehicle; keeping any marijuana locked in the trunk; not admitting to being a patient or in possession of medial marijuana unless asked (you are under no obligation to provide such information); and, most important of all, not indicating to an officer the last time you consumed medical marijuana.

Once you indicate that you consumed medical marijuana regardless of how recently, it becomes subjective judgment by the officer as to whether you are "intoxicated," and therefore unable to drive. You are under no obligation to tell the police the last time you medicated and you should refrain from doing so. If a police officer initiates the process of investigating your sobriety/intoxication, there are options available to you. There is no breathalyzer for marijuana; you may be told to take a "field sobriety test" (FST), urine or blood test. Since traces of marijuana will remain in urine for as long as 30 days, and in blood for 1-3 days, neither of these tests will define a window of "toxicity" narrow enough to provide solid evidence of impairment to convict in court. You can also refuse to take these tests, but you will likely have to submit to one of the three. If the FST is chosen, make sure that you will not appear impaired because of your medical condition. If you are confident that you will pass an FST, you may want to request that the test be filmed, eliminating the possibility of biased testimony by the officer.

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Help us spread this legal tip around your community! Please download a PDF, print out copies, and distribute at local dispensaries or anywhere else patients congregate.

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Download the Northern California legal tip & April calendar.

[MediKaliNumb]

Originally Posted by ASA Field

and, most important of all, not indicating to an officer the last time you consumed medical marijuana.[/b]

Once you indicate that you consumed medical marijuana regardless of how recently, it becomes subjective judgment by the officer as to whether you are "intoxicated," and therefore unable to drive. You are under no obligation to tell the police the last time you medicated and you should refrain from doing so.

What are you supposed to tell the leo when asked?The answer cant be I dont remember

[jimichunga]

Originally Posted by MediKaliNumb

What are you supposed to tell the leo when asked?The answer cant be I dont remember

Sss s s s sss


:slaugh: :slaugh: :slaugh:

[AFTER CARE]

i believe you tell them
"Ill take the 5th amendment for $500"
and if your gangster....take the 6th as well, right to an attorney...

[AFTER CARE]

btw...very helpful...mind if i use this info on my website?

[ASA Field]

Originally Posted by AFTER CARE

btw...very helpful...mind if i use this info on my website?

Please feel free to repost this and distribute this anywhere. We'd love it if you'd include a link back to ASA's website.

[eamonnm]

thank you ASA, that was overall a very helpfull legal tip. i especially agree with asking for the test to be filmed.......if only every arrest was filmed to prevent discrimination

[Rredeye]

Originally Posted by eamonnm

thank you ASA, that was overall a very helpfull legal tip. i especially agree with asking for the test to be filmed.......if only every arrest was filmed to prevent discrimination

Me too! when I got my mj dui it came down to a jury of mostly middle age women. If I had video I bet things would have turned out different.

[SleepySoStoney]

Originally Posted by Rredeye

Me too! when I got my mj dui it came down to a jury of mostly middle age women. If I had video I bet things would have turned out different.

May I ask the outcome? I'm so sorry to hear this...

What kind of Keystone cop op,don't run video?I thought they all had em,just had a oops switch for those delicate situations
I once lost a felony posession case because the ittle 18 yer old gal in the granny dress, asked ythe killer question."Wwhat if you dont agree with the marijuana law".Your excused.What a let down.

[nextel818z]

Thanks for the legal tip. Appreciate it. Thank you sooo muhc.

[miss_charlie]

one of the best tips i've heard so far. i was very unclear on what the laws were in regards to driving under the influence. i was actually stopped leaving a baseball game and the officer smelled MM from the car. I explained that i did not have an answer as to why he smelled MJ in the car. He asked me several questions to which i answered him calmly and precisely. he asked me to sit forward and had me follow his pen with my eyes and gave me a FST. I passed his test thank goodness and he let me go home with a warning not to change lanes so fast. Gotta love LA cops.

[boutweed]

Excellent advice and thank you! Earlier this year, I was taking my wife home from Redding ca. after surgery and she had not been able to medicate for a few days, so we sparked up some bubble. Not five minutes later while trying to help her out a little ,I lost track of my speed and got pulled over. The smell was heavy and the inevitable ? was asked "have you been smoking marijuana?" I failed according to your advice when I said "yeah a couple hours ago at the hospital" He gave me a test of my eyes with a pen and then let me go! I guess I passed. Will try and not let that happen again!

[tonynbudz]

hey thank you for putting that out there cause ppl dont know and just do without even bother to find out

[blisboogaloo]

Every little tid bit helps. Thanks for the advise.:thumbup:

[docdoom420]

yeah dont do it my buddy got a DUI up north on his way home from SF... he has his mmj rec and finished a jizzle b4 he got on the road... the officer smelled the lingering scent and then proceeded to a full car/body inspection, a sobriety test and not to mention the night in jail... poor guy. take it from others misfortunes. thatnks for the tip ASA:thumbup:

[shecky7]

Could you just say 'I am not driving, I am traveling in my private capacity.'
If they ask for a license say.' I am not a commercial driver.'
I think it is best to not consent to being recognized as a driver.
Do they have any proof you are?
Who has authorization to tell you who you are?
A piece of plastic (a DL) is not 'proof' unless you 'think' it is, you consent to it being so, or you show it to them. Not a good standing either way in my mind. Is this on topic?
I was just thinking this over while driving before today anyway.

What if you showed the plastic card and said. "This is YOUR issued id for MY person, which is not my body, and which is evidenced as such by my birth certificate."

But you would have to know how to navigate the statement by statement risk of the trap of creating joinder. I don't know. I am a wheel chair, not even armchair lawyer but If you want get together with some friends and play act like you are getting pulled over and act out some possible ways of interacting lawfully with these legal eagles that always helps. Truly it does. But is it wise to try and substitute an understanding of a 'tip' for establishing a firm feeling on the foundation of why you would say anything, and what, to a police officer? Not so sure you should rely on something like that, the moment of being pulled over can send one into a shock if you think you are under their jurisdiction already. You are nervous before you even talk to the fellows.
But, of course, these are not legal observations. Just a dude's view with a room...hopefully not with any bars in 'em.

[ps-med]

Originally Posted by MediKaliNumb

What are you supposed to tell the leo when asked?The answer cant be I dont remember

If it looks like things are going down the citation (or worse) path, I keep my mouth shut and say nothing. If they start getting pushy I hand them a typewritten card that basically says "I am invoking my right to remain silent and to refuse to answer any questions. If I am arrested I will continue to remain silent. I would like to have my attorney present for any questioning."

I have had various reactions from different LEOs. One took my paper and crumpled it up, issued me a citation (window tint, seatbelt), but then never filed the citation. One, who was training a rookie, said "why do you got to be like that" and left (he pulled me over for crossing over the double yellow line). For nearly all encounters with law enforcement, I just keep silent and make them work for it.

Read about this and get your own card here: http://www.aclu-sc.org/attach/k/kyr_immigration_en.pdf

[2manyblessings]

Thanks for the legal tip, need all the assistance we can get.

[Organics: Herbal Nutrition Center]

Thank you ASA for all your hard work and help. We all appreciate it very much.
Peace, Love, Light

[The Eco Group Collective]

Thank you ASA,VERY GOOD INFO !

[thestrainstation]

Thanks for the tip! I spread the word and make a note to tell everyone!:thumbup:

[THCtakeout]

"you may want to request that the test be filmed" Great advise!!! I would also like to put this on our website.Thanks!

[Freak420Lover]

Wait...I thought the police are here to serve and protect us... at least that is what their car says.

[HighQualityMedicine]

Thank you for the information. This is a great way to create awareness and let those in the mmj community be informed and protect our rights. Please continue to post such threads.