Gentle readers, it’s not getting any better out there. A careful review of what’s happening around us shows that there are some alarming new dangers associated with the use of cannabis products – or the failure to use them. Please consider the following new developments:
ON THE HIGHWAY:
Police are being trained to focus on traffic stops as a way to invade your privacy and search for drugs. Traffic stops now make up the vast majority of all search and seizure litigation in the country. The reason is that the U.S. Supreme court has ruled that:
(1) A traffic stop made on the pretext of investigating a traffic offense, but instead based upon a suspicion of other criminal activity is ok. Any old traffic violation will do.
(2) A person may be arrested and his/her person and vehicle searched for ANY traffic offense, including not wearing a seatbelt. In the State of Washington it’s not quite that bad, but you are still at the mercy of the police on the street. If they want to search your car, they’ll find a way.
(3) A dog sniff is not considered a search. That means when it happens without a warrant or even a reason, your rights have not been violated. If you are stopped for a traffic infraction, the officer may run the dog around your car without a warrant so long as the event doesn’t significantly extend the detention.
(4) If your car smells of pot, you can be arrested if you’re the driver. As to passengers, although they can’t be arrested they can be “detained” while the officer searches the car for the source of the smell. They will find a way to search everyone in the car.
Police understand this new freedom they’ve been given. They will now look for a chance to shake you down every time they stop you.
WHAT TO DO? First, remember on the road it’s “One law at a time.” If you’re holding you’d better not make any driving mistakes. If you are stopped, don’t answer any probing questions unrelated to the purpose of the traffic stop; don’t consent to search; and be sure that your stash is locked in the trunk in a locked briefcase inside a smell proof container. Baggies are very much not smell proof. If you smoke pot in the car, you’re taking a big chance.
IN THE HOME:
It’s not as sacred as it used to be. While the smell of marijuana or the sight of contraband is not technically enough to get the police inside your house without a warrant, they will find a way to get in. This is unlawful. In fact, it’s a misdemeanor for an officer to enter a private residence without a warrant or some other lawful excuse such as emergency or consent. If an officer wants in, and you’re holding the answer is “NO.” If there’s an officer in your home looking for dope, you’d better be able to show your lawyer a search warrant or a broken door. There’s no other excuse.
MEDICAL MARIJUANA
This one is fraught with danger. Despite our best attempts, the medical marijuana laws are not a safe haven for medical users. In California the Feds have busted dispensaries that are not just in compliance with local laws – they are supported by and often assisted by local law enforcement. In Washington a new publication, entitled CONFESSIONS, SEARCH, SEIZURE AND ARREST A GUIDE FOR POLICE OFFICERS AND PROSECUTORS, found on the internet at , tells officers that valid documentation for the medical use of marijuana does not defeat probable cause. In other words, they can arrest you, trash your house and bring you to court. It’s up to your lawyer to raise the “affirmative defense” provided by the (in my opinion worthless) Washington medical marijuana law. So don’t flaunt it. Keep in mind that until the plant is free, no one is safe to use it. Of the roughly 900,000 persons busted in the U.S. last year for pot, only a few were patients. The rest were just victims.
PRESCRIPTION DRUGS
Now why in hell would Steinborn talk about pills on a pot page? Answer: because there is a connection. No, it’s not the “gateway” theory. It’s more about what the government has done with the drug education model in this country. We have heard so much demonstrably false information from the government about the dangers of marijuana that we tend to disbelieve anything the government says about drugs, and any attempts to educate us about the real facts seem to fall on deaf ears. But there is a danger out there, and it’s not in the bong. It’s in the medicine cabinet. The number of accidental deaths from pills, such as Oxycontin, Oxycodone, Percoset, and so on, has skyrocketed. We’ve learned through experience if not education that no matter how much pot you consume, all your bodily functions will go on undisturbed. Not so with the pills. The high that you chase when you experiment with pills is dangerously close to the line. Cross the line and you die. It’s not like pot. This is one of the gravest dangers facing this generation of pot users. I can tell you from experience that the use of pills has spread throughout the pot community, especially among young people who are just plain ignorant of the differences between pot and pills. In recent years I’ve seen a number of tragic preventable deaths from “recreational” use of pills. These were accidents. These kids did not want to die so young.
HEALTH
And finally, there’s marijuana and health. I’m not going to do your research for you. The NORML webpage is a good place to start. But, to summarize the fruits of the last 10-15 years of science here is my position:
THE FAILURE TO USE CANNABIS PRODUCTS (WISELY, OF COURSE) IS A HAZARD TO YOUR HEALTH