Marijuana.com

KingAlf

Whew... okay here goes.

To start, I REALLY admire you for taking SO much time and spending it with us. This also begs the question in my mind, why? You stated before that you would'nt do anything to help the legalization, but would'nt stop it (not a direct quote) However, seems to me that just by helping us so much, you are, in a way helping the anti prohibition movement. I don't expect anything from you, you help so much already, but it would be nice if you could clear my mind on that.

Okay, on to the legal questions.
What kind of power do the police have over the average Joe walking down the street? I usually choose to walk to my destination if i feel i am too stoned to drive, I don't believe anyone has the right to endanger other people, and as such i'm stoned while i walk. If a cop pulls over do i even have to talk with him? provide ID, or even acknowldge that he is next to me? or more direct to the point, if he can tell i am that stoned, but i consiously left my illegals behind is there a way i could be fined, jailed, or otherwise detained? I live in CA.
To be honest, it's a non issue for me, I have medicinal reasons to smoke, posses and grow. But my friends often walk with me.

Again Whatever the reason, I thank you for spending time to answer our questions, and by the way, I read the story about how you got disciplined in 97, and i'd like you to know that had that guy been my friend, he would'nt be after that. you help someone and they screw you... I don't get it.

Thanks,

 

Niteshift

"This also begs the question in my mind, why?"

Since the other explaination is lost with the old board: I lurked he for a while. I saw a lot of incorrect legal advice being dispensed and a lot of myths and misconceptions being perpetuated.

Also, someone mentioned to me that some members may actually want to ask a question or two, but wouldn't walk up to a cop and do it. But they might here. I figured I would answer the same questions for you if you walked up to me while I was working, so why not here.

"you are, in a way helping the anti prohibition movement. "

I'm simply doing what is part of my job...answering legal questions. I do it at work all the time. If you use the info to further your efforts, so be it.

You legal question is tough, because it leaves a lot of things open-ended. Also, some of the matter will vary from state to state. For example, in FL, being under the influence of a drug in public is not a crime by itself. In CA, it is. So the CA officer would be investigating a possible criminal violation, but I wouldn't.

"I usually choose to walk to my destination if i feel i am too stoned to drive, I don't believe anyone has the right to endanger other people"

I applaud your decision.

"? provide ID, or even acknowldge that he is next to me? or more direct to the point, if he can tell i am that stoned, but i consiously left my illegals behind is there a way i could be fined, jailed, or otherwise detained? I live in CA. "

CA does have a law against being under the influence of a drug in public. I am not an expert on CA law, so I'm not going to be much help.

"I read the story about how you got disciplined in 97, and i'd like you to know that had that guy been my friend, he would'nt be after that. "

I appreciate your sentiments. I will say that it didn't stop me from continuing to do it.

Thanks for your kind words.

KingAlf

"I will say that it didn't stop me from continuing to do it"

Yer rad! =) , so, just for kicks on my part, do you think that m.com and it's users have aided in that decision some times? I know some cops might think that because we smoke, right there we're bad people.

So in your Opinion, I should be okay? I mean how would you prove in court that i was stoned?

In your state, what are the laws regarding identifing yourself to a leo? I was under the impression that it was'nt even necesary to carry ID on you unless you are driving. And without ID, I could tell you any name i wanted! What would you do in a situation like that?
I've heard that people can be arrested, booked, and tried under the name "John Doe" if it comes down to it. Any truth to that?

Again, sorry for typing yer, um ear off...
Thanks,

Slate

Hey Nite,

I've been lurking here the past couple of days since I saw the link, hope you don't mind if I interject.

KingAlf,
In California it is illegal to be under the influence of a conrolled substance (11550 H&S) and is proved by Drug Recognition Experts (DRE's).

In California it is only mandatory that ID be in your possession while involved in an activity that requires one (i.e. driving, buying beer/cig's).

Lying to the police is a violation of 148PC, and is a misdemeanor.

I have arrested several people who refused to give their name or gave a fake one. The new fingerprinting system identifies you immediately now, so it only takes about 1 minute to ID someone. Therefore the Jon Doe arrests are a thing of the past.

Medicinal MJ is legal in CA, 2 problems though. 1) make sure you have a presription with you and 2) you can't have over a 1/2 ounce on you. This is still fairly new and has changed several times, but it is legal.

Hope it helped, and by the way, smokin weed dosen't make you a bad person, it just makes you hungry.

KingAlf

Wow... I get two good answers in a row...

I would like to welcome you to our boards and let you know that we appreciate you regardless of the occasional punk who flames you for being a cop... they should be kicked off the boards in my opinion...

Thank you sooooo much for the less than 1/2 ounce reccomendation! I have been looking for specifics on the laws around that for a long time and finaly just gave up!

This one is tough tho, and anonomously i think i can ask... Scenario, My buddies are in the car with me, before we leave, they put all their stuff in my glove box so i can claim it is mine in the event we get pulled over. Now this is obviously for more than one person... usually around 1/4 ounce and about 3 pipes. Now I happen to know that most cops are not stupid, and would know that this was probably my buddies stuff and i am trying to protect him... what happens here? we of course maintain that it's all mine. Also, real quick like... I used to mesure out several 1/2 gram bags so i could limit myself easyer, but a friend told me that even with the reccomendation from a doc, I could still get hauled in for intent to sell if i have it bagged seperately. This kinda makes sense... but it really is just for me! It's like those little packaged vitamin bags you can buy at the store. Whats yer take on that?

Thanks!

 

CheebaKing

yay, another "LEO in good standing"!! I just wanted to say thanks to both Slate and Niteshift for posting on these boards. Clearing up all these legal myths and rights really helps!

RIP JMorrison

>>Off Topic Material Deleted<<

But I still like you here helping us clear all the myths. Its just the other "stalking" LEOs that I am worried about.

__________________
There are things known and there are things unknown and in between are the Doors - Jim Morrison

9-11-01

goodgirl

Sorry RIP...I had to delete your post as off topic to protecting your rights. While it was not inappropriate as to it's content....it is inappropriate in this forum.

I sent you the copy of what I deleted via email should you choose to repost it in the appropriate place.

In order to make this work we have had to have strict rules regarding what can be discussed in this forum. Please keep any questions on topic and we should be okay Thanks....

Peace
~GG

__________________
"Sometimes being a bitch is all you have to hold onto." ~Dolores Claiborne

AfRo

Niteshift:

If me & my buddy were midnite bowling and there's a police officer there to keep and eye on everyone or something and we left to "take a walk" and smoke a bowl or two outside like way far away, like in a place it's impossible to see even the flicker of the lighter from anywhere and then come back in would that give the officer reasonable cause to search us? I realize it's suspicious, but it's not illegal to take a walk i was thinking that as long as we dont smell like weed he couldn't claim reasonable cause and if he starts asking questions do i even have to talk to him legally and if he did search us and we didnt have any drugs or paraphenilia on us could he confiscate my lighter or anything?(little thing i know but it would still suck)

PS I live in arizona

Slate

KingAlf,
Your scenario is a little vague. A lot depends on why you are being stopped by the police. I'll say that it's a regualr traffic stop for running a stop sign. Once the officer sees the initial violation he has the right to detain you. If during the stop, he either smells the oder of MJ or observes something in plainview then his has the right to investigate further.

The medicianl MJ rule could possibly work in you sceanrio, but I wouldn't chance it. You, as the owner and possessor of the vehicle can be fined just because you have knowledge of others that posses MJ in your Veh.

Several small baggies of MJ could constitue possession of MJ for sale, if and only if the toatl weight of the MJ is over 28.5 grams (see 11357(b) H&S). My advice would be to only carry your own stash and make sure that it's under 1/2 ounce.

The Medicinal MJ law is still being refined, so be wary. Make sure that your local jurisdiction has not amended current CA law, which they can. Everything I say goes for LA County ONLY.

Thanks for the welcome everyone. Be advised that I'm here for two reasons. To learn.....and to help.