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YetiManY3K

If you caught someone smoking, and they were prescribed it for medical reasons, what would you do? I've heard that though it is prescribed it is still not technically legal. All out of pure curiosity. Thanks.

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Oh Lordy

Yea its still a pretty grey issue to me too. I live in California, and there are Cannabis Clubs all over San Fran and Oakland. My friend goes there because of his mj license, but he knows he'd still get in trouble with the cops if he was caught smoking it, license or not

Exo-Lithium

Federal Law > State Law.
Superiority thing.. I forget what its called. Its included in constitution I think. SUPREMITY LAW? I think?

hauptmann

lol lol no.

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CAT33

I would use my professional discretion (contrary to popular belief, it is not immoral or somehow evil to fail to enforce a bad law, either by police officers or juries).....and LET THEM GO.

...Just as I've done a zillion times w recreational users.

Period. End of story.

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"The only thing necessary for evil to succeed is for good men to do nothing."--Edmund Burke (IT IS OBSCENE TO DESTROY THE FAMILIES AND LIVES OF PERSONAL USERS/GROWERS BY INCARCERATING THEM when cigs and alcohol are legal!) HYPOCRISY is a wonderful thing ain't it?! Hmmm...perhaps since LAWYERS make money from our stupid laws, and LAWYERS run the country...think there's a connection???
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2ND GROW HISTORY IN PROGRESS || LAW ENFORCEMENT AGAINST PROHIBITION

 

YetiManY3K

So it comes down to the officers call? If they found you with say, an ounce of weed.... would they take it? Pieces? Bongs? Papers? What would be considered protocal?

CAT33

I never confiscated ANYthing unless I arrested them. If an officer does and it isn't placed in the property room as "Found Property" with a report, it is THEFT.
At the very worst, depending on if I was alone or with a questionable partner, I'd make them dump the stash and they could keep the smoking supplies.

YetiManY3K

That would be very nice of a cop, but I wanna know what the by the book procedure would be. Anything else to add?

OverwhelmSam

I'm not a Leo, but I've worked with Leos in the past and the procedure is to arrest and charge you for possession of marijuana.

My question, in states where courts are required to refer cases of possession to treatment, are Leos as concerned about petty possession as much as in states where possession will probably result in incarceration?

Niteshift

If an officer does and it isn't placed in the property room as "Found Property" with a report, it is THEFT.
At the very worst, depending on if I was alone or with a questionable partner, I'd make them dump the stash and they could keep the smoking supplies.

First, while YOUR state might call it theft, be careful giving out blanket answers like you just did, because it misleads people.

Here, if it wasn't converted to personal use, it would be a violation of dept. procedure, not a crime.

Second, if you dump the persons stash, aren't you essentially confiscating it? It went from their possession, to yours, where you permanently deprived them of its use. That sounds pretty much like the same effect from their end as you taking it and turning it in as found property.

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