Cannabis and your 4th Amendment Rights

What to do when you get arrested for cannabis?

There are a few things to remember about your constitutional rights when it comes to cannabis and getting arrested for anything cannabis-related. First off, stay calm. Don’t obstruct or run from the police. Keep your hands where they can see them. If you are not under arrest, ask if you are free to leave. If you are under arrest, you have the right to know why so you can ask at that time.

Can you refuse a search by police?

You also have the right to remain silent which will protect you from self incrimination during your encounter with the police. You also do not have to consent to a search of your persons, home or vehicle. The police may “pat you down” to do a search for weapons if they suspect one. You should not resist but you may verbally refuse any further search.

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When can I do when I am being arrested?

If you are arrested, do not resist even if you think the arrest is unfair. Also do not challenge an arrest on the street or threaten them. Remember as many of the details of the encounter as possible and get witness information if you can. Try to remember names, badge numbers, the agencies involved, and all the details involved. This will help your case if you should be charged.

What are my rights if arrested for cannabis?

In the case you are arrested and charged you have the right to make a phone call. If you call a lawyer they are not allowed to listen on the phone but in other cases they may listen to your conversation. While in jail, you may be visited by an officer or detective. If you do, request your lawyer to be present, if you can not afford one, one will be appointed to you through the counties public defenders office. It’s smart to not answer any questions unless instructed to do so by your lawyer in order to build a strong defense case. Depending on the charge and the state you are in, the statues and penalties may be different.

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Is Hemp (Cannabis Ruderalis) legal is the United States?

Rules and limits to possessing marijuana is still illegal under federal law. However, cannabis ruderalis, hemp, which has been allowed under the Industrial Hemp Farming Act of 2015. Limits on possession of medical and/or recreational cannabis limits differ from state to state in the US.

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