Sitting Here Smoking And Have An IMPORTANT Legal Question - Can U Dig It???

[medmaker420]

I am a med card holder here in cali. I smoke AND grow at my location which happens to be an apartment. Now I have odor control for my grows BUT don't do anything while I smoke in the garage. I think people have or do smell herb when I smoke BUT I personally do not care because I have my card and my apartment lease didn't have a no med grow/smoking clause in it anywhere.

Ok so the question....

If a cop comes due to complaints about herb smoking and asks for my card to verify I am a card carrying patient WHAT IF he comes back with this..

"SO do you grow here as well?"

Do I legally have to tell him yes and if I lie and say no and he finds a reason and capability to "locate" my grow area would there be issues even though I have my card and my paperwork on my cabs stating my plant limit and doc rec.

I don't want to tell cops anything if I don't have to BUT not sure if we have to tell them. I think or have heard of some cities wanting fire inspectors to check things out and others where you have to list the addresses of where you specifically grow so they are on file.

Any help, i'm medicated heavily right now and would love some thoughts on this.

 

[opt1c]

smoke in the growroom; problem solved

 

[makedadproud]

All you have to do is show him your card and Identify yourself. Don't answer another word he asks. If he gets pushy ask him if you should contact your lawyer and see if the questions are legal. He should change his tone with you. You are not required to volunteer any information as to where you get it or anything like that. The only thing I would worry about is some parent smelling it and worrying about their kid, I could see some issues with that one but not legal, only socially; in your neighborhood. Don't worry so much IMO, you are legal so stop lookin over your shoulder.

As for telling the cop a lie... if a cop asked you if you knew how fast you were going and you lied and said you didnt know or told him an incorrect number you would still only be charged with the crime you did or didnt commit, not if you lied or not. The only place lying will get you into big trouble is in court. Although lawyers do it for a living....

 

[GilligansIsle]

In California if you have a current rec. you are allowed to medicate almost anywhere you could smoke a cigarette. There are some exceptions as outlined in SB 420 -

11362.79. Nothing in this article shall authorize a qualified patient or person with an identification card to engage in the smoking of medical marijuana under any of the following circumstances:

(a) In any place where smoking is prohibited by law.

(b) In or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence.

(c) On a schoolbus.

(d) While in a motor vehicle that is being operated.

(e) While operating a boat.

Even though you can, maybe you shouldn't even though its legal. Keeping the neighbors happy will avoid many potential problems or issues. If the garage is a must perhaps a vaporizer will solve the odor problem.

As far as what to answer to the question if you grow here, well I am not a fan of lying to the police when you have no reason to. However I understand your hesitation.

Perhaps an answer like - I am a member of a medical marijuana collective that provides my medication. might work.

All you would need to do is form a collective for you and your members (that you are planning to get someday) and make some simple forms for the members to fill out with the required information as per the AG's guidelines.

Fill one out for yourself and answer the officers question as if you were just a member of the collective, not the master gardener.

It would make sense to have a copy of your own paperwork from the collective as a member, but not to have a copy of everyone's. If you are asked you could produce back up paperwork showing you as a member in good standing of the collective.

I am in no way smart about these things so be sure to listen to others.

 

[PharmaCan]

It's a crime to lie to LEO. If, after seeing your rec, the cop asks ANY questions, tell him that you would feel more comfortable if your attorney were present while any further questions asked, then tell him the same thing when he asks you again.

If leo come's knocking, answer the door, show him your rec and that's it. Don't invite him into your apartment or garage. When he nicely asks if he can come in, tell him no. Don't have a nice chat with him. Show him your rec then stfu except to say you want a lawyer present.

LEO will go away and look for someone easier to fuck with.

PC

 

[GilligansIsle]

Good advice PC!

 

[Pistil_Party09]

yeah i love the look on cops faces when you inform them that you know your rights...

 

[PharmaCan]

yeah i love the look on cops faces when you inform them that you know your rights...

Better than telling leo you know your rights is to just shut up, thereby insisting upon your rights. Given the opportunity, LEO will act like everything is cool, and like he's your good buddy, right up to the point that he's putting the cuffs on you while his buddies are ripping up your plants.

PC

 

[sunwukong]

Look around for a good lawyer. Tell them your situation, get their card. If leo comes a knockin', be polite, give them yor name, show them your med card, and keep the lawyers number handy. If they ask you anything else, say "I am exercising my 5th ammendment right to silence, and will not answer anymore questions without my attorney present." Don't be a dick about it, but let the police know that you do not give consent for them to enter into your home, and won't answer any more questions. Thats it. Police listen to people until that person's own words hang themselves. By knowing a lawyer to call, and keeping quiet, you've done everything you could to protect yourself legally. P.

 

[opt1c]

never open the door; talk through it or the window if you have one that is near the door; post your rec on the window if they need to see it or slide a copy under the door; NEVER OPEN THE DOOR TO LEO; that's why they have to get warrants; if you're garage in unattached the rules are different in cali (less probable cause needed to enter) but it sounds like your garage is attached to your unit

your best bet is to know your neighbors; if they know you're medical and not a creep/banger you shouldn't have any problems with em; don't volunteer anything about smoking but just introduce yourself and be neighborly... that in and of itself goes a long way towards not having the cops called on you

you can always setup a giant cf filter/scrubber in your garage for when you smoke.... saw a product down in la awhile ago called the iron lung; breathe through it and no smell of smoke escapes; sorta like a personal cf filter but it reminds me too much of living in dorms and blowing smoke through toilet paper rolls with dryer sheets on the ends... ah memories; my lungs still hurt just thinking about it though

sometimes i smoke in my growroom; got a scrubber going 24/7 in there; i know it probably shortens its life but that's what its there for isn't it

oh yeah; sometimes asking for a lawyer is a nice way to get held for 24/48 hours depending on day; they'll cuff u; take you in; and hold you without charges and then cut you free after their time is up.. just to be dicks right back at u... usually u can just talk your way out of cuffs in the first place; if they ever want to cuff u up then it's lawyer time and you have to say that "exercise my right" bit... just saying you want a lawyer is not enough to get a case thrown; you say u want to exercise ur right and they keep pressing they just lost their case... lawyer should be a last resort

 

[Hash Zeppelin]

It is not ileagal to lie to a cop, and more importantly it is not ileagal for them to lie to you. so dont tell them shit. If he sees your card he has no probable cause to come in your house.

 

[FreedomFGHTR]

If the cops were to come to your door and speak to you they most likely don't have a warrant at that point. Step outside the door and lock it behind you. If the police ask about marijuana odors hand over your reccomendation and your lawyers business card and say that all questions can be answered through your doctor and attorney. If they ask to search the place tell them to get a warrant.

Odds are that you will never hear from them again.

 

[Grizvok]

There was some bad advice in this thread about actually TALKING to the police officer in a normal manner. Do as FF suggested and step out of your house and close the door behind you and show him your card. Proceed to refuse questioning unless accompanied by an attorney and simply turn around and walk back into your apartment.

 

[StrillaGuy]

There was some bad advice in this thread about actually TALKING to the police officer in a normal manner. Do as FF suggested and step out of your house and close the door behind you and show him your card. Proceed to refuse questioning unless accompanied by an attorney and simply turn around and walk back into your apartment.

Good advice may I suggest this.

LEO asks "do you grow here too? your responce can simply be "I choose not to answer that as I have an expectation of privacy in my home, am I free to go?" Unless your under arrest the answer will be yes and saying the "expectation of privacy in my home" is something I read here on icmag that seems to be a calm and reasonable responce.

Still you should be a respectfull neighbor its just good manners.

 

[JJScorpio]

Don't say anything to instigate or piss a cop off. That is the dumbest thing you can do. Just be polite and tell them you have nothing to talk to them about. If you tell a crooked cop to "call my Lawyer and talk to him" he's likely to find a small bag of cocaine in your pocket. There's no need to instigate a dirty cop. Just show him your certificate and politely tell him you have nothing more to say....

 

[StrillaGuy]

It is not ileagal to lie to a cop.

That is tricky and actually could fall under tampering with an investigation, even if the investigation is not of you you may be questioned by the police for other crimes.

My neighbor shot himself and LEO came to my door. I didnt use the peephole and was freshly vaped so when saw who it was I walked into the hall I closed the door asap. In that case they were questioning me about an investigation and if I started lieing and it f*ed up their work I could be in trouble. Dont lie you have the 5th ammendment which allows you the right not to purger yourself.

 

[Koroz]

It is not ileagal to lie to a cop, and more importantly it is not ileagal for them to lie to you. so dont tell them shit. If he sees your card he has no probable cause to come in your house.

This isn't true and if you follow this as advice you will find yourself locked up for attempt at tampering with an investigation. You have the right to NOT answer questions, you do not have the right to lie to a police officer doing an investigation.

There is a HUGE difference between your 5th amendment rights, and giving false information to a peace officer during an investigation. And as much as I like you as a poster Hash, you should know the difference before offering up advice that will land people in jail.

 

[StrillaGuy]

This isn't true and if you follow this as advice you will find yourself locked up for attempt at tampering with an investigation. You have the right to NOT answer questions, you do not have the right to lie to a police officer doing an investigation.

There is a HUGE difference between your 5th amendment rights, and giving false information to a peace officer during an investigation. And as much as I like you as a poster Hash, you should know the difference before offering up advice that will land people in jail.

Your full of it Koroz! Just tell them pigs to s your d, they cant touch you but you'll have to pay $20.

Seriously Im kidding!

 

[kmk420kali]

This isn't true and if you follow this as advice you will find yourself locked up for attempt at tampering with an investigation. You have the right to NOT answer questions, you do not have the right to lie to a police officer doing an investigation.

There is a HUGE difference between your 5th amendment rights, and giving false information to a peace officer during an investigation. And as much as I like you as a poster Hash, you should know the difference before offering up advice that will land people in jail.

I agree 100%--

 

[Harvest Time]

shit i hope you all know how great you have it... minus the apparent harassment, the fact you can have any of those permits and that they are obtained so easily... as you may guess im bitter cuz im from the wackest state for weed hating in all of new england... guess the state..we are on our way tho i suppose... got decriminalization... wishin i was in cali...shit i would take harrassment from law enforcement any day if i could get away with no questions growin and smokin in my own home...im headin your way!