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Legal marijuana and vehicle searches

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  • Legal marijuana and vehicle searches

    Working in a state where the legalization of marijuana is imminent in the near future, I was curious if anyone had information on how their state operates with vehicle/person searches regarding the odor of marijuana. Can you still search based on odor (PC) for quantity?
    Last edited by Fourfifty; 01-14-2019, 09:29 AM.

  • #2
    Imminent not eminent. It’s coming soon, not a superior position.

    It depends on how your legislature spells it out. It’s treated like an open container where I am. So some searches are good.
    semper destravit

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    • #3
      Legal or not, on a traffic stop it's still evidence of impairment just like alcohol.
      I enjoy life on the dirtroad

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      • #4
        The current case law in California is People v Fews and yes it's still PC to search to determine quantity, but also for an "open container of marijuana"

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        • #5
          Here's hoping the legislators get off their high horses and treat MJ the same as alcohol in nearly all respects some day. With alcohol we have every aspect covered with loads of precedents. Are the politicians so desperate for something to do they have to re-invent the wheel every other session? What part of substance abuse or misuse is so complex? Same same applies to the opioid epidemic if they would quit smooching big pharma and physician back sides.

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