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Different Marijuna Question

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  • Different Marijuna Question

    First off, I won't be asking your opinion on marijuana laws. You guys have pretty well stated (and I agree) that if something is illegal, a LEO's personal opinion is of little consequence.

    Second, I did use the search feature (marijuana+discretion) and found nothing of substance on this topic.

    My question is this: How does your states criminalization (or lack thereof) affect your treatment of marijuana when you do find it?

    For example, here in MN, I've seen many situations in which LEO's care less about charging/citing for simple possession (though I'm sure they love to use use it as a reason to search) because it's on the level of a parking ticket and even less severe of an offense than minor consumption.

    There are other states where possession of small amounts is a much more serious offense (on the felony level for a second offense). Does this severity lead to an increased rate of arrest or does it lead to more officer discretion, especially when dealing with small amounts?

    Or, in the states where it is more serious, is it simply a case of charging the highest offense possible and letting the courts/attorneys worry about what to actually seek a conviction on?


  • #2
    I don't think it's an all around State v Marijuana question, more like how the area DA/County Attorney's and area Judges pursue it that "helps" the decision on whether or not to arrest/charge/cite and release ect. There's nothing worse than doing paperwork and doing your part knowing it won't get anywhere when it gets to the next level.

    To answer your question, it makes a difference most of the time.
    "I sometimes wish that people would put a little more emphasis upon the observance of the law than they do upon its enforcement."
    -Calvin Coolidge

    "Amateurs train until they get it right. Professionals train until they can't get it wrong." - Unk

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    • #3
      In CA, can be as minor as a cite (like a traffic ticket) for posession of less than an ounce, or a misdemeanor arrest for DUI drugs (if using while driving) or felony transportation or possession for sales depending on associated factors...

      Generally, I will enforce most violations I run across, reardless of level. Don't care if the D.A. files it or not, not my concern.
      Last edited by andy5746; 12-28-2009, 11:50 PM.
      LIFE IS TOO SHORT TO DRINK CHEAP BEER!

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      • #4
        Originally posted by andy5746 View Post
        In CA, can be as minor as a cite (like a traffic ticket) for posession of less than an ounce, or a misdemeanor arrest for DUI drugs (if using while driving) or felony transportation or possession for sales depending on associated factors...

        Generally, I will enforce most violations I run across, reardless of level. Don't care if the D.A. files it or not, not my concern.
        +1 Let the DA throw it out...atleast I get to waste the dirtbags time.

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        • #5
          If you've got drugs of any sort you get arrested, rather it be the full ride or a notice to appear with a court date. Florida isn't like some other states... it's not a citation and a fine... it's an arrest where you still have to go to court, plea to the mercy of the court, and usually get court costs and probation.

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          • #6
            Originally posted by mikeymedic View Post
            +1 Let the DA throw it out...atleast I get to waste the dirtbags time.
            And have the vehicle towed! . That's how I do it.
            LIVING TO LAUGH


            NOTHING SPECIAL ABOUT TODAY, NOTHING NEW, IT'S JUST WHAT WE DO

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            • #7
              Its a misdemeanor the first time and a felony the second time in my state. If you're honest about it when I ask and its a small amount we can either ditch it or maybe go with a summons. If you lie and I have to work to find it, you're going for a ride even if its a half a roach. I know guys on both end of the spectrum as far as arrest/summons/ignore.
              I miss you, Dave.
              http://www.odmp.org/officer/20669-of...david-s.-moore

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              • #8
                Originally posted by CruiserClass View Post
                If you're honest about it when I ask and its a small amount we can either ditch it or maybe go with a summons. If you lie and I have to work to find it, you're going for a ride even if its a half a roach.
                Ditto. I was preparing to search a guy who was a passenger in a car in which the driver had been arrested for DUI. I told him, "If you've got weed on you, just tell me. If you tell me now, we can toss it on the side of the road and forget about it."

                The idiot said, "No, officer. I don't have any weed on me..." As I searched him, I pulled out a wallet.... a pocket-knife... some change... And a little bag of weed. I handcuffed him and then held the baggie up and said, "What did I tell you? What did I tell you!? You could have just told me, we would have tossed it, and you'd be on your way."

                He said, "Well, can YOU throw it out?"

                I said, "Pfft... It's too late now, buddy. A judge is going to have to make that decision."

                People are so stupid, sometimes. *shaking my head*
                Sure, that badge will get you midgets, but those midgets will get that badge!

                The more I learn about people, the more I prefer the company of my dogs.

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                • #9
                  I usually dont waste my time with UPM (unlawful possession of marijuana) its only a violation and max fine that can be imposed is around $100. I have added that charge to other arrests if I found it and they lied about it. Its just a simple pre print information. but to arrest on it alone nope. Im not gonna fill out crime report, PDR, enter them into computer,property forms, NIK test, and information. its a waste, better off writing him a traffic ticket it will cost him more. I usually have them dump it and smash thier pipes or bongs.

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                  • #10
                    Originally posted by mikeymedic View Post
                    +1 Let the DA throw it out...atleast I get to waste the dirtbags time.
                    +10!!! Fuunny but some older officers and QUITE ALOT of younger officers tend to be ambivalent toward MJ users- I have a big problem with anyone in possession of a controlled substance in public.first off- its still illegal,despite so many dumb young officers, and many citizens thinking here in CA that the bogus"doctors recommendation" is a legal RIGHT to carry it( the recommendation is NOT a prescription and any "doctor" at a MJ collective will honestly tell you its NOT if you ask them)

                    Secondly, I have only met 2 people in the past few yrs, since California's Prop. 215 initiative who really needed or benefitted from MJ use- and that after stopping ,citing,arresting or assisting in the arrest of several hundred folks in possession of MJ!I don't want to see it legalized on a broad spectrum because its bad enough here in CA. that a large percentage of the populace has NO problem being intoxicated on booze or abusing prescription drugs routinely, and due to what I've seen as the prevailing view that being high on MJ and driving is okay( had a FOOL actually tell me he can drive SAFER when he smokes "kush", but same idiot couldn't complete the SFST- standardized field sobriety test- I administered to save his life)

                    www.drugpolicy.org/library/cmrguide.cfm

                    Imagine the high rate of DUIs on the road ways in the summer or holiday months,now dbl or triple them with folks high on MJ or combo of MJ and alcoholic beverage intoxication is just as DANGEROUS as a "two beer billy buzz drinker", or the vicodin and vodka soccer moms I've stopped in my patrol area.Do you really want to take a chance on some "stoner" running into, or killing your family and friends ,just as long as he/she can have their "right" to smoke "the tree?".Sorry,Phillydog- but I follow the strictest letter of the law, in citing( Ca. Health and safety code 11357b,or vehicle code section 23222b )or arresting a person in possession( Health and Safety codes 11357c to 11360) of MJ.

                    I've discovered several jurisdictions here in Ca are varied on their enforcement-based on dept policy.I've also discovered that many on the "legalize it" side of the issue,also want total decriminalization of drug use in general.( habitual drug abusers cost this nation in health and safety issues on the job and on the road- you want to work with a crack head as a boss? ride a bus driven by a heroin user?).People can argue all they want about the pros and cons of MJ use- having grown up in "the hood", I've seen Mj ruin lives just as badly as rot gut vodka and rock cocaine....
                    Last edited by DOAcop38; 12-29-2009, 04:36 PM.
                    "we're americans ! We don't quit because we're wrong, we just keep doing it wrong UNTIL it turns out Right"...

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