Tuesday, November 1, 2016

We Asked a Lawyer What to Do if You're Pulled Over With Weed

Screengrab from YouTube. Clip via HOTCARSTV

It's a brave new world for cannabis laws, which will almost certainly shift yet again in the coming weeks as five new states vote on recreational initiatives. Among them is California, the seventh largest economy in the world and home to about 80 percent of all pot grown in the US. If the polls are any indication, it will be a huge domino to fall in the path toward legalization. The times are inarguably a changin', but driving with weed in your car will likely be a serious offense long after the last state makes the seemingly inevitable conversion.


The way we understand impairment is tricky. The current rule for intoxication in Colorado and Washington is five nanograms of THC in the blood, although that's a far less accurate barometer than the .08 rule for alcohol. A regular smoker could have double that level in her blood and be fine behind the wheel. Someone new to pot could have far less, and be a disaster. In short, the policy hasn't quite caught up to the research. Things will likely change over the next few years, but for now, your best bet is obviously finding a way to work with (or around) the laws currently in place.

VICE spoke to the executive director of the Cannabis Law & Policy Project at the University of Washington, Sam Mendez, to get a handle on the wide-ranging set of rules and regulations on driving with weed, and possession in general. The sticky details vary state-to-state, although one thing is as clear as ever: The Fourth Amendment is your friend.

VICE: Before we get started, we should probably point out that cannabis laws vary quite a bit from state-to-state, even when it comes to driving.
They definitely vary a lot. If a police officer finds a cannabis product in your car, depending on where it is in the car, and depending on your mental state, you might be completely fine or you might be arrested. In

How does the Fourth Amendment come into play here? Would it be a good idea to carry weed around in a locked box?
I would say generally that you have a right to privacy, so carrying around something that's locked is protected.

Could that provoke suspicion though?
I think practically speaking that's possible, but just having a locked briefcase or box on your person is not reason enough to assume that there's something illegal within in it. That's not probable cause. I would also say that aside from legalization, there's a very strong trend toward decriminalizing, and no longer throwing people in prison for three years for possession.

Can you speak a bit toward the shift from imprisonment, and how much change we can expect to see in the near future?
Legalizing cannabis is a big step. There are like, four states that have done so so far, though you can expect that number to essentially double in a few short weeks, but they can still make the policy position that throwing people in prison is costly, unjust, and just the negatives outweigh the positives for doing so.

How do you think that attempt at a bright-line for driving will be affected by increased legalization?
I think it's very likely that will change. Especially with this industry coming out of the shadows, and kind of appearing out of nowhere from a legal standpoint. It's difficult, because impairment from cannabis is very different from alcohol, but yes, there's a lot of research going into it, and I think you can expect the laws to reflect that.

This interview has been edited and condensed for clarity.

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