TOP 3 REASONS YOU STILL SHOULDN’T TALK TO POLICE – EVEN IF YOU HAVE A MEDICAL MARIJUANA LICENSE
Even though State Question 788 legalized the licensed cultivation, use, and possession of marijuana, there is still good reason license holders should not talk to police, said Tulsa medical marijuana attorney Stephen Cale. Here are his top three.
1. SOME LAW ENFORCEMENT OFFICERS ARE IGNORANT
Now by this, I don’t mean that all law enforcement officers are stupid. I mean that they lack knowledge, especially concerning the new State Question 788 laws. Recently, there was an arrest of a legitimate medical marijuana card holder that I think was plain stupid. Here’s what happened:
An Adair sheriff’s deputy pulled over Regina Gist, 49, of Sallisaw, for a broken tail light. The deputy asked Gist if she had anything on her. She replied that she had “a little bit of weed” but that she had her medical marijuana card.
The deputy told her that possession of marijuana was still illegal for medical card holders because there weren’t any dispensaries in operation. He cited her for possession of marijuana, a misdemeanor. The Adair County DA’s Office charged her with the same. However, after reviewing SQ 788 law, the prosecutor’s office later dismissed the charge.
Don’t trust law enforcement officers to be educated and do the right thing. They arrest people for a living. It’s what they do.
2. SOME THINGS ARE STILL ILLEGAL – EVEN IF YOU HAVE A MEDICAL MARIJUANA LICENSE
There are some “holes” that SQ 788 doesn’t cover. Here’s just a couple of examples:
- Possession of marijuana is still illegal under federal law. Granted, Congress has prohibited the U.S. Department of Justice from using federal funds to prosecute people who are complying with State marijuana laws. However, this provision could expire and not be renewed.
- Driving under the influence of drugs is still illegal, even if you are lawfully consuming the drug. The less you say to an officer, the less he or she can use against you. Saying nothing is the best.
- With a limited exception, possession of drug paraphernalia is still illegal. And the definition of “paraphernalia” is broad. It can even include things used to grow marijuana.
The Oklahoma Legislature will need to fill in the gaps when it goes back into session in February 2019. It will need to ensure that the letter and the spirit of SQ 788 are fulfilled and that current drug laws not covered by SQ 788 are repealed.
Related Stories: LEGAL LANDMINES FOR MEDICAL MARIJUANA CARDHOLDERS | PART 1: POSSESSION OF DRUG PARAPHERNALIA | IT’S MORE THAN PIPES, BONGS, AND VAPES
3. BECAUSE OF ALL THE REASONS LISTED IN THE TOP 10 REASONS NOT TO TALK TO POLICE.
You can almost NEVER help yourself by talking to law enforcement. In fact, you are more likely to hurt yourself than help. Read the Top 10 Reasons NOT To Talk To Police.
Tulsa medical marijuana attorney Stephen Cale is a Legal Committee member of the National Organization for the Reform of Marijuana Laws (NORML). He’s not new to cannabis law. He consistently stays abreast of the complex area of marijuana regulations and laws.
He has been serving people with legal needs for 20 years. So, you’ll be getting a Tulsa medical marijuana attorney with experience.
Tulsa medical marijuana attorney Stephen Cale has a passion for medical marijuana causes. He understands how people benefit from cannabis and wants to help them and marijuana businesses.
Tulsa medical marijuana attorney Stephen Cale has certification in marijuana horticulture. So, he is knowledgeable about the cannabis growing industry.
Serving clients throughout Oklahoma and Northeastern Oklahoma, including Tulsa County, Jenks, Glenpool, Bixby, Collinsville, Owasso, Sand Springs, Sapulpa, Skiatook, Rogers County, Catoosa, Claremore, Mayes County, Adair, Chouteau, Disney, Grand Lake, Langley, Locust Grove, Pensacola, Salina, Spavinaw, Wagoner County, Coweta, Muskogee County, Webbers Falls, Okmulgee County, Pawnee County, Keystone Lake, Osage County, Pawhuska, Hominy, Nowata County, Coffeyville, Craig County, Vinita, Big Cabin, Washington County, Bartlesville, Copan, and Dewey.