Cannabis Column - #43

Jon Gettman is a long time contributor to HIGH TIMES. A former National Director of NORML, Jon has a Ph.D. in public policy and regional economic development and consults with attorneys, advocates, and non-profits on cannabis related research and public policy issues. On October 8, 2002, along with a coalition of organizations, he filed a new petition to have cannabis rescheduled under federal law. This column will track that petition's progress. Arresting Developments and How to Avoid Them

Have you ever been arrested because of marijuana? For most marijuana users, the answer is no. Still, with marijuana arrests at historic levels, over 800,000 per year, it makes a lot of sense to consider how to avoid getting busted in 2008.

Of course, every marijuana user should know their legal rights, but even better is never really having to use them. Every citizen has the right to remain silent, for example, when questioned by police about a possible crime, such as the possession of marijuana in one’s pockets, purse, backpack, or automobile. Americans also have rights that protect them from illegal searches, but that doesn’t always prevent illegal searches from taking place. Consequently it is smart for marijuana users to avoid situations where they are vulnerable to questioning, searches, and arrest.

Here are a few facts of life regarding marijuana arrests. Young people between the ages of 15 and 25 are arrested more often than older people. Blacks and other minorities are arrested more often than whites. And men are arrested more often than women. If you are young, a minority, and/or male, then you need to take extra care to avoid being busted for pot.

The first rule for avoiding arrest is to be aware that you are a target. No matter whom you are, if you use marijuana the police would like to arrest you. They might tell you otherwise, but don’t believe them. Seriously. One frequent situation is that police stop young people for one reason or another, and then ask permission to search them. Sometimes they imply that they are going to conduct a search anyway and that it would be better for the suspect (if you are being questioned by police, you are a suspect) to just voluntarily hand over any marijuana in their possession. It’s not. Don’t do it. Police frequently try to fool people into consenting to a search that otherwise would never legally take place. You’d never walk up to a police officer on your own and give them your stash, would you? So, don’t ever give it to them when they walk up to you and ask for it!

But again, the best course of action is to avoid situations where the police want to question you about marijuana use or search you to find out if you have any. You can avoid these situations by following a few simple rules. Don’t smoke marijuana in public. Don’t smoke marijuana in automobiles. And don’t smoke marijuana with people you don’t know.

These rules may seem fairly obvious, but many marijuana possession arrests take place when police happen to smell or observe marijuana use in public. Take driving for example. Police stop automobiles and talk to the driver for all sorts of reasons, including traffic infractions and suspected safety violations. They stop traffic to check for drunken drivers. Whatever the reason, marijuana smoke is easy to detect in a car long after cannabis has been consumed. Indeed, marijuana smoke clings to the human body for awhile as well. Police are trained to detect the smell of marijuana and use this knowledge as probable cause to question and search suspected marijuana users.

Another simple rule is to never let strangers know that you have marijuana in your possession, especially if you are growing your own stash. Never let friends bring strangers over to your place to get high, and if you have a grow room never show it to anybody. Why? Well, for one thing, they just might be undercover police officers. On the other hand, they just might get themselves in trouble and need something to tell the police to get themselves out of it. In other words, strangers will rat you out to the cops to get themselves out of trouble. For example, you may be growing marijuana for your own use . . . but as far as the police are concerned any amount more than an ounce is possibly for distribution. Some stranger knows you have a grow room, gets busted themselves for theft, assault, a weapons violation, or some other crime, and to get the cops to take it easy on them they offer a tip on a marijuana grower in exchange for leniency. The cops don’t care if you’re growing for personal use or not, that’s something for the lawyers to sort out. They just want to make arrests.

Furthermore, even friends get a little crazy from time to time. In Washington DC a houseguest of a marijuana grower called the White House and threatened the President. When the police traced the phone call and visited the place, they found marijuana growing throughout the house and made some arrests. Sometimes couples have fights and the angrier one tells the cops about the other’s marijuana use and/or grow room. Sometimes angry family members tell the police about another’s marijuana use or cultivation. The lesson here is that if friends and family can’t be trusted in some circumstances, how can you trust strangers?

Another problem for marijuana users is created by irresponsible marijuana use. In other words, don’t get stoned and do something stupid that gets you busted. People should not get high and drive dangerously, recklessly, or even too slowly (yes, it happens.) People should not get high and then get into fights. People should not get high and also drink too much, or get intoxicated on other drugs. It may be fun to get “wasted” but sometimes the word takes on new meaning – excessive marijuana use can waste your chance to avoid arrest. Sometimes just acting silly in public is enough to warrant attention from the police, followed by questions, searches, and arrest.

Believe it or not, a lot of people simply forget that marijuana use and possession is illegal. They go to parties where marijuana is used openly and forget, for example, that if the party is too loud someone may call the police to complain. Many people live in regions of the country where marijuana is decriminalized and police issue citations instead of making arrests. However even in New York City, where marijuana is decriminalized under state law, police find ways to make arrests for marijuana possession. And even in decrim states police will take your stash even if they don’t make an arrest. The point here is that no matter what the law is in your local area marijuana use is still illegal and this is something that every marijuana user must remember.

Responsible marijuana use means taking responsibility for one’s actions and behavior. It means understanding physical, social, and legal effects of marijuana use. Responsible use includes understanding how to use marijuana safely, how to avoid causing problems for other citizens, and also how to avoid getting arrested. Indeed, responsible use also includes making sure that your friends also avoid getting arrested.

The rules presented above may seem a bit strict, and in some situations downright unfriendly. But all marijuana users should give this some thought – what can you do to protect yourself from getting arrested for marijuana possession? Think about it, and talk it over with your friends.

One last thought. The best way to avoid getting arrested for marijuana possession is to get rid of the laws that make marijuana use a crime. Once you’ve given your personal security some thought, the next best thing you can do is to think about what you can do in 2008 to advance marijuana’s legalization in the United States.