This article was originally published on the Marijuana Patients Organization site on January 17, 2014.
You hate getting pulled over. Everyone hates getting pulled over. You lose time out of your day and you have to fork over your hard-earned money to pay a ticket – and that’s one of the good outcomes. Unfortunately, police officers often use traffic stops as an excuse to dig deeper, with the result that what begins as a simple speeding stop can end with a misdemeanor charge – or worse!
This is especially true to Medical Marijuana patients. With recent laws that have been passed such as one prohibiting patients from having their medicine in any part of their car other than the trunk, a small mental lapse can quickly snowball into being charged with a misdemeanor carrying a potential sentence of 93 days in jail.
As a patient, you can be proactive and take steps to keep yourself from being caught up in this sadly common trap. Remember, this whole thing starts with a simple traffic stop – and the police need a reason to pull you over. If they don’t have one, your Constitutional rights will likely lead to any charges that follow being thrown out of court!
However, state and local laws are just loaded with nit-picky little reasons that police can use to justify pulling you over. By knowing what some of these commonly used rules are, you can avoid giving police officers a reason to pull you over in the first place. These tips can go a long way in protecting yourself from harassment by law enforcement while on the roads:
• Drive at or near the speed limit.
• Always wear a seatbelt.
• Always use your turn signal when turning or changing lanes.
• Don’t ever drive with a suspended license or expired plates.
• If you must use your cell phone, use speaker or a headset, and never text and drive.
• Don’t drive with more people than there are seats in your car.
• Don’t tailgate.
• Don’t hang anything from your rear-view mirrors.
• Don’t put an excessive tint on your windows.
• Don’t put a poster, sign, or other non-transparent material blocking any of your windows.
• Make sure all your headlights and taillights are working and uncracked.
• Make sure the light that lights up your license plate is working.
• Make sure your windshield isn’t noticeably cracked.
• Don’t drive your car without working windshield wipers.
• Don’t drive with a car that noticeably needs a major repair.
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Mr Snider
What do I do if I have an SUV and it does not have a back seat how do I drive with my cannabis in my vehicle and be in compliance with the law? Thanks
Sir,
I got pulled over for having some beads hanging from my rear view mirror. The Police officer was adjacent to the Relief Choices dispensary. The second he seen me pull out he turned his lights on and pulled me over. I have a truck and my 2 grams were in my middle counsel in a closed (Stapled) bag and sealed. To me, this was not accessible. However, the police officer decided it was. I felt like a damn criminal! He asked me if I had anything in my truck and I told him I had two grams of Medical Marijuana. I handed it over to him and he made me get out of the vehicle and searched everything. He issued me a possession ticket and now I have to go to court. Can you please tell me what I can expect to happen when I get to my court date in Warren?
Thank you,
John
Never ever ever ever ever ever talk to the police especiallly when you got a bag in your car even if it is legal. The lawyer should add this to his list. SHUT UP!!!!
Hey, John. I’d be happy to talk to you about your case – you can get in touch with me through my website, http://www.sniderdefense.com .
That’s an excellent question, Gina. First of all, the back seat is actually the wrong place to store your cannabis. Under Michigan law (MCL 750.474 if you’re interested), medical marijuana patients must place their cannabis in an enclosed case in the trunk of their vehicle.
If, as is the case with you, their vehicle doesn’t have a defined trunk, the cannabis must be enclosed in a case that is not readily accessible from the interior of their vehicle. The practical application is that the cannabis should be stored in the rear of the vehicle – the further back the better.
I have an el’ camino I talked to the state cops that came by to raid me . (they didn’t we had a laugh) They told me to buy a lock-box and keep it behind the seat. As long as it’s locked they need a warrant. If you have your card on you like you should it’s doubtful they will even check it. BUT it has worked for me . Have been pulled over arrested with stuff in my pocket and they just tossed it (<gram)
Hope this helps a bit :/
Well I have a caregiver went to his house to get my medicine was given a gram had put it in my glovebox that has a combination lock on it 91 grand Prix only due to our trunk not being able to open due to cold weather and droken lock made it home took my medical marijuana out the glovebox put it in my coat pocket made it to my front porch then was stopped by the police being accused of doing a drug deal when that wasn’t the case at all showed my card to the police they took the medical marijuana arrested me on possession of useable marijuana and impounded my wife’s car even though I was already out the car and one foot on the pourch please help me anyone have advice on what to do
MCL 750.474 does not apply to the medical use of marihuana as defined in MCL 333.26421 – MCL 333.26430. the definition of medical use in section 3, 4 and 8 contain the word transport, there are no limits except later on (school/jail). therefor, MCL 750.474 is inconsistent.
alternatively, MCL 333.26421 (the MMMA) does not contain the words trunk or case. again, its inconsistent with the act, much like the zero tolerance dui law which people v koon case settled in the mich supreme court.
just make sure you get a lawyer who understands patients are protected from this kind of harassment.
if you know a state officer , ask him/her to have the attorney general rule on this matter.
Paul,
If you’ve been charged with a crime, you should definitely sit down and speak with a criminal defense attorney. I’d be happy to discuss your case with you – you can contact me through my website, http://www.sniderdefense.com .
I would not feel comfortable advising anybody that a court would find these statutes to be inconsistent. While the MMMA specifically allows patients and caregivers to transport marijuana, MCL 750.474 does not attempt to take away that ability. Rather, it only regulates the manner of transportation.