Ten questions police are using to strip a medical defense from a patient

This article was originally published on the Marijuana Patients Organization site on October 29, 2014.

In the summer 2014 edition of the California Narcotics Officers Association’s quarterly magazine, The California Narcotics Officer, Seth Cimino of the Citrus Heights Police Department wrote, “The key is to lock your marijuana user into a statement. … You are more than likely to get cooperation from qualified patients, primary caregivers, etc. if you use soft words. These people will normally talk to you. We can then use their answer throughout our investigation.”

You have the right to a lawyer and to be quiet. Ask for one immediately and SHUT UP!

Here are ten questions police are using to strip a medical defense from a patient they stop.

1) How much marijuana are you carrying?
Under CA Prop 215, the Michigan Medical Marihuana Act, and several other state cannabis laws, qualified patients can have as much is medically necessary. Officers look to poke holes in that medical necessity by proving you are carrying too much.

2) How much do you use on a daily basis?
An officer may try to use this amount, coupled with the next question to initiate an arrest.

3) How long are you going on your current trip?
How much you use per day, times the length of your trip determines what could be deemed medically necessary. Anything over that amount could be grounds for an arrest.

4) What’s is your illness or disease?
The key here is to try to get you to say you do not have a serious illness.

5) Who’s your doctor?
Failure to state your doctor’s name could be used as evidence of lack of medical necessity.

6) Would you send your parents to this doctor?
The officer is trying to build a case the recommendation is invalid.

7) What time of day do you use?
Police can use this as evidence that you were driving under the influence.

8) How long does the dosage usually last you?
Again, can be used as evidence you were driving under the influence.

9) Who do you work for?
Officer Cimino makes sure to note that “an employer may terminate an employee who tests positive for marijuana.”

10) Do you grow your own?
Patients sure of their rights might be tempted to admit they do. Officers can follow that up with: “How much?” and “What is your yield?” in order to widen the stop to a home search, and build a case you grew more than was medically necessary.