Hashish is 100% legal for valid Prop 215 patients to possess
I read an article in my local paper in which a man was arrested for possession of a small amount of hashish. The man had a state issued MMJ card but it was expired.
The article later quotes Calistoga Police St. Matt Freese as stating hashish is a felony even for patients with a valid MMJ card.
Hashish is 100% legal for valid Prop 215 patients to possess. This topic is not new and has been covered before. Prior case history is clear and Prop 215 and SB420 are even clearer on the subject. Hashish is marijuana, and marijuana is legal for valid patients.
There is no excuse for a police officer not to know and honor all the laws in the state he is employed by. Officers must enforce respect and obey all laws whether they agree with them personally.
Cops very often ask patients about the medical reason for their cannabis use. If a patient isn't visibly dying from cancer cops assume these patients must just be stoners abusing the system. Hey cops, you are not qualified to determine whether a persons use of cannabis is recreational or medical. That is exactly why the Attorney General issued SB420. It clearly states that officers finding marijuana, (which is exactly what hashish is) on a person with state MMJ card are only to verify the patients paperwork is all good and not arrest or harass the patient at all.
Unless they feel the patient is illegally selling pot for profit.
Cops in general don't really respect mmj patients rights. I've had police ridicule me and tell me I'm a recreational user and weed isn't medicine before. I've heard this type of thing a lot from patients.
SB420 basically says look cops if they got a card and the cops verify a person is legit to give them their medicine and leave them the fuck alone. But asshole pigs who personally don't believe pot is medicine often harass and arrest patients with all the state required paperwork.
Let me be clear I am not implying that the officer in Calistoga feels this way or anything like that. He was simply unaware of a law he would likely enforce incorrectly because he was unaware.
Police agencies do not have the legal right to ask or pass judgment on any citizens personal medical conditions. They are not qualified to make that determination, only a doctor is qualified to decide that.
Again this is exactly why we have SB420 because cops are stupid so it was made easy for them. All cops have to do is Call the number on the patients MMJ card to see if their legit and if so then leave them alone.
Police officers need to start respecting medical marijuana patients rights because it is law, and it is their duty to uphold all laws regardless of their opinion on them. That is why I say cops never will have a right to inquire or question a verified MMJ patient usage or anything about their condition. Unless they have solid reason to think the person is selling weed illegally. Asking a patient about their medical problems will in no way help a cop determine if a patient is illegally selling weed.
So we have cops who think medical marijuana is a sham consistently not doing their jobs and respecting patients rights and arresting and charging people that are clearly protected from arrest or prosecution for possession of cultivation.
It doesn't matter what you pigs think, if we got a card and some weed you have to leave is the fuck alone
- Posted using my jailbroken iPod
This is like the only MMJ law that has always been 100% clear in Cali. Shame on the Calistoga Police Dept for not knowing or possibly ignoring this.
ReplyDeleteI think your right cops often let their beliefs come into play when deciding whether to arrest or charge a MMJ patient. SB420 was created specifically to take that decision out of cops hands. Personal beliefs should not come into play ever, cops have to recognize all of them regardless of how they feel
i doubt the officer was ignoring it he was probably not aware of it which is so not cool. i wonder if he ever arrested a patient with valid card for concentrates
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