Results 1 to 10 of 21
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10-05-2010, 07:04 PM #1OPJunior Member
You can smoke, but you can't hunt
Take a look if your a hunter or interested in purchasing a fire-arm. Vail Daily: You can smoke, but you can't hunt
BreckenridgeOT Reviewed by BreckenridgeOT on . You can smoke, but you can't hunt Take a look if your a hunter or interested in purchasing a fire-arm. Vail Daily: You can smoke, but you can't hunt Rating: 5
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10-05-2010, 07:21 PM #2Senior Member
You can smoke, but you can't hunt
Originally Posted by BreckenridgeOT
The card/recommendation does not equal 'illegal use' in my opinion.
Could I stop smoking, answer that question, and then start smoking again? Sounds like a court case.
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10-05-2010, 08:32 PM #3Senior Member
You can smoke, but you can't hunt
I was pulled over in Littleton for speeding this weekend, and I spent 40 minutes trying to assure the responding officers that I wasn't under the influence of marijuana. They most definitely conducted an investigation to see if I was under the influence of mmj.
I had my redcard out when he came up to the vehicle, my backpack with my medicine was on the seat next to me. He quite obviously smelled that I had mmj in my car. I mentioned that I was compliant. He said he couldn't care less about the amount that I had.
He took my info, called backup including a k9 unit. Three cars, four cops, one was obviously a supervisor. I got questioned three times by two different cops, all related to the last time I consumed marijuana, never once mentioned a field sobriety test or anything like that.
It was 9am, and I said I had smoked last before dinner the night before, 12-14 hours prior. The cop said they are going to start writing more DUID's than DUI's, and I totally believe him. He said it's the increase in abuse of the mmj system, this is how they're weeding out the 'abusers'.
He said off-the-record that the threshold is 8 hours. If I voluntarily disclosed that I had smoked any amount of pot in the last 8 hours, I would have been arrested and charged. Not a ticket, arrested, just like a DUI. I asked how they'd enforce guilt since there is no roadside way to tell when the last time I smoked, he says it's entirely dependent on how you answer, like they're giving you the opportunity to screw yourself.
So, if anyone gets pulled over, make sure the answer to that question is longer than 8 hours. Scary stuff, especially that I told the officer that I had a backpack full of marijuana. The only reason for their questioning was trying to get a DUID charge. Once they realized they wouldn't get me to admit to that, they let me go. He even asked, 'Oh come on, I know you guys. Are you sure you didn't smoke a couple hits when you got up this morning?'
Shady!
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10-05-2010, 08:39 PM #4Senior Member
You can smoke, but you can't hunt
thanks for sharing that.
my red card will never come out unless I am accused, nor would I volunteer that the backpack is full of weed unless they forced a search. but that's just me
this should be required viewing!
YouTube - BUSTED: The Citizen's Guide to Surviving Police Encounters
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10-05-2010, 09:20 PM #5Senior Member
You can smoke, but you can't hunt
Originally Posted by copobo
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10-05-2010, 09:26 PM #6Senior Member
You can smoke, but you can't hunt
Originally Posted by copobo
I wasn't over half of my possession limit. I was transporting more than my normal stash so I wanted to make sure I gave the cop full disclosure. I'm sure I could have made an issue, but any one of those cops could easily have ruined my day.
He also mentioned very early on that he'd take a picture before he confiscates. He said if there wasn't a conviction, my medicine would have to be returned in the same condition it's in currently, and he's not about to take care of it if there isn't sufficient grounds to take it.
I'm just a patient, I don't resell my meds, I paid the fees to get legal, so I don't mind them verifying. I don't want to share the road with anyone who is under the influence of drugs, their threshold seems arbitrary and likely wouldn't stand up in court. But, someone has to get arrested and go to court before there is a precedent set on what limits constitute impairment. That's going to take awhile.
edit: the thing that concerned me, is that the cop was totally open and honest about them arresting people who admit to smoking within 8 hours or less. I'm sure that a lot of people would admit to smoking a joint a few hours prior thinking they're fine, when they're not. I just think people should be aware that the laws state we have to medicate in our homes.
The cop even asked if, "I drove home last night after smoking pot somewhere".
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10-05-2010, 09:38 PM #7Senior Member
You can smoke, but you can't hunt
Originally Posted by copobo
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10-05-2010, 11:07 PM #8Senior Member
You can smoke, but you can't hunt
The key is whether your ability to drive is impaired, and to what degree. The law contains a presumption with respect to the alcohol content of your blood and its effect on your driving, so it always becomes a fight about BAC, even though the law speaks in terms of impairment. No such presumption exists with respect to mj, so a DWAID/DUID case would have to revolve around whether your ability to drive is impaired to the slightest degree (DWAID), or substantially (DUID). I think this is the correct terminology, it's been a long time. Watch for the law enforcement lobby (why should such a thing be allowed to exist?) to attempt to convince our idiot legislators, many of whom are ex-prosecutors, to codify some form of presumption for mj, either time from consumption to driving or something else. One of the reasons the law enforcement community has been against legalization (other than its effect on their livelihood0 is the lack of a quick and easy test to determine whether one is currently under the influence. I have heard that such a test is now available, although very expensive. If it comes down in price, and especially if legalization comes to pass, roadside tests for mj will become commonplace.
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10-05-2010, 11:20 PM #9Senior Member
You can smoke, but you can't hunt
Originally Posted by cologrower420
Trim Reaper for Rent. Look for me on Craigslist.
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10-05-2010, 11:58 PM #10Senior Member
You can smoke, but you can't hunt
Originally Posted by cologrower420
man...meded is a hell of a drugmeded, so you can mededicate to mededitate
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