Cannabis & the Law
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Exploring different legal issues surrounding cannabis

We’ll pose different questions to different Attorneys to give you some perspective on Cannabis & The Law.  First up we have Jeffrey Steinborn.  Jeffrey went to Yale Law School 1968 and has been  defending victims of the war on drugs in all their legal needs since that time.  He’s on the NORML Board of Directors and is also a part of their NORML national legal committee.

Jeffrey runs an informational Website: POTBUST.COM and has offices at 3161 Elliott Avenue Suite 340 Seattle, WA 98121

 His contact number is 206-622-5117

We asked Jeffrey two questions:

A. I’m being pulled over.  I smoked in my car earlier and I’m sure the scent has lingered.  How do I proceed?

It’s already too late. You broke Steinborn’s first law:  “One Law at a Time.”  If you are holding you must obey the traffic laws.  Having failed to do that you are now in trouble.  Remain calm and courteous.

Whether you are medical or not, if they smell it, give it up, but only in response to a clear demand. Don’t consent, don’t confess, particularly don’t confess to having consumed any in the past 24 hours or so.  Just give it to them if they insist and make no other comment, unless you are legally authorized and what you possess is within the limits.  Make sure they understand that you are not consenting, but merely acquiescing to a show of authority (the command to hand over the dope).

If there’s nothing left in the car, there’s nothing to do but clam up. Don’t take the field sobriety tests, and don’t admit to any recent use.  If they can’t generate enough probable cause to justify a blood test, don’t give it to them by what you say or do.  If the car is clean, still don’t consent. Make them go through the steps required to lawfully search your vehicle with a warrant.  This leaves your lawyer something to work with, whether or not they find something.

Resist the temptation to say anything.  If pressed, tell them your lawyer advised you to remain silent, and threatened that “if you don’t take my advice, I double the price.”

 

B. I’m a medical patient and I’m getting divorced.  My X is threatening to use my medical use against me regarding child custody.  What should I be doing to prepare to defend my legitimate medical need for cannabis while preserving my rights as a custodial parent first and foremost!

Prepare yourself with witnesses and expert witnesses to discuss the responsible way in which you use your medicine.  Dig deep to see what if any evidence the opposition has that would suggest improper use/conduct, or any reflection in the behavior of the child(ren).

Don’t be intimidated by the threat.  It’s not toxic, it’s not Plutonium, and children do not accidentally eat it, unless it’s an “edible.”  Edibles of course, are kept out of reach of children, particularly the ones that look tempting, such as cookies.

Don’t overlook the “Jamaica Study,” which concluded that children of cannabis users were better adjusted than children whose parents did not use pot.  http://druglibrary.org/schaffer/hemp/medical/can-babies.htm.

Another interesting resource suggests that nursing babies are already getting their cannabinoids from breast milk.  http://www.naturalnews.com/036526_cannabinoids_breast_milk_THC.html