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Perspective

Apr. 29, 2014

Warrant exception won't bow to medical marijuana card

A recommendation card may provide access to the green stuff, but it's not necessarily a get-out-of-jail-free card. By G. Ross Trindle, III and Benjamin Hampton


By G. Ross Trindle, III and Benjamin Hampton


A recommendation card may provide access to medical marijuana, but it cannot stop law enforcement officers from asking you to step out of the car if they smell it inside and happen to see a pipe in the center console. And it does not matter if the offense is only punishable as an infraction. As the 1st District Court of Appeal found in People v. Waxler, 2014 DJDAR 4337 (April 3, 2014), these circumstances will s...

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