IF you have a Drs order for weed it is legal by law to arrest the person?

Question

Say you are sitting on a bus bench alone can the police arrest you for smoking weed even though a DR ordered it. It is legal by state law. Would the police arrest you anyway dispite having poof you have Dr's orders and the state say's medical weed is legal ?

Answer 1

A number of states have passed laws saying medical weed is not against the law when it is intended for medical use. The latest state is New Mexico. One guy said it's still illegal, illegal aliens are still illegal are the cops busy arresting them as you said an illegal act is just that an illegal act. Now apply this to any acts not just the ones the police or city like or don't like. If the weed in question were illegal than wouldn't the police have to arrest the DR,his nurses, employees who filled the RX in fact this would require several arrests from the Dr all the way to the state government. The police may not like it is legal only they are there not to make the laws ,but mainly to enforce them. This would be false arrest and the city would face civil liabilities and violation of that persons civil rights. If the state where said person lived -declared it is legal the cops are required by law to obey any new laws passed. If the police do not like the law ,there are other cities they can go to work for. But the police are not allowed to practice medicine without a license and arresting someone for taking medications from a license Dr is not an illegal act. This would be the same as the police saying a heart patient cannot have nitro because the police think the person has no need for it or has any chest pain. The police are also expected to follow the law they cannot act as judge and jury otherwise what's the point of courts and lawyers when the police saying what the laws are and not the Government who makes them

Answer 2

If smoking weed as you call it, is legal in your state, then the local police will hardly ever arrest you for it's use, and this case can usually be thrown out, BUT, it is still against federal law, and although the local police generally don't make arrest based on federal laws, they can and do sometimes hold whoever for the federal authorities.
If you do have a doctors prescription for this, why try to aggrivate a situation, just be discreet and do it out of sight.
Sound like you're looking for a confrontation.

Answer 3

I be conscious that there are numerous of incorrect solutions given right here that I could make sparkling some issues. The "Miranda" warning comes from a united states of america stunning courtroom case from approximately 40 years in the past. it is the regulation of the land interior the U. S. and does not selection from state to state. although some states would interpret their very own state shape to grant extra rights to the defendant it is needed by applying united states of america stunning courtroom. The warning would selection somewhat for each police branch, yet would desire to contain an identical advice in spite of the way it fairly is worded. right here is what the stunning courtroom demands to be blanketed interior the Miranda warning: ...the guy in custody would desire to, purely before interrogation, be for sure cautioned that he or she has the properly suited to stay silent, and that something the guy says could be used against that guy or woman in courtroom; the guy would desire to be for sure cautioned that he or she has the properly suited to seek for suggestion from with an lawyer and to have that lawyer latest throughout thinking, and that, if he or she is indigent, an lawyer would be presented at no value to symbolize her or him. some human beings incorrectly believe that the Miranda warning would desire to settle for after arrest. it is not actual! If no questions are asked of the defendant, then no warning choose settle for in any respect. it would be pointless and completey unneccesary to study the Mirdanda warning to a Defendant that officer will not ask any questions of. If questions are asked without the warning given, then any statements made by applying the Defendant would be suppressed. which means the statements can not be used as info in courtroom. it is the therapy for a Miranda violation. A Miranda violation does not invalidate the arrest. It does not recommend the charged are dropped or that the guy can not be prosecuted. extra beneficial, the warning would desire to settle for whilst a defendant is below "custodial interrogation." which means the guy does not would desire to be below arrest. It purely means that the police officer has detained the guy and he's not loose to pass and the officer is interrogating them--asking questions. there's an excellent form of case regulation and it fairly is amazingly actuality particular approximately what precisely a custodial interrogation is.

Answer 4

If it is legal in your state it is still illegal federally. I would fight the arrest, but I would consult a lawyer depending on how your state law reads you may not be able to smoke it publically. Chances are if you can prove in court that you are a prescribed user of medical marijuana they will drop any charges.

Answer 5

This is silly. You just want to do something that is morally, legally and medically wrong and want to salve your conscience. Both you and the doctor should be arrested.
Look at Jack Kavorkian. He is simply committing murder and should be arrested for murder, first degree.
Everyone suffers: that's how you know you are still alive.
Besides, whichever religion you wish to consult, you are in violation of that religion.
Grow up. Don't do things for a childish reason.

Answer 6

You can still get arrested. The federal government has said its illegal and federal law trumps local law.

Answer 7

It is still against federal law. The only place I know where you wouldnt get hastled is in Santa Cruz CA. They have made pot usage as one of their lowest priority crimes.

Answer 8

If you have dr's orders - stay home and smoke it! Why start trouble for no reason?

Answer 9

The weed for medicinal purposes actually comes in a pill form I beleive you dont get to smoke a joint. You also have to register with the police deptmnt with the doctors notes.

Answer 10

just do it at home, these high morals type on here make me sick, how many of them drink and drive, get abusive, and are just asshole* everyone wants to judge u, smoke at home and avoid the bs.