Is ABV Legal?

[Aimless Ryan]

In the United States of America, if a cop ever asks you if he or she may search your stuff, SAY NO. It's that simple. The only way a cop will ever know you have drugs is if you voluntarily show the cop your drugs or if the cop conducts an illegal search.

Never, ever consent to a search. If a cop ever asks you if they can search your property, it's because they don't have a warrant and almost certainly could never get a warrant. If they don't have a warrant, it's specifically because they have no justification to search your stuff. Any of it. (And that includes your identification if they do not already have justification to arrest you.)

So don't let them.

Source: US Constitution Fourth Amendment and personal experience.

I was charged with possession of drug paraphernalia, which I most certainly did possess, along with a few pills and about 0.03 g of weed. However, the cops didn't have any justification to search my stuff or even demand my identification. Consequently, even if my 80 liter backpack had been filled with heroin, I couldn't have been convicted, simply because the cops/jail folks had no legal justification to search my stuff.

 

[MinnBobber]

In the United States of America, if a cop ever asks you if he or she may search your stuff, SAY NO. It's that simple. The only way a cop will ever know you have drugs is if you voluntarily show the cop your drugs or if the cop conducts an illegal search.

...............................................................................................................
The most usual scenario is on the highway, with the Hwy Bull pulling someone over for a very minor thing e.g. Bull, "you were in the left passing lane too long". Then comes, "mind if I search your vehicle, do you have anything illegal in here?"
Two questions in one/ a tricky leading construction. Expecting, "no I don't have anything illegal and no I don't mind if you search".
If you say , "nope, nothing illegal BUT I do mind being searched (or adding without probable cause)"
Bull, "What's the matter, if you have nothing illegal, what's the big deal?"
Driver, "I have nothing illegal but no reason to search my car"
Bull, "We can get the dogs out here to search or we can do this the easy way and let us search now?"
Or, "We can just hold you and get a search warranty, now wouldn't you rather do this the easy way?"

What next as they have all the control and keep badgering?

Any lawyers here?
I'm thinking something like this is best:
"There really is no reason to search my vehicle officer, so am I under arrest or am I free to go?"
Repeat as many times as necessary.

And what about asking at the beginning, "Officer, I'd like to record this conversation so we know what's said--is that ok?"

Anyone now the best legal way to handle a request to be searched?
Exact language to use?

 

[ZC]

I've always been taught the lines "I do not consent to unwarranted searches"

and "Am I being detained or am I free to go?"

The less you say the better. I would not try explaining to the officer that it's used, at best they'll assume it's used recently and now its time for a sobriety test. Out of the frying pan and into the fire.

 

[Aimless Ryan]

I think most cops would respect your position if you just say something like what @ZC said.

Having spent a lot of time living out of a backpack, I have been very belligerent with quite a few cops (but only in response to them first giving me a bunch of shit for no lawful reason). One thing these experiences have taught me is that most cops know their limits; especially if you know their limits.

Cops are very aware that most people do not know their rights. When they are confronted with someone who does know at least one applicable constitutional right, it throws them off their game (which is exactly what their job is; a game). When they sense that you may know more about the law than they do--which you probably do--they usually back off.

Just make yourself familiar with the fourth amendment. If you read it a few times and think about why it exists, you'll never need your memory to save you. Most important rights/laws make a lot of sense.

 

[Vitolo]

Hi,

I was wondering, that if I was to get caught with my vape, but I had already had a session off it.

Has most of the THC gone, so the main ingredients is now CBD?

As CBD is legal, does that now make ABV legal and can be used as a defense for possession?

Does CPS have to test the ABV and prove it has an illegal THC content before they can prosecute?

Does this make policing dope laws even more impossible?

Or is there still too much THC in ABV to make it still illegal to posses?

Thanks,
1DMF

In Arizona, ABV ... as well as stems, roots, trim and seeds, are all counted as Marijuana when it comes to non patients.
The law for patients is different, in that it specifies that we are allowed 2.5 ounces of "usable flower".
Stems, trim, and abv do not count.
BUT..... if you are a patient and are found with more than 2.5 ounces, all patient protection is off.....
and then your stems/abv etc, will be counted as marijuana, because you were not in compliance with the patient law, so you are then prosecuted as though you were not a patient.

 

[shredder]

In Arizona, ABV ... as well as stems, roots, trim and seeds, are all counted as Marijuana when it comes to non patients.
The law for patients is different, in that it specifies that we are allowed 2.5 ounces of "usable flower".
Stems, trim, and abv do not count.
BUT..... if you are a patient and are found with more than 2.5 ounces, all patient protection is off.....
and then your stems/abv etc, will be counted as marijuana, because you were not in compliance with the patient law, so you are then prosecuted as though you were not a patient.

Michigan's laws are much the same. The laws seem to be revinew engines that are fully funded by the sick and disabiled.

The promise, envisioned by folks in favor of our voter initiative, of leaving these folks alone has just not happened.

Just now we are having "legal" medical dispensaries. Again set up imho to maximise arrests and revinew.