Airport police in Indianapolis seized medical marijuana from a 36-year-old California breast cancer patient, according to the Indianapolis Star.
Our Costa Mesa medical marijuana attorneys are closely following the issue of legal problems that arise when a California medical marijuana patient crosses state lines. Even when crossing from California to Nevada (both states have medical marijuana laws), a patient can find himself in legal trouble. Either because of differences in state laws or because the patient’s medical marijuana card is only good in one state.
Driving under the influence of drugs is another area of the law where a medical marijuana patient may be subjected to unfair arrest or detention.
In this case, the Transportation Security Administration reports that a screener found the marijuana in luggage passed through an x-ray machine at Indianapolis International Airport. Marijuana and a pipe were found inside a pink case. Screeners claim an alarm prompted them to search the bag.
The 36-year-old Van Nuys woman told police she had breast cancer and showed them her medical marijuana card. Authorities told her possession was still illegal in the state of Indiana. While she was not charged, the pipe, case and marijuana were confiscated and authorities indicated they planned to destroy the items.
As we reported recently on our Marijuana Lawyer Blog, law enforcement has apparently run out of real crime because authorities have begun targeting drivers they think are operating under the influence of marijuana.
Make no mistake about it: Whether authorities like it or not, California medical marijuana patients have rights. There is nothing saying they must stop driving. There is nothing saying they should be exposed to harassment from every bored cop in Southern California. Marijuana can remain in a person’s system for up to 30 days — long after its effects have dissipated. Just because someone tests positive for the presence of marijuana does not mean that he or she is driving under the influence of drugs.
The charge is nearly impossible to prove, in other words. And a driver should always consult an experienced Los Angeles criminal defense lawyer.
The CANNABIS LAW GROUP offers experienced and aggressive representation to the medical marijuana industry in Southern California– including growers, dispensaries and collectives, patients and those facing marijuana charges. Call 949-375-4734 for a confidential consultation to discuss your rights.