The question of what happens to people caught with marijuana has become a tricky subject in recent years. While it is legal to have a small amount of the substance on your person in Washington, Colorado and a few other states, marijuana is still illegal in Texas. In general, most states have begun to treat marijuana like alcohol when you drive, so you should always avoid driving while high.
Marijuana arrests are highly prevalent, most likely due to the fact marijuana is so easily accessible, and most people do not believe it is harmful in any way. Police officers utilize various tricks and methods to try to catch someone with weed, so be aware of your rights to avoid a mistake that could land you in jail.
1. Get you to consent to a search
Police officers may ask to search your person or your vehicle. Most people do not see the harm in saying yes. Even if you know for a fact there is no marijuana on your person, you can still deny a search of your trunk. According to the 4th Amendment to the U.S. Constitution, citizens have protections against unlawful searches and seizures. However, this law is null and void if you give an officer permission. One thing to keep in mind is that if an officer asks you to step out of a vehicle, then you must comply.
2. Consider “talking too much” to be reasonable suspicion
Police officers can search a vehicle if they have probable cause that marijuana is inside. The problem with this is that they can view seemingly innocuous actions as probable cause. For example, you may talk too much, and the officer views this as you trying to hide something. The best thing to keep in mind, especially if you do have marijuana on your person, is to provide simple answers. If the conversation goes on for a while, you can ask, “Are you detaining me?” If the officer replies, “No,” then you can leave. If the officer places you under arrest, then you have the right to remain silent and not surrender any more information until speaking to an attorney.