If you’re a cannabis user in Washington, DC, the laws are pretty relaxed. Pot is legal for adults 21 and older to possess up to two ounces of weed dc at home or on their person. But there’s still a risk of getting arrested for smoking weed in public and even more so if you get pulled over by police while you’re stoned. In this guide, we’ll cover what to do if you get pulled over by law enforcement while smoking weed in Washington, DC: what your rights are as an adult citizen; how it affects your driving record; and how to handle yourself during an encounter with police.
Don’t freak out.
If you’re pulled over while smoking weed, the most important thing to remember is not to freak out or panic. You may think that you’re going to get into trouble, but panicking won’t help your situation. Remember, this isn’t an emergency situation it’s just a traffic stop. Stay calm and act polite throughout the process so that you can get back on your way as quickly as possible.
Do not resist arrest.
If you’re pulled over, don’t resist arrest. If a police officer asks to search your car or ask you any questions, be polite and answer them truthfully. Do not fight back if the officer tries to search you even if you feel like they have no right to search for cannabis in the first place and do not run away from them. The best course of action is typically just to cooperate with police officers during an interaction with them so that they can make sure that everything is handled properly and safely on both sides of things!
If an officer asks if there’s anything illegal in your possession while they’re pulling over your car or searching it, don’t lie about what’s inside! It may seem like a good idea at the time because it could get rid of any suspicion that might exist later on down the line (such as being arrested), but ultimately lying will only make things worse when all is said and done.
If a police officer asks you to consent to a search of your car or person, you may refuse.
If a police officer asks you to consent to a search of your car or person, you may refuse. If you do so, the officer will likely ask why he or she should not just take your weed anyway. You can tell them that it is against the law for them to do so without a warrant or probable cause the same reasons it’s illegal for them to arrest you in the first place. You could also remind them that they have no right to search without one of those things and ask “What are we going on here?”
If an officer asks for permission and then finds something illegal on their own accord, this would be considered “plain view” seizure: The weed was in plain sight when officers looked through it! This type of seizure is generally considered legal because officers don’t need any additional justification beyond what they see with their own eyes (although some states require reasonable suspicion). However, if an officer searches for something else entirely like marijuana and then finds other drugs as well, this would be considered “search incident to arrest.”
Don’t lie or try to hide your weed.
You may not be used to being pulled over, but it happens. And when it does, you’ve got a few options: you can try to lie about your weed or hide it from the police officer. Neither of these are good ideas; in fact, both actions are illegal. You don’t have to answer any questions about why you smoked or where you got the weed from if asked by the police officer (even if they threaten to take away your license). If they ask for permission to search your vehicle and/or purse/wallet/baggie of buds, then there’s really nothing else you can do other than refuse and even then they’ll probably just give up on searching until they get a warrant anyway! But don’t lie or try and hide anything because it will only cause more problems down the line if caught lying about something that wasn’t even illegal in DC at all (like smoking weed).
Don’t give up your phone or other personal items without consulting a lawyer.
You should never, under any circumstances, give up your phone or other personal items to a police officer without first consulting an attorney. It is possible that giving up your phone could result in evidence of other crimes being found on it and you not realizing it until long after the fact (e.g., if the officer finds pictures of a crime scene).
The best thing to do if you get pulled over while smoking weed in DC is to politely decline to let them search anything without first consulting with an attorney.
If you feel sick or injured after an encounter with law enforcement, seek medical attention immediately. Do not wait to see if you feel better; waiting can make symptoms worse. Similarly, do not use alcohol or other substances to treat your symptoms. If a police officer has used excessive force against you during a traffic stop and it led to an injury that causes pain or discomfort, seek medical attention from a doctor as soon as possible. It is important that evidence of the harm caused by excessive force be collected when possible so that it can be used in court later on (if necessary).
This is the most important thing to remember if you get pulled over and are smoking weed in DC. You need to request a lawyer at the police station. Don’t try to handle it yourself, don’t make any statements and don’t sign anything, even if they tell you that it’s just something that says you’re giving up your right to an attorney. You have every right not to answer questions or give up your rights under the constitution until after you have retained counsel!
You are not alone. Every year, police arrest thousands of people for marijuana possession in Washington DC. In fact, there were 4,000 arrests made during the first six months of 2018 alone. You may feel like it’s just you but it’s not! And while it is important to know your rights as a citizen and what you can do if arrested on marijuana charges (see above), it’s also good to know that there is a network of people who have been through this before and can help support you through the process.
If you get arrested with others, make sure that everyone’s names are recorded and contact information collected by law enforcement so that everyone has someone they can call when released from custody.
Exercise your right to remain silent until you’re able to speak with a lawyer.
As the police officer is standing by your window, you should remain silent and politely decline to speak with him. The police officer may ask if you know why he pulled you over. Do not answer his question. If he asks why you’re not answering him, tell him that it’s because he hasn’t read you your rights yet. If he tries to get into an argument about this, let him know that exercising your right to remain silent is better than giving up any rights at all.
The police officer will likely send another officer back to run your license plate and registration through their database for any outstanding warrants or other reasons for which they might detain or arrest you again, don’t say anything! Once this second officer returns from running these checks (which should take no longer than 10 minutes), they will likely ask more questions or attempt a search of your vehicle and person again do not answer any questions! At this point they may try reading off some of their Miranda Rights again in order to gain access into making an arrest; once again just politely decline until both officers have left the scene
The laws in DC make it easier than some states when it comes to smoking weed, but that doesn’t mean you can ignore police.
You can refuse to consent to a search of your car or person. If you do, the police may still search it, but the law in DC makes it easier for you to fight those searches in court than some other states.
There are no laws requiring you to consent to a search of your car or person, so there’s no downside if you refuse and plenty of risk if you don’t. Your rights are protected by DC’s sanctuary city laws and its privacy protections under the Fourth Amendment (which gives citizens certain rights against unreasonable searches).
Conclusion
We hope this article has been helpful. We understand that it can be confusing to know what to do when you get pulled over while smoking weed, so we wrote it with the intention of making things easier for you! If you have any questions or comments about these tips, please feel free to leave them below. Thank you and stay safe out there!
