/ 
Nov. 1, 2012 04:02

What to Avoid when Law Enforcement Comes A-Knockin‘

In the State of Colorado, a patient with a current and valid Department of Public Health and Environment Medical Marijuana Card (“red card”) may possess up to six marijuana plants for his or her own use. Some physicians will write a recommendation for a number of plants over the six-plant count. Let me tell you what has been happening with some regularity based on the numerous telephone inquiries I receive:

The patient gets a knock at the door from law enforcement. The officer states that either a neighbor has complained about marijuana being grown there (or the smell of it), or the officer/neighbors have seen plants in the backyard. Inevitably, the patient lets the officers into the house as the patient wants to show the officers that he or she has a valid “red card” and that any cultivation at the house is legal. You do not have a duty or obligation to let law enforcement into your home unless they have a search warrant. It is important to talk with the officers, but you can do that by talking through the door or going outside through another door to talk with them. Don’t open the front door to talk.

Once the law enforcement officers get inside the house they may say, “We just want to check and make sure you are legal,” etc., and often given permission by the patient. The patient thinks they are being aboveboard and transparent.

Here is the rub: Routinely, officers see the grow, take clippings and pictures and then say there is something illegal about the grow. If it is outside, the officers invariably say that it can be seen from the street and, therefore, is in public view, which is not in compliance with Colorado state law. The officers then take the patient to the police station, and then fingerprint, photograph and release them—now your fingerprints are “in the system” although you may never get charged as the officer may not have a case against you.

Just because law enforcement comes to your door does not mean they really have a legitimate reason to be there. Don’t invite them in. Please know it is your right to wait for the search warrant before you let them in. You may be inviting problems which you have the power—and right—to avoid.

Ann Toney, P.C. is a Denver-based law firm that focuses on medical marijuana business law and marijuana defense; and defending people charged with driving under the influence of alcohol and drugs (DUI/DUID). Ann Toney can be contacted via phone or web at (303) 399-5556 and www.medicalcannabislaw.com.

Also from Ann Toney

Aug. 6, 2015 - 11:29
Available through Always Greenest Delivery.This Romulan ’91 nug is so frosty, it almost looks like a tiny disco ball! There are so many trichromes covering the excellent structure, it’s easy...
Aug. 6, 2015 - 10:46
Available at Delta-9 T.H.C. in Wilmington.Saturn is the most spectacular planet in our solar systems and of all the planetary named strains, Saturn OG is considered to rank right up there with th...
Available wherever Edipure products are carried.These peanut butter cookies by Edipure are really, really good. Maybe too good. Tasting just like the cookies you remember from childhood, there is...
Available at The Barn in Burton.Now this is something for the cannasseurs. Lemon seems to overwhelm this strain, but the piney after-notes keep it grounded. At 70/30 indica-dominant and 19.85 per...
Aug. 6, 2015 - 11:23
Available at Greenland Dispensary in Portland.This fruity sativa tastes sweet like a honeydew melon. Sold by Greenland Dispensary in Portland, these are some pretty skunky buds. When smoked, this...
Aug. 6, 2015 - 10:44
Available at Weed Care in Riverside.Pluto OG, which bears the last planet’s planetary strain name, is as amazing as the pictures from the New Horizons probe’s three-billion mile encounter wit...
Aug. 6, 2015 - 10:45
Available at HGH Collective in Corona.Dream Extracts’ motto, “Dabs Rule Everything Around Me,” which uses every letter in the word DREAM, is emblazoned across the top of the colorful packag...
Available at The Crown Collective in Mira Loma.As AU is the periodic chart symbol for gold, AU Gold Snow Cap Crumble can be read as Double Gold Snow Cap Crumble. Have no doubt that this legacy We...
Aug. 6, 2015 - 10:52
Available at So-Cal Co-Op in Woodland Hills.Named for the rap star for whom it was purportedly created, Master P could have had this potent strain in mind when writing his hit rap, “Make Em Say...
Aug. 6, 2015 - 09:59

Milo Greene will satisfy your soul with its unique sound

For the last five years, the Los Angeles quintet, Milo Greene, has dedicated itself to establishing the band as one of the hardest working acts in the indie rock world. When not diligently writing...
Aug. 5, 2015 - 03:57
Madden NFL 16 Pub. EA Sports Dev. EA Tiburon Available on: PlayStation 4, PlayStation 3, Xbox One and Xbox 360 Release Date: August 25 If there’s one thing that gamers can count on,...
July 1, 2015 - 03:09
F1 2015 Pub. Codemasters Dev. Codemasters Birmingham Release: July 21 Available on: PlayStation 4, Xbox One and PC The F1 game franchise has been exciting gamers with authentic F1 rac...
Aug. 6, 2015 - 11:20
Available at The Pole in Detroit.A very tasty strain; the parents of this 80/20 indica-dominant hybrid are Blueberry and Shining Silver Haze. With a sweet blueberry taste, you’ll want to get ca...