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US: Wrongful arrests on medical marijuana patients

Alex Webb , Phoenix Cannabis Culture Examiner

The Examiner

Monday 19 Dec 2011

In Phoenix Arizona there has been a constant struggle between law enforcement and medical marijuana patients in confusion over a lawsuit by the governor. Arizona State Governor Jan Brewer and Attorney General Tom Horne filed a lawsuit against the passing of prop 203 in May, which allows approved patients to have and use medical marijuana. Ever since the suit was filed, there has been some confusion on the marijuana laws by Phoenix Police officers.

Some unfortunate card holders have been detained for possession of an illegal substance, even though they had their medical marijuana card. At least 6 approved patients have been arrested and detained since the lawsuit filed by Jan Brewer. Each arrest later ended their release with no charges, but left these approved patients feeling harassed.

Attorney Adam Trenk told Fox News that his office has received dozens of phone calls from patients who are confused about their rights, and what this lawsuit means for them."Incidents between clashes with law enforcement and these patients are on the rise and patients need to be aware that they should aggressively assert their rights to legally use and obtain marijuana if they are a registered card holder." he said. Trenk (Rose Law Group) advises all approved patients to keep their card on them at all times and be aware of their rights regarding probable cause. "In one instance we got a gentleman who's driving on the road, he's pulled over. He presents his medical marijuana registration card to the officer, this in and of itself is not probable cause to search the vehicle, but because there was the odor of marijuana he was searched, some medical marijuana was found, he was arrested and later released."

Governor Brewer's lawsuit has caused damaging consequences to the rights of ill citizens, and confusion to officers who aren't sure how to handle this area of the job. "It's hard enough finding a place to get my medication since the dispensaries are on hold," Said Kystal Moar, legal medical marijuana card holder, "Now I have to face possible arrest over ridiculous politics, even when I'm following the law? I thought there was actual crimes out there."

Even though no charges were filed and those detained were let go, patients feel this is just one more way of making their lives harder for supporting medical marijuana. Every step towards legalizing and decriminalizing cannabis has been fought against by governing powers to end it. But the support and demand for the plant is just to large to fight against. Anti-Marijuana politicians are resorting to any means necessary to bring on a headache to marijuana supporters in a last ditch effort to end it, and Jan Brewer has been one of the largest headache's of them all.

Until the dispensaries are opened, anyone with an approved medical marijuana card can grow up twelve plants for personal use any where in the state of Arizona. In addition they are allowed to possess up to two and half oz. There are several compassion clubs city wide for patients to purchase their medication, easy to find online and in the Phoenix New Times. It's legal for card holders, and they have the right. Make sure to exercise that right at all times, and never forget to keep your medical marijuana card on your person at all times.

Alex Webb

http://www.examiner.com/cannabis-culture-in-phoenix/wrongful-arrests-on-medical-marijuana-patients

 

 

 

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