My question involves criminal law for the state of: California
I was recently confronted by a Sheriff who determined that I was breaking the law (though he did not end up giving me any citations). I believe he was wrong, and to avoid future conflict would like some advice on this matter. Before I go on, I'd like to mention how professional and kind the Sheriff was, I should have asked for his name.
I am an adult, California physician-approved, medical cannabis patient. I was sitting in the passenger seat of my motor vehicle with the engine turned off and the keys out of the ignition in the seat beside me. I was on a rural road with no buildings for at least 10,000 feet in each direction (probably more) and with no other persons or vehicles around. I was consuming medical cannabis when the Sheriff drove up. I stepped out of my vehicle and when asked, told him, "I'm smoking medical marijuana, sir." He informed me that what I was doing was illegal and asked for my identification. I provided my valid CA driver's license and then my California medical cannabis physician's recommendation upon request.
He called in some information over the radio and informed me that he could get me for a DUI for smoking in my vehicle. He said that because he could establish my "intent" to drive my vehicle (which I honestly denied) that I could receive a DUI. I did not argue, but believe this is far from accurate. He also informed me that my California medical cannabis approval only allows me to transport medical cannabis in my vehicle from the dispensary to my home. I quoted California Senate Bill 420 (which I will quote below) but he did not seem to agree that what I was doing was legal. He informed me that I can only smoke in my residence, and anywhere else was illegal. I remained calm and said "yes sir" to everything despite disagreeing.
He asked if I had ever been arrested or had any active warrants/probations, to which I honestly answered no (I have no criminal history whatsoever). After we had a light conversation and another Sheriff arrived, he informed me that he would not be issuing me any citations, and that I needed to stay in my vehicle for 4 to 6 hours to sober up before driving. I thanked him, took a 4 hour nap, then drove home.
Now, here is an excerpt from California Senate Bill 420 which outlines the use of medical cannabis in California:
11362.79. Nothing in this article shall authorize a qualified
patient or person with an identification card to engage in the
smoking of medical marijuana under any of the following
circumstances:
(a) In any place where smoking is prohibited by law.
(b) In or within 1,000 feet of the grounds of a school, recreation
center, or youth center, unless the medical use occurs within a
residence.
(c) On a schoolbus.
(d) While in a motor vehicle that is being operated.
(e) While operating a boat.
Now, given that I did not meet any of the above conditions, am I right in assuming that my use of medical cannabis was legal at the time the Sheriff encountered me? Further, was I at any risk whatsoever of a DUI charge given that the vehicle was off and not in operation? Finally, was there absolutely anything he could have arrested me for given the circumstances described above? What pieces of legislature other than CA SB 420 encompass cannabis possession and consumption as it pertains to criminal law in California?
I am only concerned because the Sheriff seemed to honestly believe that I was breaking the law, which, given the text of CA SB 420, I believe was incorrect. Specifically, he seemed to believe that I could:
a) Only transport medical cannabis in my vehicle to and from a dispensary.
b) Could not consume medical cannabis in my non-operating vehicle, outside the bounds of other constraints detailed in CA SB 420
c) Was guilty of a DUI given my "intent" to drive after consuming medical cannabis
I will be contacting my District Attorney to clarify my concerns (note: I am not trying in any way to get the Sheriff in trouble. I believe his actions were honest and reasonable. I only want to clarify the law for my own sake), but I'm asking on these forums for the time being. I understand that even medical cannabis is still considered illegal under federal law, so if that is all you have to say, don't bother replying to this thread.
Thank you for any insight.
(One final side question. The officer used his flashlight to look into my vehicle from the outside as we were talking. I didn't have anything to hide so I didn't mind this, but kind of felt my privacy was being invaded. Does an officer have to request before doing this? I don't think it would technically be considered a "search".)
Drug Possession: Where is It Okay to Possess Medical Cannabis in California
