Know Your Rights
Essential Legal Knowledge for Cannabis Users
Disclaimer: This is general information, not legal advice. Laws vary by state and situation. Always consult a licensed attorney for specific legal questions.
Quick Reference: Your Core Rights
Right to Remain Silent
You do not have to answer questions beyond identifying yourself
Refuse Consent to Search
You can decline searches in most situations
Right to an Attorney
Request a lawyer before answering questions
Document Everything
Write down details as soon as safely possible
During Police Encounters
Traffic Stops
What You Should Do
- ✓Pull over safely and turn off engine
- ✓Keep hands visible on steering wheel
- ✓Provide license, registration, insurance when asked
- ✓Stay calm and be polite
- ✓Clearly state "I do not consent to searches" if asked
What to Avoid
- ✗Do not make sudden movements
- ✗Do not physically resist even if search is illegal
- ✗Do not volunteer information about cannabis
- ✗Do not consent to vehicle search
- ✗Do not lie to police (you can remain silent)
At Your Home
Your Rights
- →Warrant Required: Police generally need a warrant to enter
- →Check the Warrant: Verify it lists your address and is signed by a judge
- →Limit Scope: Warrant specifies what can be searched
- →Step Outside: You can speak through the door or step outside
Exceptions
- ⚠️Emergency: Immediate threat to life
- ⚠️Hot Pursuit: Chasing a suspect
- ⚠️Plain View: Evidence visible from lawful location
- ⚠️Consent: If someone consents to entry
On the Street
Stop and Identify
In some states, you must identify yourself if asked. You do NOT have to answer other questions.
Pat-Down Searches
Police can pat you down for weapons if they have reasonable suspicion. State clearly "I do not consent to searches."
Ask If You Are Free to Leave
If you are not being detained, you can leave. Ask "Am I free to go?" If yes, calmly walk away.
The "I Smell Marijuana" Issue
Historically, police claiming to smell marijuana was often used as justification for vehicle searches. This is changing in legal states:
States Where Smell Alone Is NOT Enough
- • Massachusetts
- • Vermont
- • Colorado (in some circumstances)
- • Pennsylvania (in some courts)
- • Maryland (recent ruling)
Courts have ruled that smell alone does not indicate illegal activity in legal states
What This Means
- →You can still refuse consent to search
- →Police may need additional evidence for probable cause
- →Challenge any search based solely on smell with an attorney
If You Are Arrested
- 1
Stay Calm
Do not resist physically. Anything you do can be used against you.
- 2
Invoke Your Rights
Say clearly: "I invoke my right to remain silent. I want an attorney."
- 3
Do Not Talk
Answer no questions until your attorney is present. Police can and will use anything you say.
- 4
Make Your Phone Call
You have the right to make phone calls. Contact an attorney or family member.
- 5
Document Everything Later
Write down exactly what happened as soon as possible. Include officer names, badge numbers, what was said.
Privacy, Housing & Other Rights
Housing Rights
- ⚠️Federal Housing: Cannabis is prohibited in all federally subsidized housing
- ⚠️Private Rentals: Landlords can prohibit cannabis in lease agreements
- →Medical Patients: May have limited protections in some states
- ✓Homeowners: Generally can use on your own property (check HOA rules)
Parental Rights
- ⚠️Child Custody: Cannabis use can be raised in custody disputes
- ⚠️CPS: May investigate if children are involved
- →Safe Storage: Keep cannabis locked and away from children
- →Responsible Use: Do not consume while responsible for children
Legal Resources
Find an Attorney
- • NORML Legal Committee: norml.org/lawyers
- • State Bar Association referrals
- • Cannabis-focused law firms
- • Public defender (if you qualify)
Know Your Rights Organizations
- • ACLU: aclu.org/know-your-rights
- • NORML: norml.org
- • Drug Policy Alliance: drugpolicy.org
- • Flex Your Rights: flexyourrights.org
Learn About Your State's Specific Laws
Laws vary significantly by state. Get the complete legal breakdown for your location.