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Well it’s that time of year again for the annual celebration of 4/20. We have much to be celebrating, with the ballots and initiatives in states continuing to legalize medical and recreational cannabis. I want to keep you safe when celebrating so you can avoid an arrest and enjoy the festivities. Here are some tips and reminders:

  1. Best advice ever: Use Uber or Lyft on 4/20. This is the easiest time of year for police to find you. They are driving around looking for just you. Then, when they stop you for a tail light violation, they come to your car window and there it is! The smell! Once they smell cannabis, you are getting arrested. Accept it. So, what can you do?
  1. The smell of cannabis stays in your hair and on your clothes. A passenger 21 or older can have cannabis in a container to show the officer where the smell is coming from.
  1. If you know someone who does not smoke cannabis, see if they will be your Designated Driver. Anyone who uses cannabis on a regular basis will probably have a THC level in their blood even if they have not been ingesting. So, if arrested for DUID, the THC will show up, regardless of whether you are under the influence of cannabis or not.
  1. Be polite when approached by law enforcement. You do not have to answer their questions though. You do need to identify yourself when asked. Your best response to any question is, “Officer, I have nothing to say.” Next best question, “Officer, am I free to leave?” Do not accept the invitation to do roadsides and definitely do not do the Drug Recognition Evaluation (DRE). As Nancy Reagan would advise, “Just say no.”
  1. Law enforcement are at the bar looking for public consumption. This isn’t as good as a DUID for them, but once at the bar they can watch who leaves and radio to another officer to follow you. When you drive away, bam! You are getting stopped for a traffic violation.
  1. Public consumption of cannabis is illegal. Do not consume cannabis in public even if it is an edible, even though most people could not tell whether you had a cannabis edible or not.
  1. When you are out don’t advertise you are using. Often times, law enforcement won’t know you are using cannabis unless you tell someone.
  1. Stick close to home and have people over and consider having a party where people can stay over so everyone can enjoy the festivities without getting arrested on their way home.
  1. No traveling with cannabis out of state. Most neighboring states are not cannabis friendly and possession is still a felony in many of them.
  1. Make sure there are no minors present when cannabis is being used, as you can be charged with child abuse. Having a child in the car if you are charged with DUID allows law enforcement to add the charge of child abuse.

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