August 13, 2019 04:12 pm ETEstimated Read Time: 3 Minutes
A Pennsylvania judge recently ruled that state troopers do not have the right to search vehicles based on a strong marijuana smell as long as a medical marijuana card could be produced.
Timothy Barr, 27 was traveling as a passenger with his wife when they were stopped because of a traffic violation. When police detected a strong marijuana odor, the couple was made aware that the aroma alone provided enough evidence to legally search the vehicle. While Barr was able to show them his medical marijuana card, police still continued to conduct a search on the car. During the check, police found less than a gram of dry cannabis, some residue, and a loaded handgun beneath the driver’s seat. Records indicate that Barr is currently prohibited from possessing a firearm because of previous convictions.
Judge Maria L. Dantos, of Lehigh County Court, tossed out the evidence that supported a conviction for drug and firearm possession. She cited that, “The smell of marijuana is no longer per se indicative of a crime”. In the ruling, Dantos maintained that it was “unreasonable” for police to keep searching once Barr provided his medical marijuana card.
Apply For Your Medical Marijuana Card Today
Veriheal has satisfied hundreds of thousands of patients nationwide
Get approved or your money back
Appointments available on-demand
Customer support available 24/7
Prosecutors are now left to either appeal the verdict or move forward without evidence. During testimony, one of the troopers made a statement that he thought that medical marijuana wasn’t supposed to produce a smell. The other officer was under the assumption that dried cannabis flower was illegal despite the fact that dispensaries have carried such since 2018. Dantos wrote in her opinion that this proves a “clear disconnect between the medical marijuana community and law enforcement.”
Barr was free to go after posting $1 bail.
Medical marijuana patients should always carry their cards and any dispensary receipts. These are a means of proof that they are legally authorized to possess cannabis. All law enforcement should make it their duty to be firmly knowledgeable of their state medical marijuana laws. This entire situation only supports the fact that the US must implement straightforward laws and regulations surrounding cannabis. Otherwise, there will always be an incredibly needless risk for establishing or adding to a person’s criminal record. Miscommunication will just cause further confusion and continue to waste everyone’s time when it is unnecessary in the first place. Hopefully, this ruling will only set a precedent for any similar cases in the future.
Blunts: What are they exactly, and how do they affect your body? If you’re interested in smoking blunts—or already smoke them—this guide is for you. We’ll cover everything you need to know about this popular cannabis intake method, including how they’re made, how they differ from spliffs and joints, risks of use, and alternative intake…
“Stoned,” “high,” “tripping,” and “baked,” are all terms engrained in the cannabis community. These metaphorical descriptions contribute to how we perceive, interpret, and learn from the experiences produced by cannabis consumption. Cannabis experiences, of course, are unique and highly variable. Specific plant strains, the presence of other cannabinoids, different delivery methods, and a user’s individual…
Thanks to the growing wave of legalization, more consumers than ever can grow their own cannabis right at home. Growing essentials that used to be secretive are now bought and sold freely. This includes items, like grow tents, nutrients, LED lighting, HPS lighting, ventilation, and more. Keeping all these items straight is hard enough, but…
Skin diseases plague millions of individuals, inflicting both physical discomforts in addition to mental and social stress. Thankfully, there is no shortage of skin treatment options available on the market. That said, this established market may soon be in for a major shake-up if recent cannabis research is any indication. Traditionally, cannabis research focused on studying…
As more states move toward legalization, accurately detecting impaired driving is of the utmost importance. Field Sobriety Tests (FSTs) have long been the go-to method for law enforcement to assess driver impairment caused by substances like alcohol. However, a recent 2023 study published in JAMA Psychiatry raises serious questions about the accuracy of these tests…
The statements made regarding cannabis products on this website have not been evaluated by the Food and Drug Administration (FDA). Cannabis is not an FDA-approved substance and is still illegal under federal law. The information provided on this website is intended for educational purposes only and is not intended to diagnose, treat, cure, or prevent any disease. It is not intended as medical advice and should not be considered as a substitute for advice from a healthcare professional. We strongly recommend that you consult with a physician or other qualified healthcare provider before using any cannabis products. The use of any information provided on this website is solely at your own risk.