In this video, we’re going to cover what you need to know about marijuana in your car if you’ve been pulled over in Wyoming, South Dakota, or any other state where marijuana is still illegal.
As you may know, being caught with marijuana in your car can lead to a lot of serious consequences. In this video, we’ll give you a quick rundown of what to do if you’re pulled over and find yourself with a cannabis stash in your car. We hope this video helps you avoid any unwanted drama when driving in states where marijuana is illegal!
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Transcript
00:00:00:01 – 00:00:16:19
Speaker 1
Hi, everyone. David and I were talking earlier about some common mistakes that people make when they’re carrying marijuana in their car. So we figured we would go over those with you in our discussion today. This is Christina Williams with Just Criminal Law.
00:00:16:28 – 00:00:47:19
Speaker 2
And I’m David Mann, legal storytelling specialist. Yeah, So, Christina, we’ve talked in the past about DUI stops. So, you know, alcohol related stops largely. And so this is similar, but not exactly the same. And people can make dumb mistakes and end up in legal problems because of these mistakes. So if we just think about it from the point of view of somebody who may be interested in smoking pot or may, you know, possess pot somewhere in their life, they want to get in the car and drive.
00:00:47:27 – 00:00:54:04
Speaker 2
So what’s the first couple of things they should make sure to do or not do to avoid problems?
00:00:54:18 – 00:01:08:00
Speaker 1
Right. If you’re going to use marijuana in Wyoming by all means, don’t take it with you in the car. So, you know, first and foremost, if you’re getting in the car, leave your marijuana behind.
00:01:08:18 – 00:01:09:01
Speaker 2
Okay.
00:01:09:22 – 00:01:25:24
Speaker 1
Even even if you think you’re being very prudent and it’s in an airtight bag. Keep in mind, some law enforcement officers carry a K-9 with them. And even if you can’t smell it and the officer can’t smell it, you better believe the K-9 can.
00:01:26:03 – 00:01:40:26
Speaker 2
Oh, really? Okay. So that so the first thing is because keeping in mind is still illegal in Wyoming. So if you’re, you know, wanting to have this and you think, oh, I’ll just put it in a in an airtight container and know it’ll. No, that’s actually not going to work, right?
00:01:41:20 – 00:01:54:00
Speaker 1
Correct. You’re you could be in just as much trouble if you know as if you recently smoked it and you you know, it’s in your hair, in your clothes because that K-9 can pick up on that over.
00:01:54:16 – 00:02:05:21
Speaker 2
Okay. So that’s another one. And so you shouldn’t possess it. You shouldn’t have it in the car or on your person, and you shouldn’t have maybe just smoked a whole bunch of pot before getting in the car, Right?
00:02:06:02 – 00:02:28:06
Speaker 1
Right. I mean, first of all, it’s going to impair your ability to drive if you if you smoke too much. But also, even though you are sure, nobody can smell it, you can’t smell it. Keep in mind, you know, it is a very distinct odor. And the body, you know, is if you’re around eight, you’re going to become the sensitized to it.
00:02:28:15 – 00:02:32:05
Speaker 1
And a law enforcement officer may very well be able to smell it.
00:02:32:17 – 00:02:47:24
Speaker 2
You know, that’s really you. We we’ve all had that experience of you get used to smells in the environment and you don’t even then your friends come over and go, what’s that smell like? Any kind of smell or with tobacco smoke, even people smoke cigarettes and they don’t know how much it’s in their hair and on their clothes.
00:02:48:05 – 00:03:08:08
Speaker 2
So you’re saying make sure that you don’t smoke it? For a number of reasons, one of which is the police officer possibly smelling it on you. So we don’t you don’t have it on you. You don’t smoke it and now you’re driving the car. But maybe you made a mistake on one of these other things. What should you make sure happens now that you’re driving the car?
00:03:09:09 – 00:03:35:21
Speaker 1
Well, any time you get in your car, I mean, it’s just a good practice. Make sure you routinely check that all of your lights are operating correctly, whether it’s your headlamp, your brake lights, your license plate light. So routinely do a walk around and check that everything’s operating correctly with your vehicle and then obviously don’t speed, you know, pay attention to the speed limit.
00:03:35:21 – 00:03:56:17
Speaker 1
Make sure you use your turn signal and don’t don’t commit silly traffic violations. You know that are going to cause law enforcement to pull you over because then, you know, there’s everything that could potentially happen from there. So make sure you don’t commit a traffic offense.
00:03:56:27 – 00:04:11:17
Speaker 2
Okay. Right. And you’ve said in the past and sometimes that police officers look for certain certain things, certain types of cars or whatever, that they may pull over more than others. So if you’re what kind of car are they looking for?
00:04:13:02 – 00:04:49:08
Speaker 1
Well, you know, maybe whatever you might envision a hippy driving is. But more importantly, what they’re looking for is an out-of-state plate. Specifically, you know, they’re looking for plates from California, Colorado, Washington, Oregon, anywhere where marijuana is recreationally used and where, you know, where you would commonly think someone coming through the state who’s from those areas would would possess marijuana.
00:04:49:09 – 00:04:59:22
Speaker 1
So any of it, any out-of-state plate will be more careful. If you’re from one of those other states that’s really liberal about marijuana use.
00:05:00:04 – 00:05:17:23
Speaker 2
Okay, great. So that’s three things. And now what about. So if you have the misfortune of actually being pulled over by the police officer now, it’s a lot like a DUI stop, maybe walk through what’s what’s specific to a to a marijuana stop.
00:05:17:23 – 00:05:37:26
Speaker 1
An officer, especially if you have a passenger in the vehicle, they’re going to want to separate the two of you. So they’re going to ask the driver to come back to their car while they run your license, registration, proof of insurance, and perhaps write you a speeding citation when they bring you back, when they bring the driver back.
00:05:37:27 – 00:06:04:22
Speaker 1
Don’t be chitchatting. Don’t think, oh, you’re just going to, you know, charm the officer into liking you and not, you know, only giving you a speeding ticket. The officer is going to try to engage you in conversation. And he’s he’s looking for very specific things. So, you know, rather than go over everything he’s looking for, just remember, don’t engage in small talk with the officer, Be polite.
00:06:05:05 – 00:06:13:25
Speaker 1
But be very brief in your answers and don’t don’t string along the conversation.
00:06:14:13 – 00:06:30:13
Speaker 2
Okay? Because any information that you think is just kind of no big deal. I’m just talking can and will be used against you possibly in a court of law. So that’s that. And what if they insist or ask to search your car?
00:06:31:14 – 00:06:59:21
Speaker 1
Well, first of all, once the officer is done writing you the citation, he’ll return your license, insurance and he’ll give you your ticket. Now, when he does this, it’s very important at that moment to say, am I free to leave? And he’ll either say yes or no. Now he will have to have a pretty good hunch something illegal is going on to say no.
00:07:00:00 – 00:07:13:21
Speaker 1
So if he says yes, by all means, skedaddle. You know you’re done. Get in the car and drive away again. Don’t engage in any more small talk and be on your way.
00:07:14:03 – 00:07:15:24
Speaker 2
Okay. And don’t let him search your car.
00:07:16:16 – 00:07:47:18
Speaker 1
Yes, but if you do somehow get caught up in a conversation with him, he’s going to ask you, is there anything illegal in your car? And at that point in time, say, you know, I would like to exercise my right to remain silent very, very important. Tell him I’m exercising my rights and I would like a lawyer. Do not consent under any circumstances to him searching your vehicle because it’s going to result in you getting a ticket.
00:07:47:24 – 00:07:54:08
Speaker 2
Okay. So at that point, they’re going to need possibly your services. And how would they get those?
00:07:54:25 – 00:08:07:08
Speaker 1
We will include a link in the description they can call, text or chat with a member of my team any time, day or night here at Just criminal Law. We know you only get one shot at Justice to make yours count.
