Reply to peer JF: I live in the State of New Jersey. The ruling here is for recreational marijuana you can possess up to 1 ounce and for medical marijuana you are allowed up to 3 ounces.
Now regarding the above situation, since the woman was smoking the joint in front of her own home and since she only was carrying the joint which was less than the state law, there is nothing that can be done. The scenario had me doing a field interview, which should not have been performed since she lived in New Jersey, and Marijuana is legal. As long as she had less than the legal limit, the best thing for me to do is tell her Goodnight and walk away.
Reply to peer BT: Class
Marijuana laws vary drastically state-to-state in the way its possession, production, distribution, and use are legally observed. In California, marijuana is fully legal in all aspects; however, there are various limitations and restrictions that are set in place (DISA Global Solutions, Inc., 2022). In 2016, voters approved Proposition 64 (“Adult Use of Marijuana Act”) which authorizes adults 21 years of age and older to “purchase, possess, and consume up to 28.5 grams of marijuana in their private residence or in an establishment licensed for marijuana consumption” (FindLaw, 2019). Failure to comply with these statutes can result in imprisonment in county jail for up to six months and/or being fined up to $500. This infraction would ultimately be annotated as a misdemeanor on one’s criminal record dependent on the severity. There are a few restrictions and limitations even if an individual is over the age of 21 which includes, but is not limited to, smoking or ingesting cannabis in public, smoking/ingesting it while operating a vehicle (unless the cannabis was sealed or the person carrying it has a physician’s recommendation), and possessing an open container while operating or riding as a passenger in a vehicle (FindLaw, 2019).
If I were the police officer involved in the scenario provided, I would approach the situation in a very nonchalant manner while addressing who I am and my reason for being there. Since the 45-year-old woman is doing no harm to anyone or anything, there would be no justification to approach the situation in aggressively. After conducting a field interview and recognizing that the woman is being compliant, I would follow up with the question of whether or not she is familiar with the marijuana laws in the state. If her response is “no,” I would seize the opportunity to inform her of such, in addition to how sidewalks that are located in front of private residences are technically considered “public” and are owned by municipalities and counties in California (Stimmel, Stimmel & Roeser, 2022). Therefore, I would note that she is in violation of Proposition 64. If her response is “yes,” I would still do my due diligence by reviewing the laws over with the woman to ensure she fully acknowledges what they entail. Other than that, the woman seems to be in compliance with the rest of California’s marijuana laws, therefore, I would let her off with a warning and politely ask her to smoke either on or in her residence to avoid future encounters with other police officers. Following on, I would thank the woman for her cooperation and tell her to “have a good rest of your night.”
The situational factors that influenced my discretionary decisions in the scenario included how cooperative the woman was, the fact that she was smoking a legal amount of marijuana directly in front of her residence (as opposed to somewhere blatantly public), and that California’s marijuana laws are very laxed. If the scenario occurred in a state where it is illegal or encompasses strict limitations/restrictions against marijuana, I would have engaged the situation in more of a legalistic style approach and arrested her. California’s marijuana laws ultimately grant police officers more room to exercise discretionary power due to its full legality. It is up to law enforcement to make proper judgments in cases involving marijuana by measuring the risks/severity of the infraction(s) being committed. Once these are established, it will allow police officers to develop a justifiable course of action.
References
DISA Global Solutions, Inc. (2022). Marijuana legality by state. https://disa.com/maps/marijuana-legality-by-state
FindLaw. (2019, November 26). California marijuana laws. Thomson Reuters. https://www.findlaw.com/state/california-law/california-marijuana-laws.html
Stimmel, Stimmel & Roeser. (2022). Sidewalk obligations and liabilities in California. https://www.stimmel-law.com/en/articles/sidewalk-obligations-and-liabilities-california
My post: Marijuana is outlawed in Texas for both recreational and medical purposes. Possession of any amount of marijuana is a misdemeanor punishable by up to 180 days in prison and a $2,000 fine. Subsequent violations are penalized by up to two years in prison and a $10,000 fine. Possession of more than 4 ounces but less than 5 pounds is a crime punishable by up to two years in jail and a $10,000 fine(“State Laws – FindLaw,” 2017).. Possession of more than 5 pounds but less than 50 pounds is a crime punishable by up to five years in jail and a $10,000 fine. Possession of more than 50 pounds but less than 2,000 pounds is a crime punishable by up to ten years in jail and a $10,000 fine.
In this circumstance, if I were the cop, I would do a field interview with the woman to get further information. I would next decide if there were probable reasons to suspect she owned marijuana, and if there were, I would arrest her and charge her with marijuana possession. Texas marijuana regulations influence my judgment since they limit what I can and cannot do in this case(DISA Global Solutions, 2019). Without a warrant, I cannot lawfully search the woman’s house, and I cannot legally seize the marijuana without probable cause.
The restrictions limit my discretionary authority, but they do not fully eliminate it. I still have the authority to conduct a field interview and arrest the woman if I have reasonable cause to suspect she owns marijuana. The laws limit the officer’s discretion by specifying what they may and cannot do in this case. Without a warrant, the police cannot lawfully search the woman’s house and cannot legally collect the marijuana. The woman’s age, the amount of marijuana she has in her possession, and whether or not she is in a public area are some situational or external elements that may influence my choice.
References
DISA Global Solutions. (2019, February 18). MAP OF MARIJUANA LEGALITY BY STATE. Retrieved from DISA Global Solutions website: https://disa.com/map-of-marijuana-legality-by-state
State Laws – FindLaw. (2017). Retrieved July 10, 2019, from Findlaw website: https://statelaws.findlaw.com/