Massive patient counts require compliance education

According to Article XIV of the Missouri Constitution, medical marijuana patients may possess cannabis.

In Missouri, patients may even cultivate their own medical marijuana, with a license or via a caregiver. It is important for patients, and their caregivers, to know the laws in order to be in compliance.

There are more misconceptions and erroneous facts circulated online than can be addressed in one sitting, but we will do our best to address some of the most notable or frequently mentioned.

A common and frequent misconception is that peace officers may not ask the source of a patient’s marijuana. It is important to note that law enforcement officers are within their rights to ask a person any question. The person being asked, however, may choose to exercise their constitutional right and remain silent. This means that a law enforcement officer may choose to ask where a patient obtained their medicine, and whether the patient answers is up to them.

“A dispensary nearby could have had a theft and the officer may just be checking to make sure they have an actual answer to the question,” Kevin Ellison, co-founder and CEO of Cannabis Security and Technology Solutions, told Greenway. “A receipt would be even better. Based on my personal experience, questions like this are normally in an attempt to find an actual criminal, and as long as the patient sticks to the truth they have nothing to worry about.”

Additionally, as dispensaries come on-line and patients are able to make legal purchases it’s imperative that Missourians remember that in order to be compliant all medical marijuana purchased from a dispensary must be stored in or with its original packaging. Patients who interact with law enforcement are protected as long as they have no more than 8 oz of cannabis and can produce a medical cannabis patient card. Patients that show their Missouri card are protected, as well as those with a valid medical card from another legal state.

Christopher McHugh, an attorney of Joseph Hollander & Craft Law Firm says, “If you have produced your medical marijuana card and the officer is still not satisfied, the easiest thing might be to skip to the end and ask to speak to an attorney before proceeding.”

As far as law enforcement officers having the right to search a property that smells of cannabis, McHugh says

“Attorneys can discuss probable cause for days in different situations. It all comes down to this: under all the circumstances, can the officer articulate probable cause to believe the search in question would uncover evidence of a crime or contraband? That is for warrantless searches of course, which aren’t allowed at all in many situations.”

   

McHugh also says that law enforcement officers do not have the right to detain or handcuff a person unless they can “articulate a reasonable suspicion that the person was committing or about to commit a crime.”

Which leads to our next misconception, non-compliant behavior is not protected. Those who are not compliant with the rules and regulations of the Missouri Medical Marijuana Program are afforded no protection. Patients who have been approved for a cultivation card by the state are legally allowed to grow cannabis in their homes. There are specific and lengthy guidelines when it comes to home cultivation. In short, the plants may not be visible to the naked eye.

When growing indoors, the plants must be kept in a locked room with limited access. When growing outdoors, the plants may not be visible to the adjacent property or accessible from the top. In either situation, it’s important to display the qualifying patient cultivation identification card with a cultivation authorization, clearly within the enclosed cultivation area and in close proximity to the plants. The authorization lists the name of the qualifying patient or primary caregiver and the address of the facility and all flowering marijuana plants in the possession of a qualifying patient or primary caregiver must be clearly labeled with the qualifying patient’s name. Regulations say that an outdoor grow can be secured with “chain-link fencing, wooden slats, or similar material that is anchored, attached, or affixed to the ground.”

But since it cannot be visible, including from second-story windows nearby, those cultivating at home might have to put up a sheet of sorts that blocks the view of the plants. There have been concerns that growing at home, especially outside, would attract more crime to the property.

“There is no more risk than having jewelry or cash in the house adds. Think of each plant as a piece of diamond jewelry. If it is secured and no one knows you have it, then there is nothing to worry about. Any home with something that can be stolen and quickly sold may attract criminals. The more secure the plant area is, the riskier it becomes for the criminal,” Ellison says.

When a home cultivator packages their cannabis there are no specific requirements or guidelines in doing so. However, a caregiver may maintain a separate legal limit for each qualifying patient under their care and a separate legal limit for themselves, if they are a qualifying patient. As a result, a caregiver must label with the patient’s name, and store separately, an allotment for each qualifying patient.

There have been many residents with their medical cards who have had run-ins with law enforcement already. Some patients were able to go free and kept their medicine, while some have ended up in jail. As law enforcement, public officials, and prosecutors all become gradually more educated, compliant users, will see cases dropped and dismissed – while those who have chosen to operate outside of Missouri’s regulations will face harsh consequences.

There is a steep learning curve on both sides, no prosecutor or peace officer wants to face the repercussions of an illegal arrest or a prolonged trial that ends up being dismissed, but patients must protect themselves by being diligent. No legal, card-carrying patient should go to jail while exercising a constitutional right, so compliance is key.