The “odor of marijuana” – like the “odor of alcohol” – has been both a thorn in the side of the criminal defense bar and a time-tested-true-tool for law enforcement for ever and a day. Those three (3) words, “odor of marijuana” (and “odor of alcohol”), have been used, and upheld, as establishing probable cause for warrantless detentions (“seizures”) and searches for time immemorial. But not anymore, not in Washington D.C. anyhow.
New regulations require D.C.’s cops to read over 50 pages on the new law and its enforcement on an internal website, and, per these new laws which permit the recreational use of marijuana D.C. police can no longer use the “odor of marijuana” as a basis for probable cause.
Per D.C. Police Union Secretary Marinos, this is a concern for cops as the new laws could lead to a heavy caseload for internal affairs. “When officers get involved in this, its going to open up a lot of internal investigations because they are going to say the officer used his or her sense of smell, which is not usable for suspicion, and that’s going to open them up for discipline internally and possibly some litigation.” This is also predicted to lead to D.C. cops not enforcing other laws where marijuana is involved. The new rules allow people grow as many as six (6) marijuana plants at home and carry up to two (2) ounces of pot, but Marinos says even judging whether someone is carrying a legal amount could be an issue for police. “We are going to need a pocket scale, or a scale, and the issue is–we are getting into the weeds here but–is it going to be calibrated for every tour? Is it going to have to be MPD issued? Can the officer purchase his or her own scale to bring in to do his or her job? These questions haven’t been answered by the department or the city council.” There is also some confusion over how many pot plants should be allowed in houses with multiple residents. Marinos told reporters that “Our members are going to be very, very reluctant. It’s just going to be too complicated–too convoluted. I think it was purposely written that way, and our members are not going to want to subject themselves to internal discipline by second guessing management and by possibly being sued civilly.”
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Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney. 
- Thanks again. You are second to none when it comes to defending your clients. For that, I thank you
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