Now that over a dozen states have medical marijuana laws on the books and several more are considering such measures, it is a good time to reflect on search and seizure practices in Arizona and elsewhere. Because medical marijuana statutes vary from state to state and marijuana is still classified as a banned Schedule-I substance under federal law, interpretations of what constitutes reasonable search and seizure in cases where the suspect holds a valid medical marijuana card vary widely. Individuals who feel that law enforcement has violated their rights with an unreasonable search and seizure should contact a licensed Arizona drug lawyer who specializes in such cases.

For many years, police in Arizona and elsewhere have used traffic stops as a pretext for search and seizure operations. Even if the vehicle’s driver was already under arrest and posed no threat to law enforcement, police still routinely searched vehicles for drugs or other contraband that could add weight to any potential charges. This has changed somewhat since 2007′s State v. Gant decision, which held that police could no longer search vehicles once their occupants were arrested. A highly successful Arizona DUI lawyer has even tried many cases in which the police also charge the defendants with DUI.

In cases where medical marijuana patients have been pulled over with medication in their vehicle, police have been known to skirt this rule by asking to see the patient’s medical card and then searching the vehicle anyway in the hopes of finding marijuana in an amount greater than that permitted by law. In fact, a recent California court decision upheld this type of search in that state under the reasoning that the very smell of marijuana in a vehicle constituted probable cause that the driver was operating under the influence. In such cases, a medical marijuana card would not be sufficient to deter police from searching the vehicle, although it would prevent them from seizing any marijuana as long as the total amount did not exceed the state’s individual-patient maximum.

Although state law enforcement agents are bound by limitations to their search and seizure abilities by medical marijuana laws within their state, federal agents are not and thus can raid any home or business at any time. The term “reasonable search and seizure” does not apply to the feds: for them, any search and seizure of medical marijuana is by definition reasonable. Medical marijuana patients, regardless of where they reside, who have been raided by federal agents are advised to contact an Arizona criminal attorney immediately.