When police say they can smell pot, they can search you.

[mahatmakanejeeves]

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@nedoliver
explains a sticking point in Virginia's decriminalization debate: Police officers' seemingly superhuman abilities to smell pot

Link to tweet

[getagrip_already]

1. that went away in MA with decriminalization.....

They used to pull that crap here also. But once it was decriminalized, the law specifically denied that as probable cause to search. Police had to physically see it, and it had to be on your person. So even if it was at your feet, they couldn't give you a citation for it.

Police hated it and kept doing it, kept giving citations even when the cannabis wasn't on the person.

It got so bad the chief magistrate of the court said no more, and refused to hear any more cases of contested citations, effectively dismissing every one.

So now we are rec legal. You can legally carry up to 1 oz per person, and as long as it isn't an "open container" in a car within reach of the driver, it is completely legal.

So how are police reacting? If they find two people, each with an oz, they put them together and charge both carrying over the limit. Constructive possession they call it.

And the beat goes on.

[5X]

2. "constructive possession"? that is some 1984 right there.

[getagrip_already]

3. police us it all the time....

If you are in a car with others, and they find drugs or guns or whatever near you, they can charge you even if they aren't found on your person.

Welcome to 1984.

[safeinOhio]

4. How about a month off

without pay if they don’t find any?

[msongs]

5. but they can't smell a criminal in uniform on their own police forces nt