What to Do If You Are Pulled Over While Transporting Cannabis Products

Your employer might have policies and procedures you are asked to follow if you are stopped by the police while transporting products for them. You should know them. However, the state and federal constitutions provide you with certain individual rights anytime you have an encounter with law enforcement. For example, you have rights not to incriminate yourself, meaning you don’t have to answer whatever question the police might ask, and you have a right not to be searched.

When you get a driver’s license, you agree to provide certain information, such as your license and insurance information. But that doesn’t mean you have to answer any question the police officer might ask. It also doesn’t mean you need to do anything they ask you to do: touch your nose, stand on your head, empty your pockets, recite the alphabet backwards, etc.

Remember that you have a constitutional right under the Fifth Amendment not to be a witness against yourself. Use it. 

If asked for details about your personal plans, politely tell the police officer that you are not discussing your day or travel plans. Do not answer questions. Do not consent to a search. Ask, “Am I being detained?” and “Am I free to go?” The police need a good reason to prevent you from going about your cannabis. You don’t need to give them one.

If you are with a passenger, both of you should stick to this plan. 

The officer who pulls you over is also bound by the Constitution’s prohibition against unreasonable searches and seizures. An unreasonable search can be a search of you, as a person, a search of your car or belongings, or even police bringing in a dog to sniff the car.

Working for a cannabis company is complicated from a legal standpoint. We can help make things less complicated. Please contact us to arrange a consultation for you or your employees.