Statutory Presumption:
Protects You From Police Searches!
For local law enforcement there is a statutory presumption a person is engaged in the medical use of marihuana if they have a valid registry identification card, and they are in possession of an amount of marihuana under the statutorily proscribed amount. This presumption applies to both qualifying patients and primary caregivers.
Therefore, it appears that if a person is in possession of a valid registry identification card and in possession of an amount of marihuana under the statutorily proscribed amount the police shall not have probable cause to believe a crime is being committed and thus can no longer proceed to search or put somebody into custody without proper consent.
Section 4 of the act describes that a person shall not be subject to arrest, prosecution, penalty, or be denied any right or privilege. However, section 8 of the act actually sets forth an affirmative defense for qualified people to use in court.
