You just got off work. It’s Friday evening, you’re cruising along as you hit the blunt. You feel good about your week and you’re looking forward to the relaxing weekend. Everything is great.
And then you get pulled over.
You’re not alone. According to the FBI’s Uniform Crime Report, police made approximately 350, 150 arrests for cannabis violations in 2020. In many of those cases, the police found cannabis in the individual’s vehicle.
If this happens to you, you have several options. You could end up lucky and walk away trouble-free, or you could end up spending the night in a holding cell before going up against criminal charges.
We’re not legal experts, but we do have advice from people who are legal experts that we are sharing within this article.
NOTE: At no point do we recommend violating the law. We also take no responsibility for any outcome if you use this advice provided by legal experts.
What to Do if Pulled Over With Weed in the Car
Even in a legal cannabis state, you can still get prosecuted for having cannabis in your vehicle. It’s a big mistake that many people make to treat marijuana like tobacco, even in a state like Washington.
The current rule for intoxication in Washington is five nanograms of THC in the blood, which is a far less accurate barometer than the .08 law for alcohol. A regular cannabis user would likely have double that in the blood and be perfectly fine operating a vehicle.
Someone who is new to cannabis would likely have far less, and it would not work out well.
Basically, the policy hasn’t really evolved to align with the research. While things may change in the next few years, for now, your best bet is to find a way to work with the laws currently in place.
If you get pulled over, safely park your car. The police officer may ask you to step out of your vehicle, and you are legally obligated to do so. The officer cannot legally search your car without a warrant, and instead, require your consent to do so.
That being said, an officer is legally able to search your car without consent or a warrant if there is probable cause. Examples of probable cause include:
- An odor of cannabis or other narcotic
- Visible cannabis products or paraphernalia
- An alert by a drug-sniffing canine
If there is no probable cause and no warrant, do NOT consent to a search. Maybe your stash is in a mason jar with a tightly sealed lid, tucked inside the backpack in your trunk.
The officer would never know.
But, if after the officer returns with your ticket for a traffic violation, and they ask if you have anything illegal in your car and whether you mind if they take a look, the answer should be NO.
Never consent to a vehicle search.
The officer is only asking because they have no other lawful reason to conduct a search. If you consent while carrying cannabis, then you just gave the officer permission to seize your stash.
And they WILL find it.
You can also forget mind games. The officer will not change their mind just because you state that you have nothing to hide. You may avoid being arrested and taken in, but you won’t get out of being charged.
Even if you weren’t carrying, are you one hundred percent positive that there are no trace amounts in your car? A tiny nug you dropped on the floor? Some shake that fell in the console?
You simply cannot be sure enough.
So, never consent to a search.
The Police Officer Found Cannabis in the Car. Here’s What to Do.
In the event that a police officer does find cannabis in your car, it’s pretty unlikely that you will be driving away.
The officer doesn’t know if you have consumed any and are now driving under the influence. They are not likely to let you go, just in case you are intoxicated and pose a danger to others. It’s more likely that you will be brought into the station and spend a night in the holding cell. At this point, you must contact an attorney with a specialization in cannabis offenses.
The potential punishment for cannabis consumption and/or possession in a vehicle varies according to where you are caught.
Obviously, consuming while driving is Driving Under the Influence. But, there is more to the law.
Traffic safety laws require cannabis to be in a sealed container in either the trunk or other inaccessible areas for the driver or passengers.
Possession of one ounce to 40 grams is considered a misdemeanor, punishable by a mandatory minimum of 24 hours – 90 days in jail. A mandatory fine of $250 is imposed for the first office, and $500 is imposed for the second or any subsequent violations. Additionally, a fine of up to $1,000 is possible.
Possession of more than 40 grams is a class C felony and punishable by up to five years in prison and/or a fine of up to $1,000. An additional $1,000 fine applies to first-time offenses and $2,000 to second or any subsequent offenses.
Once the officer finds the cannabis, there’s no getting out of it. However, it doesn’t have to necessarily be as bad as all of the above.
Here are seven things you can do if pulled over with weed in your car, suggested by legal experts.
1. Be respectful and polite at all times
This isn’t always the easiest thing to do, but it’s incredibly important to be respectful and polite to the police officer who pulled you over.
Even if they are aggressive in body language, language, or general behavior, it will not benefit you to act the same way. Do what you can to be polite and respectful; use “yes, sir / ma’am” when appropriate and without any sarcasm. Follow their instructions immediately and obligingly.
Furthermore, be yourself. Most officers are trained in personality reading, and they can tell immediately if you are acting differently because you’re trying to hide something – like the weed in your car.
2. Know and affirm your rights
This piece of advice about what to do when pulled over with weed in the car is all about the Fourth Amendment. As a cannabis user, or even a driver in general, you should be familiar with it. Let the officer who pulled you over know you are familiar as well.
The Fourth Amendment protects against “unreasonable searches and seizures.” This is the Amendment that is referred to when discussing “probable cause.”
If the police officer asks to search your vehicle without probable cause, say no and state that you know the Fourth Amendment. However, make sure you are respectful and polite as you say this.
3. If you use a “cover-up scent”, go easy with it
A strong air freshener scent coming from your car is just as much a sign of cannabis consumption as the smell of the weed itself. A single puff of the air freshener may do okay in covering up the smell, but spraying it like mad won’t do you a single bit of good.
In fact, it will likely increase the suspicion that you’re hiding a substance.
4. Carry eye drops and have them accessible
If you are ever pulled over with weed in the car, eye drops are going to seriously save you.
Remember, probable cause is one of the things that gives police officers the legal right to search you and your vehicle for substances. If you have incredibly red, shiny eyes, then you’re highly likely to get searched.
However, clearing up that telltale sign of consumption is often as easy as putting in quality eye drops. Splurge on the high-quality brand instead of the generic products to be sure you’re going to be covered.
How to Travel With Cannabis in the Car
First things to keep in mind: Make sure the weed is stored in an opaque, airtight container that is not opened near the car.
Washington has strict rules about its cannabis transportation laws. Cannabis must be kept in the trunk of the car or some other area not occupied or accessible if the vehicle does not have a trunk, or in a package or container that has not been opened, the seal broken, or the contents removed. A center console or glove compartment is not adequate.
That being said, there is still no guarantee the officer will not find the weed in your car. Some of them are very trained and know exactly where to look. Depending on how much you are driving around with, this could be a problem.
It’s definitely a problem if you are consuming while driving.
Final Thoughts on What to Do If Pulled Over With Weed in the Car
The above advice from legal experts may help you if you are pulled over with weed in the car. However, please remember that driving with cannabis is illegal. If caught, you could be arrested and even potentially face jail time and hefty fines. You may also lose your driver’s license and even have your car seized.
We do not recommend driving with weed in the car unless driving straight home from the dispensary with the haul stored in the trunk. We take no responsibility if you are arrested after following the above tips.
And, once again, NEVER smoke weed in the car.
Disclaimer: Marijuana has intoxicating effects and may be habit-forming. Smoking is hazardous to your health. There may be health risks associated with consumption of Marijuana. Marijuana, in any form, should not be used by individuals that are pregnant or breastfeeding. Marijuana is intended for use only by adults 21 and older. Keep out of reach of children. Marijuana can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of this drug. This product may be unlawful outside of Washington State.
