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Arkansas

In reply to the discussion: I'm here, Arkansas! [View all]

missingthebigdog

(1,233 posts)
4. I have clients who already have cards
Thu Apr 12, 2018, 01:08 AM
Apr 2018

I had not heard that they have suspended issuance of the patient cards.

I believe that prosecution for possession, when accompanied by the card, would be barred. The legal analysis would be similar to that of having alcohol in a dry county- merely being in possession of it does not establish that it was purchased within the county, and because you have a right to have it, there is no probable cause to question you regarding how you got it.

I expect that there will be some overzealous officers, and a few overzealous prosecutors. We may even have a judge or two that will refuse to accept the correct interpretation. Ultimately, though, the Arkansas Supreme Court will likely uphold the constitution.

My current advice to my clients is to refuse to answer any questions regarding where they obtained the marijuana if they are caught with it, and instead assert: "I have a card issued by the State of Arkansas which gives me the right to possess and use cannabis. Here is my card. I am not violating any law, and wish to make no further statement."

Good luck!

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