Do cops sometimes have the authority to look the other way when it comes to marijuana?

Question

I plan on becoming a cop and I have a question. I've seen on different cop shows like Cops where a cop will choose to not arrest someone for marijuana possession. Is that a common thing? Personally I believe that marijuana should be decriminalized. I would like to ability to use discretion when it comes to arresting people for marijuana. Is that possible at all? Of course if its not up to discretion I would follow the law to the letter.

Answer 1

Officers have a certain level of discretion when it comes to deciding if they should arrest, cite and release, or just issue a warning.  So yes, it is possible to not arrest (or even charge someone for possession of marijuana.

However, you can not just go out and decide you're never going to charge someone with this particular crime.  It is a drug law violation not a jaywalking problem.  Most of the time (in my state) if you have any real amount of marijuana you charge the owner.  Most times it is a cite and release offense- you write the offender a ticket and assign them a court date and let them go.  For more significant amounts you arrest them and take them to jail.  If they have some shake on the floorboard of their car you tell them to clean their car and send them on their way.

Answer 2

Cops do have authority to make judgment calls, esp. in California, where medical marijuana is legal, but normal pot distribution and consumption is not. In fact, some local city councils have ORDERED their police to step aside and NOT assist Federal agencies like DEA when it comes to raiding "medical marijuana facilities".

Answer 3

they have that authority in most cases of law.those that have life threatening risks they have to act. jjust like domestic violence. the law requires the offer to take action if any party shows any type of injury. this can be as small as a small scratchdrug charges can be tricky. if it is hard drugs they can look the other way but it is not advisable.many times i would gring the joint into the ground and let them go. most of these cases depend upon how the person acts.

----------retired texas deputy sheriff----------

Answer 4

Laws differ in different states/provinces and countries, obviously. Where I live, it's legal to have less than an oz on your possesion, unless you're seen to be selling it.

If, however, a policeman wants to be a (insert word here), he could hypothetically arrest someone for any number of other offenses to punish them for the marijuana in their possession. It depends on the cop and the day. It's obviously not going to be looked at too favorably if someone is smoking clearly in a public place etc.

If you became a policeman, then yes, please, be one of the nice guys and don't actively police such a harmless plant.

Peace

Answer 5

Depending on the amount ..they just dont wanna do the paperwork.

Answer 6

Its up to the cop does he have something better to do or doesn't want to do the paper work

Answer 7

For volumes under one ounce, most police officers will simply force the culprit to dump out the contents on the ground and grind it into the dirt before doing loads of paperwork on what will eventually be bumped down to a misdemeanor possession charge once it sees a courtroom.  

Besides, 84% of this nation admit to smoking marijuana more than five times in their lifetime.  It isn't so much considered a harmful drug inasmuch as it's considered a harmless vice that is only illegal because of an archaic law.

Answer 8

well they did get sworn in to uphold the law however i feel most cops use their judgement on a daily basis. you might get lucky but why chance it and besides why are you gonna smoke pot and pop a few million brain cells anyhow?

Answer 9

Yeah it's pretty common.  Cops have to make a lot of real world judgment calls but it's not a matter of weather or not YOU believe in it.  You'll probably find a lot of other nonsense you disagree with that will have to enforce should you become a cop.

In general it's more about doing good for the community but not enforcing laws because you disagree with it is not really an option as a cop.  If you do join up they'll beat that into your head until it sticks.

Answer 10

well do honestly do in  way , but their are factors the cops would have to think about before being able to over look the possesion .. if they were working alone per say and s1 was pulled over and pot was found and he didnt call it in and no other cops were informed of this then yes he could...

but most of the time what they do is they take the cash ... ive had this happen to a friend of mine he was caught with oxys and the cops asked him .."do you wanna go to jail or go home tonight" obviouse answer was go home..and the cop simply took the cash and drove away like he never stopped..

so yes it can be overlooked

Answer 11

If they are true to their job they don't...looking the other way could get them looking for other employment!