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superjet

Active member
I had a visit (waiting in my yard when I came home from work about noon last thursday) by three plain clothes cops calling themselves "the cannabis compliance committee" the ATF, DEA and metro whoever (hahaha) really, it wasn't funny but luckily I was only a couple clones in beer cups over and they really didn't give a shit as I just had 8 in flower, a couple moms and about 6-8 clones, no biggie and they didn't think so either, but took the extra.
so to you registered growers out there keep your shit tight because these guys are probably coming and will use a bullshit excuse for probable cause like they did with me "neighbor complaint" I actually laughed in their face and said bullshit and they knew I knew it, but I didn't care because luckily I had just removed my gun from the house the day before (a BIG no no), thank god!
 

resinryder

Rubbing my glands together
Veteran
In Nevada you are allowed to have a gun as long as you aren't in possession of it while under the influence under state law. Federal is another matter. I know 2 NV patients who have a concealed carry permit one of which just renewed.
The original law as well as the "new" law passed last session didn't set up a "cannabis compliance committee" either. So they lied about that. Metro does what they want to.
They still need a warrant to enter your house. Unless you invite them in.
 

superjet

Active member
yeah, I invited them in because they were very cool about it and I wanted them to see I was pretty much compliant. no guns drawn, no force and believe it or not no bad attitude either, a first for me as I've been raided in the past with and with out a search warrant and know what's up. I know they would have to have a legit reason to get a search warrant which I knew they didn't have, plus the last time I was hit with a search warrant/raided I was spotless. it's going to be harder next time for them to get one. I've made some mistakes in the past and have had to do some time on paper but no felony convictions (my badass lawyer!) here and legal all the way now days. p.s. all three cops said absolutely no guns where you are growing, period.
 

resinryder

Rubbing my glands together
Veteran
I have a friend that was raided by metros drug task force and they left his guns alone. Said it wasn't a problem. Seems every time they do this they change the rules to suit them. State law does state that mmj patients can have weapons as long as they aren't in possession when under the influence.
 

resinryder

Rubbing my glands together
Veteran
Partial re-posted info from the Wright Law Group-
Full text here--
http://wrightlawgroupnv.com/police-...rijuana-patients-privacy-rights-in-las-vegas/


"There are recent reports of teams of law enforcement agents in the Las Vegas area showing up at the private residences of persons who have been issued a medical marijuana patient registry identification card by the Division of Health and Human Services and requesting to enter the person’s home in order to conduct a search, purportedly to see the cardholder’s personal marijuana grow to make sure the cardholder is in compliance with medical marijuana laws. These teams are made up of officers from the Las Vegas Metropolitan Police Department, Henderson Police Department and the Federal Drug Enforcement Agency (DEA). One of the many problems with this scenario is that under applicable state law, except for the limited purpose of verifying a claim of authorization, law enforcement is not supposed to know who is a registered MMJ card holder.
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The DEA is not a state or local law enforcement agency: What makes this situation even more egregious is that the confidential information is being provided to the DEA. The DEA is not a state or local law enforcement agency! As noted above, NRS 453A.700 states, “[t]he Division or it’s designee may release the name and other identifying information of a person to whom the Division or its designee has issued a registry identification card to: (b) Authorized employees of state and local law enforcement agencies, only as necessary to verify that a person is a lawful holder of a registry identification card…” The DEA is a part of the teams that are knocking on the doors of registry cardholders. One can reasonably assume this information is discussed and thus shared within the team. The dissemination of the information to the DEA is clearly a violation of the law and has the potential of exposing the registry cardholders to prosecution under federal statutes and civil forfeiture proceedings.

What is being reported appears to be in direct violation of the constitutional provisions and the statutes, as well as HIPAA, as law enforcement officers appear to have the names and addresses of cardholders without there ever being a reason to verify anything. Further, it appears that the confidential information is being provided to the DEA for unknown purposes. As illustrated, this unlawfully obtained information has been used in at least once instance we are aware in order to obtain a search warrant, which the Court signed without first questioning the requesting officer as to how and why the information was obtained. Clearly not even some judges are aware of the special protections given to patients via our state Constitution.

The protection against the unauthorized disclosure of the information contained in the Medical Marijuana cardholder registry is set forth in the Nevada Constitution and is a primary reason the legislature passed laws requiring confidentiality on the part of the Division. Yet, these teams of law enforcement agents appear to be operating outside these constitutional and legislative protections.

You are under no obligation to grant consent to these warrantless searches simply because you have a MMJ card!!!"




So to recap- Warrantless searches are illegal, Metro is not to have access to your registry info unless part of an investigation or you are caught with it and you present your card to verify. Metro is in violation of federal hippa laws if they share your medical info with fed agents, DEA, ATF, etc.
 

resinryder

Rubbing my glands together
Veteran
i wonder how they determine "under the influence", is this in writing somewhere?

Under the influence is determined by a urine test or blood test. I used to know where the gun rights protections for patients was located but can't remember where. I'll try to find it if I remember, lol
 

superjet

Active member
right on resinryder, I just checked out that link to the wright law group. i'm kinda pissed and think if they ever came back I would make them get a warrant, but at the same time I know they would just make up a lie to get that warrant and then trash my shit (equipment) for sure. I guess as long as I don't flower out more than 12 at a time and have a gun around I don't really have anything to worry about. anything more and they're just going to take it.
 
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