THCMC Criminal Defense Lawyer:

THOMAS W. DEAN, ESQ Mr. Dean has been a criminal defense lawyer since 1993 and has been winning marijuana cases in Arizona for 15 years. His extensive legal experience also includes key leadership roles in the marijuana reform movement. Mr. Dean had represented persons charged with every kind of marijuana offense from importation and transportation to sales and simple possession. Some of these cases have received national and international attention in mainstream media outlets. For more information visit the Arizona Marijuana Law website.

Our Colorado legal adviser at Americans For Safe Access: Brian Vicente

Brian Vicente, Esq. is the Executive Director of Sensible Colorado, a non-profit working for effective and humane drug policy in Colorado. During his tenure as Director, Brian has led the organization to become the primary resource for Colorado's licensed medical marijuana patients, and has engaged in successful litigation involving the "Test Cases" of Denver's I-100 Ordinance which removed penalties for adult possession of under an ounce of marijuana. Brian attended the University of Denver College of Law on a full public interest scholarship and his experiences in law school include serving as a clerk for outspoken Drug War critic, U.S. Senior District Judge John L. Kane. After graduating, Brian was awarded a nine month fellowship to work as a Campaign Manager for medical marijuana campaigns in Colorado Springs, Phoenix, and Albuquerque. He co-founded Sensible Colorado in August 2004.

Know Your Rights

THC operates under the provisions of the Montana Initiative 148, Senate Bill 423, California Senate Bill 215, and Arizona Proposition 203. However, some local jurisdictions may place additional restrictions on your rights as a medical cannabis patient. You must determine what your local guidelines are. Until federal law catches up with Montana’s progressive stance, possession of medical cannabis remains illegal under federal law. The good people at Americans for Safe Access have prepared the following guidelines for patients who use medicinal cannabis, should you have occasion to interact with law enforcement officers.

Americans for Safe Access says:

Medical Marijuana Patients, Be Smart! Many arrests for cannabis possession are due to traffic violations and noise complaints.

  • Travel Safely: Do not smoke and drive. If you travel with cannabis, make sure your vehicle is up to code and your cannabis is concealed, preferably in your trunk.
  • Be a Good Neighbor: Loud music and domestic disputes can lead law enforcement to your home.
  • Be Discreet: Try not to smoke where others can see you and never leave cannabis items in plain view. Don’t Consent to a Search!
  • If the cops say: “Do you mind if I look in your purse, bag, home, or car?” You say: “I do not consent to a search.” When cops say: “Why not? Are you hiding something?” You say: “I believe in my Constitutional right to privacy and I do not consent to a search.”

Note: this probably will not stop an officer from searching you, but it can help get any evidence thrown out in court.


Search Warrants:

Do NOT let an officer into your home without a search warrant. Check the address, the date (reasonably recent), and a judge’s signature. If law enforcement knocks on your door, step outside and close the door behind you while you find out why they are there. Don’t leave the door open. If they do enter your home with or without a search warrant, say “I do not consent to a search.”

Exercise Your Rights!

There are 3 levels of police interactions and safe ways to handle each encounter.

  1. ‘Casual Conversation’: Ask if you are being detained. If not, walk away.
  2. Detention: If you are being detained, ask why! Make them cite the law (and remember what they say)!
  3. Arrest: Say “I choose to remain silent and I want to see a lawyer” (Remember to remain silent.)

ASA provides a wallet-sized card that contains all of the above information. Go to www.safeaccessnow.org for this and much more valuable information.