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Do cops get discretion in arresting drug users?

Say a cop pulls over someone in a state where weed is legal and he smells weed in the car. Is the cop forced to make an arrest or can he give the user a warning?

Update:

*illegal

9 Answers

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  • Archer
    Lv 7
    1 month ago

    Driving impaired is still a crime even if the weed isn't.

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  • Anonymous
    1 month ago

    All cops have discretion to enforce lesser crimes or not. Say UR a good looking blonde, car simply smells of pot, UR not driving under influence,  no moving violations, just broke taillight. Cop often gives warning BUT Can actually search car and cuff driver..

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  • 1 month ago

                     

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  • Troy
    Lv 5
    1 month ago

    It's called discrimination 

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    • Troy
      Lv 5
      1 month agoReport

      Maybe, but that isn't what it looks like when the people who aren't arrested fit a particular description. 

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  • Pearl
    Lv 7
    1 month ago

    if its legal they shouldnt get in trouble at all

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  • Tom
    Lv 4
    1 month ago

    It'll be pretty stupid to arrest someone for not breaking the law.

    • Christian
      Lv 4
      1 month agoReport

      Let’s see... ruins someone’s life for something many people are guilty of, or let it go and focus on catching actual bad guys

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  • Foofa
    Lv 7
    1 month ago

    I live in a state where pot is legal (of course not for drivers though) and the various policing agencies are under strict orders not to add to jail and prison crowding. So yeah, In California at least you can drive as stoned as you wish, and even shoplift to your heart's content, and the police won't do more than write you an expensive ticket (unless you're low income or illegal in which case it's a pass).

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  • 1 month ago

    If the driver is under the influence they get arrested.

    • Christian
      Lv 4
      1 month agoReport

      What if they pass every test?

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  • Bruce
    Lv 7
    1 month ago

    In my state, there are only two mandatory arrests. Those are warrant arrests and domestic violence. The officer has discretion for anything else.

    • Anon
      Lv 6
      1 month agoReport

      Al;l States, Stupid. 

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