Stay calm and be polite to the police
If you are arrested for any cannabis-related offense, try to stay calm and remember that you do not have to say anything to the police officers. You should not be intimidated into answering questions until you have spoken to a legal adviser. Give only your name, address, and telephone number, and your immediate family and employer’s numbers if asked. Do not resist arrest, even if you are innocent, as you will be charged with resisting arrest and they may possibly hurt you.
Do not regard the arresting officers as people who are there to help you, regardless of how they speak to you; it is the police officer’s duty to get you to incriminate yourself. Anything you say can and will be later used against you in any possible court proceedings.
Tips on how to behave when arrested for marijuana
Do not speak to anyone apart from your legal adviser. If you’re arrested with somebody else do not talk to them about the incident. Police vehicles and holding cells are equipped to make video or audio recordings. You have a right to make one phone call but the telephone you use will also be equipped to make an audio recording of your conversation. You have the right not to incriminate yourself. It is the responsibility of the police to prove the charge against you. Warnings regarding the right not to incriminate yourself originated in England in 1912, when the Judges Rules were introduced. These stated that:
“When a police member has admissible evidence to suspect a person of an offense and wishes to question that suspect about the offense, the officer should first caution the person that he is entitled to remain silent.”
The giving of this caution in England does not require a suspect to confirm that they understand the caution. Furthermore, the invoking of this right to silence does not prohibit officers from asking further questions. This is not the case in the U.S., where the police cannot interrogate a suspect further unless they waive their right.