This just in from The Department of Why I Moved Away From My Home State:
REXBURG (Standard-Journal) — The Fremont County prosecutor says a drug bust in Island Park illustrates that claiming a medical use of marijuana with a certificate from another state won’t help you in Idaho.
Aurora M. Hathor-Rainmenti, 35 , of Garberville, Calif., was arrested Friday after she was stopped for speeding near Mack’s Inn. Fremont County deputies found a baggy containing marijuana in her car with the help of a drug dog.
Wait, hold up. You were speeding. With cannabis in your car. In Fremont County, Idaho*. OK, go on…
Fremont County Prosecutor Joette Lookabaugh said Hathor-Rainmenti said she had a certificate from the state of California allowing for medical use of marijuana.
“We want the public to know that medical marijuana certificates, even if they’re from surrounding states, are not honored in Idaho,” Lookabaugh said.
She was sentenced to five days in jail, with 115 days at the discretion of the court along with an $800 fine.
In addition, there is a civil forfeiture under way on the borrowed car Hathor-Rainmenti was driving, as well as on the $514 in cash that was confiscated during the arrest.
Marijuana Law Reform in 2010 (March Update 2, with reciprocity data added)
I feel for this woman. My entire family lives in Idaho, and I am an Oregon cardholder. Every time I cross the Snake River I realize that I am a criminal even without marijuana on me because I have marijuana metabolites in me – I could be given six months in jail for “being under the influence of marijuana in a public place“. Medical marijuana is most certainly not recognized in Idaho!
I’m also very careful about using the cruise control on the freeways and vigilantly maintaining proper speed in the cities.
Medical marijuana cardholders, listen up. Your card is only valid in your state and in Michigan, Montana, and Rhode Island. That’s it. It’s a concept called “reciprocity” and we urge all reformers to include it in their medical marijuana proposals. New Jersey’s bill began with reciprocity, but it was removed in the legislative process before becoming law. The other eleven medical marijuana states do not have reciprocity and they should. (Pennsylvania’s proposal currently contains reciprocity.)
Carry your medicine on this side, you're a patient. Carry your medicine on that side, you're a criminal.
Here in Portland, we have constant inquiries from medical marijuana cardholders just across the river in Vancouver. We both live in states that allow us to possess up to 24 ounces of marijuana. We both live in states that recognize the same “Big 8″ conditions (Cancer, Epilepsy / Seizures, Multiple Sclerosis / Spasticity, Cachexia, Chronic Pain, Chronic Nausea, HIV / AIDS, and Glaucoma). We both go to medical marijuana clinics that employ the same doctors who happen to be licensed in both states. Yet if the Vancouver patient with a recommendation from Dr. Smith and Portland patient with a recommendation from Dr. Smith cross the Interstate Bridge over the Columbia River into the other state, they are each subject to arrest.
Suppose you’re a patient with epilepsy in Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, or Washington and you’d like to plan your vacation. You can’t really be without your medicine, so you can’t leave your state. You certainly can’t fly to Michigan, Montana, or Rhode Island – an airplane puts you under federal jurisdiction. You can’t drive to any of those states without passing through one that makes you a criminal.
Sorry, medical marijuana patients; this road trip makes you a criminal.
And even if you do stay within your home state, you can’t go to Alaska‘s Denali, Gates of the Arctic, Glacier Bay, Katmai, Kenai Fjords, Kobuk Valley, Lake Clark, and Wrangell – St Elias parks; California‘s Channel Islands, Death Valley, Joshua Tree, Kings Canyon, Lassen Volcanic, Redwood, Sequoia, and Yosemite parks; Colorado‘s Black Canyon of the Gunnison, Great Sand Dunes, Mesa Verde, and Rocky Mountain parks; Hawaii‘s Haleakala and Hawaii Volcanoes parks; Maine‘s Acadia park; Michigan‘s Isle Royale park; Montana‘s Glacier and Yellowstone parks; Nevada‘s Death Valley and Great Basin parks; New Mexico‘s Carlsbad Caverns; Oregon‘s Crater Lake; or Washington‘s Mount Rainier, North Cascades, and Olympic parks. Those are Federal National Parks, and you’re a criminal on those lands as well.
How many Michigan and Vermont patients do you suppose would like to be here right now?
I’m most surprised that the four Western medical marijuana states don’t recognize each others’ cards, though I do know of Oregon patients who get recommendation letters in Washington and California as protection when they travel to those states. And someday, I’m hoping with a different governor Hawaii would take the step of instituting reciprocity and dispensaries (so patients could fly without medicine) and become the medical marijuana patient’s vacation destination. The US Virgin Islands has already smelled the tourism dollars as our affiliate in that US territory crafts their medical marijuana proposals.
* I’m originally from Idaho. Fremont County is tucked up in the northeast corner where Idaho meets Montana and Wyoming at the entrance of Yellowstone National Park. Demographically very white, religious, and conservative. Not the place to be speeding with weed.
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if from another state you get a medical mj card is that card showing that you have a prescription for MJ, what is the card for if not? that brings me to another question if you are prescribed say morphine can you travel with your prescription drug can you go to jail for having morphine on your posetion in any state? so if MJ is prescribed why cant you take it in any state?
you are so right he doesnt know jack crap
My wife and I both had Medical Marijuana Cards in CA. We moved to Idaho and found the laws very strict for possesion. We were condiplating on trying to get a card in Montana, which is only 12 miles from us.
My wife has Fybermalgia, Diabetes and a rare skin disease. I have diabetes and a severe back problem. I know the severenous of buying in Montana and returning to Idaho which we believe is a less risk than trying to find a dealer here in Idaho and if caught could face severe problems with the police. We are both senior citizens and need to score some weed.
Any suggestions?
hey jack, maybe you should learn how to spell “illegal” before telling us IGNANT tokers to learn how read. Furthermore Jack, you obviously don’t know shit about how this system works, so kindly STFU.
With your personal property at risk of confiscation and the potential of extended incarsoration, this might be a good time to learn how to read and apply that skill to the laws you are trying to interprit. MARIJUANA in any form is ILLEAGAL everywhere in the United States and most other countries. States do not have the power to repeal federal laws. The US government classifies MJ as a schedule 1 drug (just like heroin).
russ , im an x radio dj and marijuana activist here in idaho and south eastern oregon . i own property in both states and iam the founding member of the 45th parallel compassion group here in ontario oregon we help patients on this side of the state. we also have a doctor who flys in from portland once a month.i just did an interview with idaho representive tom trail and the boise weekly on the issue of mmj in idaho.i would love to talk sometime thanx billydawg
I am currently considering moving. I have had some problems with the state police. When you talk about breaking up families it really hits home. I should not have to leave the state Ive lived in for thirty years. If illinois doesnt pass SB 1381 I will be forced to leave..Leave my two children who dont live with me,leave my home that I have worked hard to maintain and keep through this economy,leave my parents and relatives just so I can have a good quality of life. No right to pursue happiness here in Illinois.
On the point of not being able to visit national parks. Several points. a)There is a valid point that even though they are National parks they still reside in the state. Armed forces bases are one type of federal installations NPS are a totally different situation (that is as long as you don’t make a big deal or create a disturbance necessitating the ranger to be called in.) b) If it is legal in the District of Columbia (which is a federally regulated jurisdiction which is no different than the federally regulated NPS jurisdictions) how can it be illegal in NPS without violating the separate but equal clause. c) if the federal government has the federal medical marijuana program — referred to as a Compassionate Investigational New Drug (IND) program again the separate but equal clause has been violated and should be taken before the supreme court not necessarily on its medical merits, but on its unconstitutionality. d) my lawyer said jokingly you won’t be the only one there doing it lol. Just be careful, cautious, respectful, and above all don’t be stupid.
To start with I just was released from jail today in Idaho I did 41 days and have 160 days dis above my head 5 years of felony probation at $50 a month 100 community hours and a $1200 fine and $500 jail fees the judge suspended no less then 2 years and no more then then 5 years and a $15,000 dollar fine thank the Lord now I’m awaiting a interstate impact on my probation I can’t cross the Idaho Oregon border and go home to my family until then could be from 2 to 45 days and they don’t even start the paperwork until they receive $100 first in which my wife has been trying to get to them since the 8th of Nov only God knows when this is going to happen the judge almost based the prosecution upon the fact that I hadn’t and wasn’t strung out on other drugs and said that I had moved to Oregon strictly to be a medical marijuana patient tomorrow is the 42nd day the last day to file a appeal and my lawyer has contacted me with any thing he hasn’t even given me copies of my order of sentence He’s a public pretender I should expect no less I was told if I file an appeal it might dismiss the poss and they will refile intent to deliver and I will be facing it again and even prison time with a greater fine to get to the jitts of it I was a legal medical marijuana patient and now I’m a felon so medical marijuana is illegal in Idaho and if it is legal there not going to pursue the laws that prove it legal 37-2732 (c) so I’m writing this being resentful of Oregon for not backing and supporting there medical patients with reciprocity and resenting Idaho for not recognizing legal documents and a legal medication so now I one of them that will take to my grave that medical marijuana is the best medication I’ve ever had for my condition but I will never stand up for it again(and with that I bid you all adue and adaw)
What you’ve discovered is that a national park is federal territory. Even medical marijuana patients have been arrested in Yosemite.
You’ve also discovered civil asset forfeiture. You can get your property back, if you can prove in court you didn’t buy it with the proceeds of weed dealing.
I would check our legal listings at norml.org and get yourself an attorney who specializes in civil asset forfeiture cases. Good luck.
I have a CA card and was pulled over in Yosemite National Park for apparently no reason. My GF and I were asked to step out of the car while they searched. They found about a quarter ounce, confiscated it and gave me a ‘bailable’ ticket. I have been on the phone with them ever since trying to get my property back with no luck. I want this charged dropped and my property returned! The ticket amount is $500. Who can I write to? Can I sue the goverment to get my property back? I don’t want to spend a fortune in legal expense but then again, I need to somehow leave an impression on these pig bastards to prevent this from happening to others.
Warning to all: Be careful in national parks. These cowboys apparently have the right to pull anyone over and STEAL their property.
You you could edit the post name In Idaho, your medical marijuana card gets you five days in jail and costs your car and $1,300 | The NORML Stash Blog to something more catching for your blog post you make. I liked the post however.
I would love to be a working part in the effort for Idaho. I’m currently 19 and a convicted felon for possession of cannabis. I was convicted. Month after my 18 th birthday. I am wanting to get a card and grow in which case I believe I will be going to washington Nevada or Cali.
No, it is not legal at all. Please email me at stash@norml.org so we can dispatch an attorney to deal with this.
I just had a visit from a local friendly law enforcer told me to quit writing NORML said they traced thru computer signature and Internet provider said there watching is this legal under freedom of speech what the hell !!!!! I’m just commenting
Since 1982 Compassionate Investigational New Drug Study Program has old findings.Prop 19, $600.00 per square foot criminally punitive taxation no vote is a yes, yes vote is a no.Same old say what you want to hear story vote for me.I’ve done this I’ve done that or I’ll do this I’ll do that, blame the people politics. Political mud slinging at there Opponants or the Public.When will the War of words end against the people.They would like to keep you paranoid of your neighbor’s.If there was no crime they would make it a crime.The thing about politics that I’ve seen is if it not broken they keep trying to fix it.I’ve also noticed no one address’s right to travel from state to state call it what you will reciprocity I call it a fundamental right of passage.I feel I’m the only legal patient that has Family I care to see. I read this and that with no progress being made and if there is progress it’s not in Lamens terms and words are multi placent or sub sequence and it’s slothful and it’s pathetic in it’s becoming.
Strawman fallacy is commited when a person simply ignores a persons actual position and substitutes a distorted exaggerated or misrepresented version of that position.
EXAMPLE
1 Person A has a position X
2 Person B presents position Y ( which is a distorted version of X )
3 Person B attacks position Y
4 Therefore X is false/incorrect/flawed
This sort of reasoning is fallacious because attacking a distorted version of a position does not constitute an attack on to position itself.One might as well expect an attack on a poor drawing of a person to hurt the person.
1st what came first the Chicken or the Egg ?THE SHELL did . 2nd how can you Judge something you’ve never done?Interestingly read the Bible, Rev 22:2 how can I Judge the Coran when I’ve never read it?So how can a Judge of the Courts Judge another for using marijuana medicinally if they have never used it medicinally there selves? I’m all for law reform if it is needed but first let’s try too interpret the laws that already exist to our needs and fulfillment not the prosecutions purpose.
Need a Lawyer, and a little advice please.
Got ticketed in Coeur d Alene Idaho over Labor Day Holidays.
We flew in from Tucson, AZ. to visit family.
Raided our hotel room.
No warrant.
Our rights were violated from start to finish.
Need a referral to a flexible lawyer cuz this is only the tip of the iceburg.
thanks
I operate tucsonmedicalmarijuana.org, an upstart website in antisipation of November’s vote here in Arizona..
Not sure what you mean by a “reciprocal clause”. Prop 19 makes it legal for any adult age 21 and over to possess and use cannabis. You don’t have to be from California.
I feel for you,it seams like it doesn’t matter until your the one being prosecuted it’s a medication on one side and pot on the other side.After you go through it and lost all your rights as a felon you’ll start considering yourself a prisoner of a unsaid war.People don’t understand that if one patient is prosecuted all patients are being prosecuted under case law it doesn’t matter what state you’re from.All medical marijuana patients need to figure out that there just political prisoners of your state of register.And concerning this proposition 19 I’ve read it and they surely didn’t add a reciprocal clause.
i have a ? to any one that can help me i was driving from ca to colorado with my medical marijuana
got stopped in utah . they are trying to give me felony.
does any one know of a statue or law that makes it legal to drive throu with my meds.
thank you for your help…….
I was under the impression also that you have the Right to Travel with your property isn’t your medication your property. It’s a Constitutional Right to Travel is a fundamental right to Life, Liberty and the Pursuit of Happiness.This is insured under Common Law of necessity. Reciprocity needs to be with all States not just the surrounding States.If Idaho passes a Medical Marijuana Bill will it have a Reciprocal Agreements in place or will there Patients be prosecuted out of State also.
Check this out Google Liberty Leaf , It the responsibility of every citizen to question authority (Ben Franklin)
Idaho codes and Statues Reciprocal Agreements out of state treatments 31-3503 B (Reciprocity)
Now you’ve learned a very important lesson: being a medical marijuana patient don’t mean jack in Idaho.
Never never never consent to a search! Never answer the “do you have weapons or drugs” question – especially if you do! Say “Officer, I’m very uncomfortable answering any questions without my attorney present and I’d just prefer to remain silent. I don’t consent to any searches and would just like to be on my way.”
You will be front page news if you’re allowed to present a medical necessity defense in an Idaho court. There is no such thing as medical marijuana in Idaho, it is just another schedule I controlled substance there and you are just a criminal.
I am so sorry for you and wish you all the best of luck and I hope someone else can benefit from hearing your story.
I’m a legal medical marijuana patient in Oregon. I was traveling home one night from visiting a relative in the hospital in Idaho.I was pulled over for no tail lights.The ISP Officer asked me if I had any drugs or weapons. Being honest I told him I was a medical marijuana patient and gave him my patient identification and told him I had my medication in the back of my truck in my duffle bag. Just as I’m suppose to do,he went back to his car ,came back and asked for my pipe .And I gave it to him then he told me to get out of the vehicle and step to the back of my truck.He then arrested me , He then told me to take my boot off on the side of the interstate.Now this was in february and it was cold I start to shake uncontrolably.Then he started saying that I had injested something and he called in a ambulance. The ambulance came and they placed me in the ambulance ran two EKG’s and a blood test .Found nothing and then took me back to the Officers car cuffed the whole time.He searched my truck and found my medication right wear I told him it was.Then he took me to jail.Thinking he had my patient identification card in which he didn’t he had discarded it on the floor of my truck. Now I’ve gone thru Magistrate court and it’s gone on to District court. My Attorney at first told me there was no defense.and they come up with then common law of medical necessity.Under case law,The District court Judge won’t allow this defense even given I had paper work from my Doctor and from the Dept of health services.I had to give a conditional plea of guilt to reserve my right to appeal.And the Prosecutor can still switch up the charge from just possession of a controlled substance to possession with intent to deliver if I take it to the Court of appeals.Now I being sentenced and I’m facing 2 years fixed and 3 indeterminate a $1000 fine and felony probation for 5 years and 45 days in there county jail and community service.All the Information I have found stated if it was recommended by a legal Doctor and under the care of it was legal . I feel mislead in all the information given to the public. Controlled substance Act Idaho code 37-2732(c) I’m being prosecuted on Idaho code 37-2732(e) with the Issue of the use of the Jury Instruction on the theory of the Necessity Defense.
COMMON LAW OF NECESSITY
The common law of England,so far as it is not Repugnant to, or Inconsistent with, The Constitution or the laws of the United States,in all cases not provided for these compiled laws , is the role of decision in all courts of this state,
ELEMENTS OF COMMON LAW OF NECESSITY
1 A specific threat of immediate harm.
2 The circumstances which necessitate the illegal act must not have been brought about by the defendant.
3 The same objective could not have been accomplished by a less offensive alternative available to actor.
4 The harm caused was not disproportionate to the harm avoided.
Living an Honest,Healthy,Independent Life style
Vote Vote Vote them out and put in those for MJ in office. Register now to vote in November. We can make this happen if we get out and vote.
There is no Idaho NORML… want to help us form one?
who is charge of idaho norml?
It is time for Idaho to put a Medical Compassionate Use exemption to it’s MMJ laws. Good upstanding Idahoans with a medical need are being displaced to other surrounding states. This is breaking up homes, causing excessive cost when money is very tight and forcing good folks to take criminal risk for the sake of being able to use their God given medicine and exercise their civil rights. Come on Idaho, “REPRESENT” and be proud. Bring your sick and disabled home with honor and dignity. On the same note, recognize patients from other states in our union with a reciprocity clause. The time is NOW.
Idaho like Utah is a Mormon state, they think if you smoke bud – minorities will sleep with their daughters…but it’s ok for them to get drunk…drive and kill.
Come on Obama slap these More-mans around for us so we can be free 2…an original Idahoan!
[...] In Idaho, your medical card can earn you five days in jail. [...]
Idaho… My girlfriend and I spent the night in the Jefferson County jail. We are from Montana and were driving through Idaho. She was driving and pulled over for not dimming the headlights. The cop gives her a sobriety test and its night, cold, and she is nervous and sober. According to the cop she failed the test and arrested her on “Driving Under the Influence of Marijuana”. The cops were dicks, and totally intimidated her. She tells them I have some herb. They search the car, find my less than 1 gram, arrest me. My bail was $20,000!!!! Her bail was $2,000. Anyway, after a year long legal ordeal, I paid a $700 dollar fine. The charges were dropped against my girlfriend because the pee test she took at the jail was clean. Our lawyers had a difficult time getting that pee test info, apparently they didn’t want to give it up.
I can’t figure how they justify a possession charge with a 20k bail and a DUI at 2k. I also recently meet another Montanan who was pulled over by the same cop in Idaho, and pretty much the same old story.
I live here and have no hope of medical cannabis. I suffer from fibromyalgia and it helps a lot, but I can’t afford to buy it and won’t grow it even if I could. I take anything I can get my hands on for the pain. Vicodin, percodan, codiene, morphine, valium, and booze. Just not all at the same time. Not to mention 3 advil every 4 hours.
Idaho, although beautiful, suffers from a chronic plague of assolitis. The most republickan voting state in the nation and the people here are of somewhat lower caliber personality-wise, compared with the other 13 states I’ve been. Almost as bad as Nebraska. Just kinda selfish, angry and condescending. Too much religion and not enough spiritualism.
The political landscape is improving, but I’m over 50 now and wont live long enough to be proud to be an Idahoan.
I’m sick for this poor lady.
I live in Alaska where at one time it was legal to possess a certain amount.. But now its illegal. Its a shame that the state can’t honor each others cards. As one who suffers through chronic pain it would be nice to be able to travel and live your life like anyone else.
I would have thought something like this was already common knowledge by now but since patients still keep getting busted in other states w/ their medicine it’s probably best to remind them of the laws. Good post, Russ.
This statement is a little off-topic (I’m sorry)… but, hey, that last photo is of Hanauma Bay in Oahu! I’ve smoked there a few times w/ my local friends when I used to live there. Come to think of it, there probably aren’t many places that I haven’t smoked at on Oahu.
Not a medical marijuana card holder, yet, however the Federal end of this battle does concern me. When I’m able to have the medical mj it won’t stop my concern nor frustration over those who live on military bases, which are Federal, that won’t be able to use cannabis. It’s not easy to go off base, use your med, and then go back on base, that simply wouldn’t work.
With all the state’s progress, which is wonderful, it’s my opinion that we should refocus on the Federal level.
Was there a typo? “And someday, I’m hoping with a different governor ….. (so patients could fly without medicine) and become the medical marijuana patient’s vacation destination”.
The part in quotes?
Wrong on both counts. Medical marijuana cards don’t make your use legal, they give you an exemption from criminal prosecution in your state. California can’t force Idaho to not prosecute someone for something that is illegal.
And thanks to the ironically named “Defense of Marriage Act”, none of those gay marriage licenses from any of the states that recognize fundamental equality are recognized outside of their state.
Wouldn’t states have to honor medical marijuana cards just as they would gay marriage licenses from other states living in states where it is outlawed under Article 1, section 4 in the Constitution?
Wisconsin’s Jacki Rickert MMJ Act, patterned after MI’s, includes reciprocity. You can read the bill at the JRMMA link.
~Even though certain places say you’re OK if you have a card, they still illegally raid and degrade you- it is really messed up. I live in Metro Detroit, Michigan and a lot of people I know have gotten in trouble even with a card- it is disgusting what they put these people through. We need to work to change at a federal level and more people need to speak out so that they stop arresting patients and non-violent offenders.
I love what the NORML organization stands for, and the people they reach out to help- Keep up the good work!~