{"id":7311,"date":"2023-10-26T16:13:25","date_gmt":"2023-10-26T16:13:25","guid":{"rendered":"https:\/\/portal.bluetogold.com\/?p=7311"},"modified":"2026-09-17T07:04:38","modified_gmt":"2026-09-17T14:04:38","slug":"drug-k9-after-state-legalizes-weed","status":"publish","type":"post","link":"https:\/\/portal.bluetogold.com\/?p=7311","title":{"rendered":"Drug K9 After State Legalizes Weed"},"content":{"rendered":"

Here is our next question:\u00a0 Can you use a marijuana trained dog after your state legalizes marijuana?<\/strong><\/p>\n

This question came from an officer in Kansas.\u00a0 The officer said, \u201cHey, I got a question here. You know, our department is implementing a brand new canine program. And apparently the dog is going to be proofed on marijuana.\u00a0 Now currently, marijuana is illegal in Kansas. So far, so good.\u00a0 But what happens if the state legalizes recreational marijuana?\u00a0 Are we still good with the pooch? What if it alerts on a car? Can we still search it and make sure that they are under the legalized limit?\u201d<\/p>\n

Can a marijuana trained dog still sniff a car after your state legalizes weed?<\/h2>\n

All right, let me just tell you what’s going on here.\u00a0 So your dog is proofed on marijuana today, and imagine in January 1 of next year, your state legalizes marijuana.\u00a0 Are you going to be able to do a free air sniff<\/a> of a car?\u00a0 And with that dog, the answer is most likely no, because the problem is, it’s going to alert to a legal substance.<\/p>\n

And that is not in line with Illinois versus Kabbalists.\u00a0 In Illinois vs Kabbalists, the Supreme Court said that a dog sniff is not a search under the Fourth Amendment because it invades no legitimate expectation of privacy, because it’s alerting on a substance that is not legal to possess.<\/p>\n

So a person possessing cocaine, for example, does not have a legitimate expectation of privacy.\u00a0 There is legitimate privacy inside the car, and so forth.\u00a0 But that’s not what’s going on here.\u00a0 It’s just the dog sniffing the air around the car.<\/p>\n

But if the state now legalized marijuana, they now do have a legitimate expectation of privacy in that item that is their property.\u00a0 They are<\/em> allowed to own it.<\/p>\n

Does it matter that marijuana is still illegal under federal law?<\/h2>\n

You might think to yourself, \u201cAnthony, it’s still illegal under the federal law.\u201d\u00a0 Well, I have to tell you, for most cops reading this, that’s not your problem.\u00a0 You are not deputized as federal law enforcement officers.\u00a0 You cannot just go out there and start enforcing federal law, unless you are deputized or unless you are on a task force and you have some creds from the FBI.<\/p>\n

There are other exceptions, but generally speaking, you cannot just go out there and enforce federal law.\u00a0 So it doesn’t matter if it’s illegal at the federal level.\u00a0 What matters is, what are you enforcing?\u00a0 You\u2019re enforcing state law.<\/p>\n

Now another question comes up.\u00a0 If the dog alerts<\/a>, why can’t we just make sure that they have less than an ounce?\u00a0 Let’s say that’s what your state has authorized. Well, there is no reason\u00a0 to search a car just to make sure that something’s not violating the law. There is no exception that exists like that.<\/p>\n

Can you search the car just to make sure the amount is under the legal limit?<\/h2>\n

Give me any other scenario, where you can just make sure that people are not violating a certain law.\u00a0 Let\u2019s say you see prescription pills.\u00a0 Are you allowed to search the car now just to make sure that they’re not violating any prescription pill law, that they don’t have more than they’re supposed to, or that they don’t have a fraudulent prescription?<\/p>\n

The point is, it doesn’t exist, right?\u00a0 So generally, it\u2019s not going to work.\u00a0 Now in some situations, maybe it will work. Maybe if the vehicle is occupied by people who are under 21.\u00a0 All of them are under 21.\u00a0 Well, they’re probably not supposed to have marijuana in the car.\u00a0 Your state’s going to make 21 the legal age for marijuana, but if there’s an adult in there, that adult can have it.\u00a0 So that may not work.<\/p>\n

But the point is, is you had better be able to point to something that’s illegal, not just the fact that you want to make sure.\u00a0\u00a0 That’s the problem here.\u00a0 Other states have confronted the same issue, you know; California and Colorado.\u00a0 They have all come to the same conclusion that you cannot run these dogs around cars as a matter of routine if they’re marijuana approved.<\/p>\n

Should new police K9s be proofed on marijuana?<\/h2>\n

I also recommend to other agencies that are considering getting canines to not proof those dogs on marijuana because, legalized marijuana, unfortunately, (it depends how you look at it), is coming to a town near you.<\/p>\n

There it is.\u00a0 I hope it helps .\u00a0 If you have any follow up questions let me know in the chat.\u00a0 If you like what I’m doing here subscribe to the channel and share with your friends.\u00a0 I really do appreciate.\u00a0 See you next time!<\/p>\n

Related from Blue to Gold<\/h2>\n