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Small Of Cannabis Rule Survives An Assault
Interview with attorney Charles Schierer. Episode 556 (Duration 24:34).
Charles Schierer of East Peoria, Illinois, explains why it’s a good time to change the “smell of cannabis” rule.
In This Episode…
“Would it be wrong to say well maybe an officer needs to observe something: ashes, a burning joint, rolling papers, a lighter, something?“ — Charles Schierer
Attorney Charles Schierer
Charles Schierer’s first love is practicing criminal law in federal court. He started in the Peoria County Public Defender’s Office. It didn’t take him long before he was practicing before the United States Central District District Court.
Chuck’s firm handles civil personal injury claims, auto accidents, federal criminal defense, state criminal defense and appeals. Chuck is currently the CJA Central District Panel Representative.
Contact Information
Schierer & Ritchie, LLC1009 Illini DriveEast Peoria, IL 61611
(309) 839-2024
“Can’t Miss” Moments:
✓ Why you have to divide the world into how things were before the Cannabis Control Act and how things are after the act. Before the act, the law clearly, unmistakably allowed police certain liberties. Anybody who did criminal defense work came across these cases. How do you defend against this kind of stop? Now the rules are up for grab. (Go to 4:30)
✓ Under 10 grams possession of cannabis is not a crime. Should the liberties we give to the police change accordingly? Jump to this section to listen to Chuck’s personal opinion on what the best version of the “smell of cannabis” rule should be. The rippling-domino effect gets ignored at your own peril. (Go to 5:40)
✓ The truth about what decriminalization really means. What does it mean for us? What does it mean for the police? Do we really “get it?” How is this the same as the smell of alcohol? How is this different from the smell of alcohol? (Go to 6:18)
✓ Decriminalization means possessing minor amounts of cannabis is not a crime anymore. It means all our problems are gone and we don’t have to worry about the government having their nose in our business anymore…WRONG. Decriminalization is not exactly the same as legalization. (Go to 8:18)
✓ The burning leaves example…the difference between burning yard leaves and burning cannabis leaves…a real life practical example…The absurdity of police action…What police are really looking for in these cases. Nothing wrong with being a little intellectually honest and consistent. (Go to 9:12)
✓ “Would it be wrong to say well maybe an officer needs to observe something: ashes, a burning joint, rolling papers, a lighter, something?” (Go to 13:10)
✓ We may have to rethink what we are doing in light of what other states are doing. See Massachusetts for a great example. Believe it or not, New York looks like it got it right. The further west you go, the more people begin to lose their minds. California, Arizona and Colorado got whacky with this, quite the opposite of what you would have expected from those weed loving states. Here’s the best way to interpret what those states have said on this issue. (Go to 14:40)
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By Police NuggetsInterview with attorney Charles Schierer. Episode 556 (Duration 24:34).
Charles Schierer of East Peoria, Illinois, explains why it’s a good time to change the “smell of cannabis” rule.
In This Episode…
“Would it be wrong to say well maybe an officer needs to observe something: ashes, a burning joint, rolling papers, a lighter, something?“ — Charles Schierer
Attorney Charles Schierer
Charles Schierer’s first love is practicing criminal law in federal court. He started in the Peoria County Public Defender’s Office. It didn’t take him long before he was practicing before the United States Central District District Court.
Chuck’s firm handles civil personal injury claims, auto accidents, federal criminal defense, state criminal defense and appeals. Chuck is currently the CJA Central District Panel Representative.
Contact Information
Schierer & Ritchie, LLC1009 Illini DriveEast Peoria, IL 61611
(309) 839-2024
“Can’t Miss” Moments:
✓ Why you have to divide the world into how things were before the Cannabis Control Act and how things are after the act. Before the act, the law clearly, unmistakably allowed police certain liberties. Anybody who did criminal defense work came across these cases. How do you defend against this kind of stop? Now the rules are up for grab. (Go to 4:30)
✓ Under 10 grams possession of cannabis is not a crime. Should the liberties we give to the police change accordingly? Jump to this section to listen to Chuck’s personal opinion on what the best version of the “smell of cannabis” rule should be. The rippling-domino effect gets ignored at your own peril. (Go to 5:40)
✓ The truth about what decriminalization really means. What does it mean for us? What does it mean for the police? Do we really “get it?” How is this the same as the smell of alcohol? How is this different from the smell of alcohol? (Go to 6:18)
✓ Decriminalization means possessing minor amounts of cannabis is not a crime anymore. It means all our problems are gone and we don’t have to worry about the government having their nose in our business anymore…WRONG. Decriminalization is not exactly the same as legalization. (Go to 8:18)
✓ The burning leaves example…the difference between burning yard leaves and burning cannabis leaves…a real life practical example…The absurdity of police action…What police are really looking for in these cases. Nothing wrong with being a little intellectually honest and consistent. (Go to 9:12)
✓ “Would it be wrong to say well maybe an officer needs to observe something: ashes, a burning joint, rolling papers, a lighter, something?” (Go to 13:10)
✓ We may have to rethink what we are doing in light of what other states are doing. See Massachusetts for a great example. Believe it or not, New York looks like it got it right. The further west you go, the more people begin to lose their minds. California, Arizona and Colorado got whacky with this, quite the opposite of what you would have expected from those weed loving states. Here’s the best way to interpret what those states have said on this issue. (Go to 14:40)