Dealing with the Police:
If questioned/arrested by police for your possession and use of medicinal cannabis we advise
you to politely and firmly limit your statements to the police and any questioning by them to
the following:
(a) You wish to exercise your right of non-consent to the police entering and searching your
residence, motor vehicle or person;
(b) You wish to exercise your right to silence; and
(c) You wish to exercise your right to speak to a lawyer.
These are your rights. Do NOT be persuaded to answer any questions from the police except
the above responses claiming your legal rights as this could jeopardise your position in any
court proceedings.
If the police claim to be entering your residence under their powers of the Search and
Surveillance Act 2013, ask to be shown proof of their identification and have them declare in
writing their cause for belief of their right to claim entry and search your residence under this
Act.
In the event of any intimidation or bullying questioning from the police, politely and firmly
remind them of your right to silence, if necessary.
Ensure that you do not speak to the police at any time except in the presence of your lawyer.
If you do not have access to a lawyer, ring us at Aotearoa Patient Advocates immediately on 0212320820 or 03 742 1172.
Additional protection of your rights can be secured by using a mobile device to record audio and video of your interaction with Police.
Going to Court:
In the first instance we would ask Police to consider Diversion in your case and present them with the evidence of your legitimate medical use. (see Medical Support Form)
If Police decide Diversion is not available to you we can have that decision reviewed by a senior officer or have those decisions placed under Judicial Review, providing further opportunity to present the evidence of your medical use and have it considered.
If Police decide that the prosecution must proceed, we will connect you with expert witnesses who will appear on your behalf before the court and attest to the genuine nature of medical cannabis use as a phenomenon in New Zealand, and present the evidence of your medical status in that context. We will also provide the court with detailed affadavits that clearly outline the evidence of your medical condition, and the doctor approved, therapeutic nature of your cannabis use. (see Sample Affadavit)
All of this evidence, when clearly presented by professionals, will persuade the court of the lack of public interest in furthering your prosecution or inflicting any substantial sentence.
The Courts, the Media and the Public now recognise that genuine medical cannabis users are suffering patients who do not deserve to be further persecuted by our outdated prohibition laws.