There is much debate among law enforcement personnel these days about whether police K9s should still be trained to alert on Marijuana. With the recent legalization of the narcotic in some states – and other states threatening to do so – the question is certainly a valid one.
We will tell you up front that not everyone will agree with our thinking in this article. However, let us give you an opinion – an educated opinion, we think.
It is our opinion that most K9s should NOT be imprinted and trained on MJ alerts. The current mood in the courts as well as new/er state laws are the reason behind the opinion.
Exceptions to this generalized opinion are SRO dogs or private security K9s. In these situations, an MJ-imprinted dog can be useful.
It is true that the states that have legalized MJ use have set limits to that use/possession. If a dog alerts to a drawer inside a home, console of a car, etc, the officer merely asks to see the required legal documentation to possess the narcotic. If the documentation can be produced then all is well – no harm done. If/when no documentation can be produced, then the case is still open. Also, if the legal amount of the narcotic is exceeded, the search is still pertinent.
The definition of probable cause has been battered around a bit since the legalization of cannabis in some states. For example, see Colorado v. McKnight, 16CA0050 (Colorado Court of Appeals 2017).
We admit that some departments will establish policies that differ from this article. No hard feelings, friend! Each department will have to use their best judgement is deciding protocol in their searches for their particular needs and area of the country/state.
No matter which policy you choose, be sure to train well and maintain that training! Strive for a competent team that is second to none. By the way, Conifer Canine can help with said training. Contact us if we can be of service to your department.
