Does a medical marijuana authorization prevent the police from searching my house if they see or smell marijuana?
No. Under a recent Washington Supreme Court decision, a medical marijuana permit does not prevent the police from obtaining a search warrant based on the presence of marijuana. See State v. Fry, 168 Wn.2d 1 (2010). The Supreme Court reasoned that because the medical marijuana statute merely allows a patient to raise a defense at trial if criminal charges are filed, it has no impact on whether the police have probable cause to search your home.
