Q&A With Marc and Craig Wasserman, Pot Brothers at Law
This article was first shared in the Prisoners edition of Fat Nugs Magazine, published in February 2025, written by Dustin Hoxworth and Jessica Reilly-Chevalier
In a world where cannabis laws continue to evolve, knowing your rights and how to protect them is more important than ever. The Pot Brothers at Law, Marc and Craig Wasserman, are world-renowned for their expertise in cannabis law and have become some of the most trusted voices when it comes to educating the public on how to safely navigate encounters with law enforcement. Their simple yet powerful mantra of “Shut The Fuck Up” emphasizes the importance of staying silent and protecting your freedom. By following their advice, you avoid self-incrimination and safeguard your rights, which will make sure you remain on the right side of the law and hopefully out of jail. Whether you’re a cannabis consumer or advocate, listening to the Pot Brothers is essential for navigating the legal landscape with confidence and security, which is why we thought a Q&A with the Brothers would not only be relevant, but extremely useful to us all. Above all, remember: cops are not your friends.Q&A With the Pot Brothers at Law
1. What’s the number one thing people need to know if they’re stopped by cops?
When you see lights pull over immediately in a safe space, turn off the engine, roll down the driver’s window enough to pass documents (if tinted windows roll them all down), and place your hands on the steering wheel. Keep your license, insurance, and registration clipped to the visor so when you have to reach for it, your hands move from the steering wheel right up to the visor to grab and hand to the cop. If they tell you to exit the vehicle you do so, so they are not ripping you out of the car, as we all have seen. Do not get confused between complying with their demands and them saying you are “not cooperating with them.” Cooperation means complying with their physical demands and handing over registration, ID, and Insurance. It does not mean you have to Discuss Your Day with them or answer any of their questions.2. Can the cops lie to you?
Yes!!! Let’s say that again – YES YES YES!!! They can say whatever they want to get you to talk. They are trained this way to get you to talk and ask questions, even if it is small talk. They will try to imply you have something to hide if you do not talk or do not consent to a search. Do not fall for this tactic. Simply indicate you are invoking your Constitutional Rights.
3. I get arrested for cannabis – what do I need to do next?
You need to keep your mouth shut the entire time while in Custody. Call the person you trust to help bail you out. It’s always a good idea to have someone you trust have the number to a bail bondsman just in case you need to bail out. That’s step one. Step two call 855WASSLAW4. What do I do if the cops don’t know the law? (like using the smell of cannabis alone as probable cause to search my car)
All you can do is stick to our 29-word Script, Shut the F*&$ Up and never consent to searches. It’s your attorney’s job to know the law. [Editor’s note: you can find the 29-word script on the Pot Brothers’ Instagram: pot_brothers_at_law] The last thing you want to do is try to show up the cop that you know more than them at the time of the stop (a lot don’t like that). Whether or not they know the law will show up during the court case. Again, never consent to the search, no matter what. If you do, then we cannot fight the search, even if it was illegal and law enforcement lied.5. If I’m a medical patient traveling over state lines, what do I need to know about protecting my medicine?
There is nothing you can do to protect it; it’s illegal, period! Always keep it in the trunk in a smell-proof container, if you are unsure of any state laws, as the smell may be probable cause to search your entire vehicle, or that alone may not be probable cause. The best course of conduct is to Google the state you are passing through, look at their possession laws and make sure your car does not smell going through those states.6. I have CBD, but the cops thought it was THC. I’m in a prohibition state. What should I do?
Hopefully, you stuck to The Script and kept your mouth shut. Once the case starts, your attorney can have the evidence tested. If it tests as CBD with less than .3% THC, case dismissed.7. If I get a ticket for weed-related charges (like carrying more than the legal limit) should I try to fight it myself, pay the fine, or pay a lawyer?
Never try to fight it yourself. Consult an attorney always. When we are doing consultations, we tell you the hard, cold truth (whether you like it or not). With a Criminal Defense Case, you either have something that’s defendable or you’re fucked and need to cut a deal.8. The cops arrested me for cannabis and used excessive force. What are my rights and recourse?
This is where it’s so important to use “The Script” and adhere to our suggestion that you comply with all physical commands. When they use physical force, they claim it’s for their protection and safety. If you have said the 29 words politely, complied with physical commands, and still they beat you up, you will have a great civil rights case to pursue.9. Weed is legal in many states. Are people still being arrested for cannabis?
Yes, we get cases every week for possession of over the legal limit, sales, and transportation charges. Cannabis is not fully legal in any state. There is partial legalization and partial decriminalization. In each state where they say it is “Legal”, “Adult Use,” or even “Medical”, there are still limits and laws that can be broken that people can get arrested for. Possession of more than 1 oz in California is a Misdemeanor; some other states have higher limits. You simply cannot buy 28.5 oz of legal cannabis at a licensed store in California because that’s .5 grams more than the 1 OZ limit if it is Adult Use. In California, if you have your Medical Card, you can possess up to 8 oz. We highly recommend people get their Medical Cards, even if in a state that has Adult Use. That is the law in California; we always recommend Googling your State on the limits for Adult Use and Medical, as they are different in each State as well.10. I can’t afford an attorney. What resources can I share with my public defender to fight my cannabis charges?
For cannabis cases, there is great information on norml.org, along with attorney referrals. You can also use a Public Defender, which at times, can be very helpful. With AI and ChatGPT, you can find a lot of great information about the laws in your state that could help you in Court.
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