Just Shut The F Up, say Pot Brothers at Law

Brothers Craig and Marc Wasserman, AKA "Pot Brothers at Law", run a thriving law firm in the USA defending those facing cannabis-related charges. Aside from this, they have also achieved almost one million followers on Instagram and TikTok and nearly 5 million views on YouTube, all from a single piece of advice: Don't talk to Cops.

One of the pair's first YouTube videos 2019 outlines "The Script." Which is the Wassermans' rule on how to interact with the police in only25 words, and those 25 words are

"Why did you pull me over? I'm not discussing my day. Am I being detained, or am I free to go?" If they detained you, you simply say, "I invoke the Fifth Amendment' and then on their advice ", You shut the fuck up."

Your lawyer's telling you not to talk to the police is not a new tactic. However, the "Pot brothers" advice has become somewhat infamous, spawning many real-life media appearances. The brothers are also the joint co-hosts of the Cannabis Talk 101" podcast and have branched out into selling STFU-branded merch, including T-shirts, hoodies, stickers, coffee cups, and phone cases.

So, Is shutting the fuck up in front of the police good legal advice? And additionally, does that guidance work in the case of racial minorities, who unfortunately face violent consequences even when they follow the cop's instructions

Marc has defended clients' cannabis rights since California passed its medical marijuana law 1996. but it wasn't until Craig's son, Jerett Wasserman, faced a series of legal challenges in 2008 due to his cannabis business that the "STFU" movement was born. Jerett was initially arrested for "suspicion of cultivation and possession of marijuana for sale," but the case was later dismissed.

Marc commented that whilst Jewett wasn't strictly running his cannabis business completely legally, he was still victorious on his day in court "because he shut the fuck up and did not consent to a search."

Following this, Jerett encouraged his dad and uncle to start an Instagram account, and the rest, as they say, is history. Since that point, the Wassermans have trademarked the term "Shut The Fuck Up" and #STFU. They have also copyrighted "The Script." 

Often, people are scared to exercise their Fifth Amendment rights. This is because of the common misconception that not talking to the police will imply guilt. However, law officials, including police and judges, generally accept that even innocent people may often choose to "plead the fifth" as protection.

The Pot Brothers also operate in a market that disproportionately criminalises the Black American community. Even today, with an increasing number of States legalising cannabis, people of colour are still disproportionately arrested for its possession. According to official data, Black Americans are nearly four times more likely to be arrested for cannabis possession than white citizens. This is even though the drug usage rates are approximately the same.

The Pot Brother recommends that you do not provide information beyond your identity. This is because you are bound to whatever you say to them. You just tied yourself to that statement. It's better to stay on the side of caution and let the police assume that you are hiding something than to say something incriminating that may be used as incriminating against you.

The Pot Brothers, however, aren't telling people to be rude to the cops, as disrespect can make things worse. Instead, the emphasis is that you should cooperate and follow orders, such as getting out of the vehicle without consenting to any probe or incriminating yourself.

You don't want to say, "Fuck you, I'm not talking to you". The best way to do it is politely and calmly say, "I'm not prepared to discuss my day".

If the cops continue to question you, you should ask them if they are detaining you or if you are free to go, as this starts a countdown, and they can't keep you there until they figure something else out.

Craig continues to advise that If the police detain you, you should say, "I'm invoking the Fifth," because if you suddenly stop talking without expressly making that clear, it can be used against you. Following that, however, you simply "shut the fuck up", as it is your best defence against talking yourself into trouble.