Legal Advice

Discussion in 'General' started by bluberryTXsmoke, Sep 26, 2010.

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  1. I never go anywhere with paraphernalia. My glass stays at home and when I'm smoking on the go its with a J. I've always felt this was much smarter than getting caught with both possession and paraphernalia. Do you think this is a reasonable measure? The thing is I'd love to be able to go out with my dugout sometimes.

    Where I live (MN at home/Madison, WI for school) the laws are lax on possession in most circumstances, but a paraphernalia is actually worse it seems. For instance, NORML lists a paraphernalia charge of $500, does that mean that it could be up to $500, or a flat out $500 no matter what? Some of my stoner friends who have been caught have tried to tell me that the paraphernalia charges aren't as bad with something minor weed related, rather the max is for something worse (needles, meth pipe, etc.).
     
  2. It really depends on the judge and the situation. I'm glad to hear that you don't travel with your glass, im the same way about my bongs but the only one that leaves occasionally is my 1 hitter dugout. I think its the way to go, and you should remain cautious.

    The $500 on the website is a max (if that's the only charge you receive) BUT, in many instances you will get the maximum fine. So i would continue what you are doing. Plus they usually find a way to give you multiple charges. Example, the paraphernalia is in your car when you get pulled over so you get a DUI or a possession because there's a loaded bowl in it.. etc. Here in Texas i know a few people who have received paraphernalia charges, and they are worse in parole length/amount of time than just a simple possession charge.

    I hoped that this helped! Stay high, stay safe.
     
  3. Yeah man that helped, thanks. I'm just going to keep doin' what I've done. Kinda sucks where I'm from they decriminalized marijuana and thats all good and all, but paraphernalia is still as fuckin' illegal as it was before. Too bad its just 'drug paraphernalia', they should make a distinction between marijuana-related and other drugs. My friends always think I'm paranoid by always using joints and never having a piece, but its pretty logical. I think if you can find loopholes like that to your advantage, use them.
     
  4. I couldn't agree more. Your friends may think that you're "paranoid" but keeping your glass in your house is worth avoiding a $500 fine/Paying a Lawyer/Getting on parole/ruining your record (assuming its clean.)

    I can't stress enough how important avoiding unnecessary risk is.
    Keep making good choices! and stay high! :)
     

  5. Yeah I'm on informal probation. And No my PO was never moved. Which is why i'm on informal probation :p
     
  6. you my friend... are in a very, very unique situation. If i were you i would contact your parole officer and make sure it is alright for you to use medicinally.Make sure that you have your license and point out that you are NOT using it recreationally. Tell him you are still willing to take the drug screening.

    Also, I would avoid smoking until you know you can under your terms of parole. I apologize I couldn't help more. Hope it did a little!

    peace and pot
     
  7. Probably cause for a search for cannabis can be basically any indicator that you have smoked, or have marijuana in your possession. For example, the smell (which includes smoked or not smoked,) having red eyes, slurring your words, any other give away that you're "intoxicated" in any way.

    Yes. If they DON'T find anything on you, you simply say "Am i free to go now or am I being detained?" however, frequently the cop will say something along the lines of "No i just want to ask you a few questions." which is technically not legal unless they're detaining you, but then they can just say they WERE detaining you later in court.

    I'm glad that you checked that sight out! It is very useful and has a lot of good tips. Here is the link for anyone that is interested: How to Flex Your Rights During Police Encounters

    I hope I helped! Peace and Pot.
     
  8. #28 bluberryTXsmoke, Sep 28, 2010
    Last edited by a moderator: Sep 28, 2010
    BluberryTxsmoke's Tips If You get Pulled Over

    I'm making this small guide as my own version of what I suggest you do if you're pulled over. keep in mind you can do whatever you please and say whatever you want to the police officer who pulled you over, but this is how I suggest you handle the situation.

    1. When the cop first turns on his lights, pull over in a safe and clear area, make sure you signal with your blinker if you need to turn to get to the side of the road or go on a less busy road.

    2. Roll down your window the minimal amount, try to have your license and registration ready when he comes up to the window.The officer will most likely ask if you know why you were pulled over. Either say "No I don't officer." or "I would like to practice my fifth amendment right." I suggest the first. This way you aren't admitting to the "crime" that you were pulled over. If you say "yes i was speeding" then you just admitted to the crime, and did his work for him.

    3. Don't lie to the officer. They're good at getting you in trouble by catching you in your own lies. They also might question everyone in the car separately, and if you don't have similar stories, you are immediately marked as a "red flag."

    4. If he asks if its alright for him to search the car, or "have a look around" say that you do not consent to any searches.

    5. He might ask you to step out of the car, do so--but shut the door behind you and lock it. If he asks why just simply say "It's a habit."

    6. If you feel like the questioning is unreasonable, you can ask "Am i being detained or am I free to go now?" Note: the officer might ask why you are not consenting to searches/don't want to speak to him in which case,

    7. Say that you want to exercise your rights as a citizen. Make sure you are respectful and polite the entire time, but don't give in to their friendliness or intimidation (officers will often times use both)

    This guide should help you exercise your rights in a traffic stop. If you have any questions, just ask! I hope this guide helps at least one person to know their rights, if it does--then it was worth it.

    peace and pot

     
  9. Here's a legal question for you, is it legal for me to set up a sperm collection agency where people would pay hot girls to come collect their sperm?
     
  10. I contacted my P.O. and she actually ENCOURAGED me to get my medical card because I would legally be allowed to possess marijuana. She also said that because of where I live I don't have to take drug tests as part of my probation. And if everything goes well they will also shorten my probation time.
     
  11. #31 bluberryTXsmoke, Sep 28, 2010
    Last edited by a moderator: Sep 28, 2010
    haha well im more here for marijuana related legal advice. BUT if you really want to know, it is NOT legal if the girls are "helping" the guys collect the sperm. That would be solicitation of a sex act. But If you really wanted to, you could start a sperm bank where hot girls give the guys the cups/magazines and then retrieve them when they're done.

    haha but if you mean like a legitimate whore house, then no. too bad:devious:

    edit: and from the fair employment opportunity act, if you hired employees based on their attractiveness it would actually have to be listed as a modeling position haha.
     
  12. Glad to hear! I'm really glad that you checked up on the legality of it before you started smoking again. I wish you luck and I'm glad that your probation time will probably be shortned! I hope I helped some.

    stay high.
     
  13. I found a guide that will hopefully help you. I know some about the Canadian Legal System, but like i said it is not as predictable as ours.

    Here's the link:
    B.C Civil Liberties Association

    I hope this helps you!

    -bluberryTxsmoke
     
  14. #34 bluberryTXsmoke, Sep 28, 2010
    Last edited by a moderator: Sep 28, 2010
    Police at the Front Door? Guide

    For whatever reason the police may come to your front door, you need to be aware of the best way to handle this situation, as it can easily be avoided.

    First off, If the police do not have a warrant, and knock on the door to "talk" to you, you don't have to answer. This may cause them to go get a warrant if its a serious enough issue, but most of the time, they'll simply leave.

    If they want to talk to someone in the house specifically, tell them they do not wish to talk unless they have a warrant. Also, if they ask for their personal information from you DON'T give it to them. (unless your friend wants them to for whatever reason) they may threaten you with an obstruction of justice charge, but you can't get one if they are really just there to talk to the person.

    Try to either talk to them through the "chain lock" on your door, or step out and great them. I suggest you step out and close the curtains so the only thing they can do is talk to you, which will get them no where if you know your rights! And remember, police ARE allowed to lie to you.

    Also, if they come to your door with reports of drug activity or suspicion of a grow operation, make sure they have a valid and current warrant, not an expired one. They must show it to you, they can just go "We think you grow weed, we're coming in."


    This guide should help you if the cops ever decide to pay you a visit, especially if you're growing bud or have illegal contraband in your house. I wish you luck and remember the number one rule: DEMAND A WARRANT FOR ENTRY.

    Good luck everyone! hope this helps.
     
  15. #35 bluberryTXsmoke, Sep 29, 2010
    Last edited by a moderator: Sep 29, 2010
    Do you guys find these guides i make useful or should I stop writing them?

    Suggestions are welcome as well! questions/comments?
     
  16. Can I get some advice on a ticket? First speeding ticket ever, happened in Florida. 69 in a 45. Threatening 4 points as well as the price of the ticket. If I take the traffic course, and get the 4 points removed, can my insurance still be raised? Also what's the best course, should I fight it, just pay it, what?
     
  17. I'm not very familiar with Florida's point system. But if it is like Texas' you will definitely want to take the defensive driving course, even if it doesn't keep your rates down, just so that you can get those 4 points reduced to 1 or 2.

    If i were you I would take the course to get the points removed. They may allow you to also not have to pay your ticket. I know that in Texas you would not have to, unless in a school zone/construction zone. I have no idea how or--IF your insurance company will adjust your rates. I don't have enough details to determine that.

    So take the course to rid the points, and in the process you might not have to pay more for insurance! Oh and good luck at defensive driving, I suggest a fat bowl before you go because it is not very fun.I hope this helped!

    Peace and Pot
     
  18. On the ticket it says if you elect the traffic school, "adjudication will be withheld and points will NOT be..." Does this mean I won't have to pay it? I'd love to not have to pay it after traffic school. The police officer said I have 3 options - Pay the fine in 30 days, court, or traffic school, does that imply that I won't have to pay it if I go to the school?

    Thanks so much.
     
  19. I'm not exactly sure that means you will not have to pay the ticket. What does it go on to continue to say? You will NOT be what? I don't think you will have to pay the ticket usually you don't but at the same time 4 points is a lot for just a speeding violation.

    Sorry I couldn't tell you any more, i should be able to tell when I know what else the ticket says.
     
  20. I'm not exactly sure that means you will not have to pay the ticket. What does it go on to continue to say? You will NOT be what? I don't think you will have to pay the ticket usually you don't but at the same time 4 points is a lot for just a speeding violation.

    Sorry I couldn't tell you any more, i should be able to tell when I know what else the ticket says.
     
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