Can anyone explain this?

[TheFatKid]

My friend got pulled over the other day, and when he got searched he was arrested for possession of paraphenelia. Now the thing is, he had just bought the bowl, and it was still in the bubble wrap with no signs of use at ALL. He is of legal age to own tobacco products, so why the fuck was he arrested?

[reality0]

have them test it for THC and when they find no evidence theyll drop the charges.


^^^

[TheFatKid]

But why would they arrest him in the first place for having it if it was sealed? Also, he was arrested for possession, but the newspaper said it was for use.

[Psycho4Bud]

I remember watching Cops one time and the person got biffed for having rolling papers without tobacco present. They put it under "intent".....for some reason I'm thinking it was in Nevada but I wouldn't want to be quoted on that one.

Laws vary by states.....might be something to check out.

Have a good one!:jointsmile:

[zino11]

he had green on him?

[cannabis campbell]

Hmm where abouts are you in america?, Im not sure on the law where you are but i know in the UK they cant do anything for paraphernalia at all but i 'think' in some parts of the US it is an arrestable offence. (http://en.wikipedia.org/wiki/Arrestable_offence)

[TheFatKid]

I'm in Connecticut, where theres basically either pipes or grinders at every gas station, and 3 headshops in a 5 mile radius. If it was illegal to have a pipe with no weed on it, then it would be illegal to sell it. Thats like a store being able to sell weed, but if your caught with it you get arrested.

[4twentE]

That's just how some cops are. He shouldn't get any charges out of it, but he can probably kiss his brand new pipe goodbye.

:mad:

[skatin_foo15]

Yeah over here in utah if you dont have tobacco with you than your fucked and then yes you will get charged with paraphanelia.

[wannabehippiegirl]

Yeah over here in utah if you dont have tobacco with you than your fucked and then yes you will get charged with paraphanelia.
thats so stupid! what if you really were going to use it for tobacco but you dont carry tobacco around all the time?
not likely but it could happen

[MaryjaneAndHashley]

LOL

So, we learned something today. Always carry a little bag of tobacco in your back pocket if you have a pipe. xD

nah, i dont care, my friends got arrested the other day with 18g's in a bag, 7g's in a separate bag and a scale (haha the police didnt even care to know what it was, just gave it back to him) and they got a 60$ fine for possession

[sam44]

^^ thats cuz your in canada

[chaliceburn]

Well, you could get a lawyer and he would certainly get your pipe back.

Why? Because there's no evidence, if he didn't have any weed on his person and wasn't believed to be high at the time the officer encountered him, there's no reason to believe it wasn't going to be used for it's 'intended' purpose.

I'd go to court myself and get my frickin' goods back. The fact that you mentioned it made the newspaper is incredible.

What are there, twelve people in your town? The cops are stupid and arrogant enough to take a legal product away from a legal purchaser?

I suspect there are other details you haven't mentioned...

________________

a clean bong is a sign of a sound mind.

[NextLineIsMine]

if he also had cannabis in his posession then yes they can charge him for paraphenilia

[S.P.Q.R.]

I had a big ordeal over some rolling papers once, since I didn't have any tobacco on me and I also had eye drops... but since they couldn't find anything on me they couldn't do anything other than harrass and try to intimidate me..

[TheFatKid]

It was in the police blotter section of the newspaper, not at actual article.

[Psycho4Bud]

Just looked up the Connecticut law:

REVISED TO DECEMBER 31, 2001

§ 8.9 USE OF OR POSSESSION WITH INTENT TO USE DRUG PARAPHERNALIA § 21a-267 (a)

[Make the appropriate deletions based on the charge against the defendant in the information:]

The defendant is charged with [using] [possessing with intent to use] drug paraphernalia in violation of General Statutes § 21a-267 (a), which, insofar as it pertains to this case, provides as follows:

''No person shall [insert as appropriate: (use) (possess with intent to use)] drug paraphernalia . . . to [insert as appropriate: (plant) (propagate) (cultivate) (grow) (harvest) (manufacture) (compound) (convert) (produce) (process) (prepare) (test) (analyze) (pack) (repack) (store) (contain) (conceal) any controlled substance] [insert as appropriate: (inject) (ingest) (inhale) (introduce) into the human body any controlled substance.'']

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt: (1) the defendant [used] [possessed with intent to use]; (2) drug paraphernalia; (3) for the purpose of [insert as appropriate: (planting) (propagating) (cultivating) (growing) (harvesting) (manufacturing) (compounding) (converting) (producing) (processing) (preparing) (testing) (analyzing) (packing) (repacking) (storing) (containing) (concealing) any controlled substance] [insert as appropriate: (injecting) (ingesting) (inhaling) (introducing) into the human body any controlled substance.]1

A. If charged with possession with intent to use:

The first element the state must prove beyond a reasonable doubt is that the defendant possessed with intent to use drug paraphernalia.
JURCRM0809 (http://www.jud.ct.gov/CriminalJury/8-9.html)

Now it's up to your friend whether he wants to pay out for a lawyer to fight the charge based on him smoking tobacco out of the pipe. Looks like you folks should have a bag of tobacco in the glove box at all times.

Have a good one!:jointsmile:

[TheFatKid]

Thanks P4B, thats a giant load of BS considering the amount of headshops around.

[Psycho4Bud]

Thanks P4B, thats a giant load of BS considering the amount of headshops around.

I agree but now that ya know.....you can play their game.;) Carry that pouch tobacco at ALL times.:thumbsup:

Just another way for them to collect some fine money. Either that or pay out ten times the fine amount for some lawyer and hope to hell that either the D.A. or the jury agrees with ya. :mad:

Have a good one!:jointsmile: