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alright so i got pulled over with a male marijuana plant in the car. is a male marijuana plant considered hemp? The police searched my car and found my pipes and shit, and gave me a fine for disorderly conduct and didn't even mention the plant on the ticket. they called my parents later though and said they would decide if they were going to make criminal charges.....but they did not know it was a male plant. any help or info would be great. this just happened like 3 hours ago.
A fine for disorderly conduct? Because you were being disorderly, I gather? Did they mention possession/intent to cultivate/distribute or list paraphernalia on the ticket, too?
Little hint in order to let your threads live healthy ongoing lives here, particularly since this is now an adults-only site. I wish more people would learn this. Leave references to parents out if you possibly can. Nothing calls into question your maturity more quickly, even if you're past the age of majority.
i'm 18, it's just that i guess they called because they weren't sure what they were gonna do. all the ticket said was paraphernalia and residue in the pipes
You didn't answer my question about disorderly conduct. That will factor into whether criminal charges might be filed.
oh sorry, no i wasn't actually, i was being polite and trying to help out with what i could to tell them where my pipes where when they were searching the car.
If your an adult why did they call your parents?
Have a good one!:jointsmile:
That's what i don't get, they said i was free to go after writing up the tickets, but when i got home i wasn't even going to say anything until my mom said the cops called, which was why i was like wtf?
So what'd they base that disorderly conduct charge on? It sounds like you might have had a couple of officers who weren't familiar with the codes they were enforcing. I also wonder if that's why they had to tell you they weren't sure if they'd file criminal charges or not--because they weren't sure themselves if they had more charges to bring against you. Were you by any chance in a small town or in a rural area? Were they police officers, sheriff's deputies, constables, or highway patrolmen? I'm just curious about what level of officers they might have been and what the circumstances were.
Sounds like you simply got a misdemeanor citation and nothing more. They'll submit the report to their supervisors, who'll review it and help them decide what their next steps need to be if there are other charges to be brought against you. No one can tell you you won't receive further charges, but what I do know is that officers tell young people like you hat very same thing on every shift they work and they mostly do it to put a scare into you and nothing more. Most cops recognize that kids and cannabis are a routine, non-dangerous combination. They have bigger fish to fry and bigger cases to spend their time pursuing and going to court about. I suspect that unless they're the most small-town, provincial cops and this is a unique type of experience for them, you won't hear anything further. Can't guarantee that, though. No one can.
Why the question about hemp? Did they identify your plant as a hemp plant? Cannabis and hemp are the same thing, in case you didn't know. Hemp is the common name for cannabis sativa, but the stems and fibers that form hemp aren't the plant parts that people smoke and don't contain the THC content that the buds with trichomes do. So if you had a male plant, yes, you had yourself some hemp there in your planter.
You'll want to be extra careful between now and the time you pay that fine and that ticket case is closed. By that I mean don't carry any more paraphernalia or weed in the car with you and don't get stopped again or charged with anything. You don't need any additional trouble while this case is pending.
i think that might actually be illegal to call your parents about it lol. cause when i got caught the cop said i had to call my parents cuz some of the privacy laws we still actually have prevent them from distributing info. n the only reason i had to get in touch with them is cause i was in my pops truck lol they made me break my bong n my scale n my steam roller n rip my papers up and squish my roaches. what a mess that was and than they made me clean it up!!!
No, they can call parents perfectly legally, but that's why P4B asked his question and why I urged you earlier to leave that part out on posts here. They generally don't call parents unless kids are under 18 and are wanting to let the parents know what their minor kids are up to.
Not sure what privacy laws you're referring to, Domluvz. If you can find me those laws relating to police encounters with minor teens or adult children still living at home with parents, I'd like to see them. You'll have a lot easier time finding information about the concept of attorney-client privilege or about medical privacy. If you're charged with a crime or a misdemeanor by public servants, that's public information, whether you want it to be or not.
birdgirl, thanks so much for all the input.....they were i believe just county police officers... i was originally pulled over for speeding while driving my brother to his basketball game, while transporting this plant. As i was getting pulled over i threw a jacket over the plant. The officer came to my window said i was speeding....gave him my license and registration....he then went back to his car. another officer arrived, walked up shined their flash lights in, saw part of the plant i guess and asked to roll the window down. he uncovered the jacket hiding the plant....i was then taken out of the car, handcuffed, frisked, and placed in the back of the squad car as they searched my car. Then two more squad cars rolled up, totaling 4. (this is somewhat of a small town by the way) They found 1 big grinder, 1 small grinder, 2 pipes, a dugout, and a hookah(not used for marijuana with the tobacco jars in the case) they said since i was legally an adult he did not have to call my parents. in the squad car after while the officer was filling out the ticket for disorderly conduct, he said now that the business is over i have a personal question. i said sure, and he said "that for my own personal interest how long i have you been growing the plant"..... so i told him about a month of vegging, then i switched to 12/12 light cycle about a week ago. he followed that by saying, "it looks really nice" he also said by smelling the big grinder he could tell that i was smoking really good stuff. and also that he was young before but the most he carried around was wraps or a pipe at most. if it goes to court, could this be used against him? also, the reason i was wondering about the hemp plant is because if they decided to file criminal charges, could it end up still being just the fine rather than a misdemeanor, because it was male and therefore not smokable?
growing a plant is illegal. wether its a male or a female dont matter in the eyes of the law. hemp and marijuana are both illegal in the US. so dont matter wether you want to claim it as hemp or pot. also since you had pipes papers and a steam roller on you they would provably discredit your hemp defense. look up the laws in the US they dont say marijuana or hemp but state cannabis in any form or part is illegal( not the exact wording but close)
also male plants are smokable just not desirable. they do contain thc they will get you high. they just aint as tasty, or produce as much as females.
if you are over the age of consent and you were drivin your dads truck then that is the reason that your parents were informed. not because of the charges on you but because it involved another persons vehicle.
now i have a couple questions
1) why are you keeping a male plant?
2) why are you riding around with all this stuff taking your little bro to his basketball game? you do realize that you could have been charged with corrupton of a minor beause of this?
i was actually getting rid of the plant.....it was only in the bloom cycle for about a week.....so it was about a foot tall, and it had the male pre flowers, so it was not technically fully developed.
So what was thier probable cause to pull you in the first place?
speeding
So you've got a plant, and plenty of paraphernalia on you and you speed? Don't you think that would be ill advised?
i wasn't even aware i was speeding, because near where i live there aren't many police officers.
lol, that made no sence at all.Quote:
Originally Posted by Bwh1116
haha, yea you're right, i meant to say besides. but yea, i didn't even know i was driving fast until i noticed what i thought was a cop car following me(it was night so wasn't sure).
Bwh, I haven't had time to further respond, but frankly, your story doesn't add up. Every time you've told it, some detail is different, including the gender of the plant, which you originally said was male but which in a subsequent thread you said had a bloom cycle. I assume your more thorough explanation in post #11 above was the closest to the true sequence of events, but I can't be sure because the story has changed with every retelling.
That cop was asking you the questions "for his own personal interest" because he was trying to find out the scale of your cultivation, and he was pretending to be very friendly and conversational so you'd open up and incriminate yourself. You gave him everything he wanted, and it's no wonder they'll need to decide what further charges to file. I think you should prepare your folks at home for the fact that you may need an attorney and go ahead and come clean with the whole story to them because, now that I've read your more complete explanation, I suspect you could easily receive further charges. Don't answer any more questions, if they're asked of you, without an attorney.
You need to watch the video below several times and become very familiar with its content. And you sure as heck need not to drive with paraphernalia or weed ever again. We have a member here who likes to come on most weed and driving-related threads and berate young people for what he always terms stupidity for having made that mistake. I think it's always better to teach than to berate, so please learn from this situation and make better choices next time.
[YOUTUBE]http://www.youtube.com/watch?v=yqMjMPlXzdA[/YOUTUBE]
After you've watched that video at least three times, you'll want to read and learn the information at the link below till you know it all like the back of your hand. Read it over and over and take the quiz till you score 100% consistently.
Just Say 'No' to Police Searches | FlexYourRights.org
Finally, in answer to your question about using what the cop said about his own pot history against him in court, no, you cannot. For several reasons. You won't be the prosecutor, for one thing. If he did have youthful drug use in his past, that's not the legal issue at hand. It's far more likely that he said what he said--be aware that he's allowed to lie to you if it helps him obtain more evidence or information about a crime, and no, that's not entrapment--to cozy up to you, make you think he was a sympathetic former-stoner pal, and encourage you to open up and talk (and incriminate yourself).
I'll say one thing for you. You made those officers' jobs very easy for them. I wish you good luck with whatever comes out of this. You're going to need it.
bullshit
This is a classic example as to why people that use/grow need to educate themselves on mj, the law, what to do & say and what not to do & say when confronted with the law. Youthful indiscretions are bound to happen, but the sad part is that it could affect one's life for years to come. Sorry for your bad luck,Bwh, but learn from it and try to keep your wits about you. Take birdgirl's advice, she is on the money (as always) on this subject.
the gender of the plant was male, because i switched it into the 12/12 light cycle for about a week and noticed the male pre flowers. this was the only plant i have. but also, the officer, who was actually nice and helpful, told me that i all i would have to do is sign the ticket for speeding and the ticket for disorderly conduct(which did not mention the plant) and that would be the end of it. that's why i'm not sure why he would want to incriminate me further based on a simple question about the plant after the fact that the ticket was already written up. My parents already know and bugged out, because they called- which was probably because i had my 15 year old brother in the car. but when they called thursday night they said they were deciding if to charge criminally, and i have yet to receive a call. but i also have another question......if the plant was under a jacket,(completely hidden at least where I was in the drivers seat) and the younger officer asked to roll down the back window....reached in and lifted up the jacket....is that allowed?
Yes. It is allowed. You gave him consent to search by not knowing your rights and letting him proceed and even unrolling the window for him. He searched the visible spaces within the car, which is his job. Yes, it's allowed. It would even have been allowed if he'd taken the car apart, since you didn't know how or why to stop him, but patrol officers rarely go out of their way to take cars apart.Quote:
Originally Posted by Bwh1116
Start with your homework from my earlier post. Start now.
thanks birdgirl