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probably one of my last few posts here so enjoy it. ok so long story cops came to my house when i was working found 1 large plant with about 1 oz on it well into flowering, 2 medium size plants in veg about 2 feet. about 12 clones in varipous stages of root development but in pots. what am i looking at? I got charged with posession, manufacturing with intent to traffic or something like that. what can i get away with? what should i do? give me legal advice of any kind.
talk to a lawyer
how did they know you were growing? why were they at your house? are you in an urban or rural area?
Quote:
Originally Posted by michaelpeg
DO NOT talk to the police.
They are, for now at least, the enemy.
That's what lawyers are for.
Like Washmedical said, "Talk to a lawyer" or three.
The first consultation is free.
And this is important enough to get more than one legal opinion.
Canadian law is way different than anything I've actually researched so, I can't really help with that.
In the states it's all about over-charging the offense and plea-bargaining to the lesser charges.
I have no idea how it works in a sane country.
All I can advise here is do not be "scared".
You can not think straight when scared.
This is a time for calm, directed, thinking.
Phrases like, " something like that" simply will not do!
The lawyers will need to know the exact charges.
Bring any paperwork with you.
And get to googling for your own information and peace of mind.
Real sorry to hear this, my friend.
You are not a big fish, and unless you actually sold meds to a non-medical informant, you can relax a bit.
It's gonna be expensive and educational, but I seriously doubt that you'll actually be incarcerated.
Aloha and better luck,
Weeze
hey weezard good to hear from you, I will miss you on here bra. no i have never sold any. sorry about sloppy posts dont have much time. one big question, will they put it in the newspaper? I live in a big city. if they do will they put my name? address?
by the way i was told it would be in the newspaper but not sure if they are telling the truth. if it is what day would it be in? how long would the article be? what page #? sorry this may sound rediculous but I am in a panic I know i should stay calm but easier said than done
dude, you need to be spending this time finding a really good lawyer.
I wish you the best of luck.
edit: and just chill, It does not sound that bad. I really do think you will be ok
the newspaper question is really important for me right now i will talk to a lawyer
thanks by the way, can anyone point me in the direction of canadas drug laws and what i am looking at?
<sigh>Quote:
Originally Posted by michaelpeg
Hang on while I find my spoon.:)
Ah!
Here ya go bro.
All ya need to know;
From the marijuana party of Canada's website... maybe a good sticky for me and all Canadian members... jus tryin to help
http://www.marijuanaparty.org
The Controlled Drugs and Substances Act is a bad law which should never have been passed.
by Dana Larsen
The Controlled Drugs and Substances Act was first introduced by the Conservatives, but ultimately passed by the Liberal government in 1996, despite heavy criticism from every drug-policy and social group that testified before Parliament. The new law increased the drug-war powers of police, and "streamlined" the justice system to facilitate increased arrests and incarceration, as well as introducing property seizure for drug offences.
GREATER POWERS OF SEARCH
The Controlled Drugs and Substances Act widened the scope of police powers to search, so that a search warrant for a house or building now automatically includes all those who are present when the police enter. This means that the police can get a warrant for a club or pub, and then use it to perform a blanket search on everyone inside and make a mass arrest.
WIDENED SEIZURE AND FORFEITURE
The Narcotic Control Act and Food and Drug Act only permitted the seizure and forfeiture of drugs, paraphernalia, and "drug money". The Controlled Drugs and Substances Act introduced a new concept called "offence related property", which greatly expanded the type of property that can be seized by the court.
For example, any vehicle used to transport or distribute a prohibited substance can now be considered offence related property and will therefore be seized. This means that if you are convicted of trafficking and you used your car to transport the drugs your vehicle can be confiscated.
The Controlled Drugs and Substances Act also allows for the seizure of any "fortified drug house", which is defined as any property modified to "facilitate the commission of a drug offence". This broad definition includes grow rooms, and has led to the seizure of a number of homes across Canada.
COPS SELLING DRUGS
Unlike the previous Narcotic Control Act, the Controlled Drugs and Substances Act allows for police officers and their informants to sell drugs and violate the other provisions of the law. This clause has resulted in police and their informers encouraging people to buy and use certain drugs, and then turning them in for personal profit and reward. Many legal groups testified before Parlment that this and other clauses would be abused, but they were all ignored.
AGGRAVATING FACTORS
The "sentencing preamble" of the Controlled Drugs and Substances Act introduced the concept of "aggravating factors" in drug offences, which include the use of a weapon, the use or threat of violence, trafficking in or near any place "frequented by minors", trafficking to a minor, or having a previous drug conviction.
A judge must now provide a written reason for not imposing jail time upon anyone found guilty for any drug offence involving one of these factors. This is clearly an attempt by Parlment to intimidate judges into doling out more jail time for drug offences.
*********
What follows is a listing of the maximum penalties for drug offences under Canada's current drug law, the Controlled Drugs and Substances Act, passed by the Liberals in 1996.
SCHEDULE 1
Includes opium, heroin, morphine, coca leaves, cocaine, methadols, moramides and fentanyl.
POSSESSION Indictment: 7 years
Summary Conviction: First offence: 6 months and/or $1000 fine
Second Offence 1 year and/or $2000 fine
TRAFFICKING OR POSSESSION FOR THE PURPOSES OF TRAFFICKING
Indictment only: life imprisonment
IMPORTATION OR EXPORTATION
Indictment only: life imprisonment
PRODUCTION
Indictment only: life imprisonment
SCHEDULE 2
Includes all forms of cannabis, cannabis resin, and synthetic THC. Specifically excludes non-viable seed and a stalk that has been stripped of leaves and branches.
POSSESSION OF OVER 30 GRAMS OF MARIJUANA OR 1 GRAM OF RESIN
Indictment: 5 years less a day (no trial by jury)
Summary Conviction: First offence: 6 months and/or $1000 fine
Second Offence 1 year and/or $2000 fine
POSSESSION OF UNDER 30 GRAMS OF MARIJUANA OR 1 GRAM OF RESIN
Summary Conviction only: First offence: 6 months and/or $1000 fine
Second Offence 1 year and/or $2000 fine
(The RCMP is not supposed to photograph or fingerprint those charged with a strictly summary conviction offence, but there is still a criminal record.)
TRAFFICKING IN OVER 3kg, OR POSSESSION FOR THE PURPOSES OF TRAFFICKING
Indictment only: life imprisonment
TRAFFICKING IN UNDER 3kg, OR POSSESSION FOR THE PURPOSES OF TRAFFICKING
Indictment only: 5 years less a day (no trial by jury)
IMPORTATION OR EXPORTATION
Indictment only: life imprisonment
PRODUCTION
Indictment only: 7 years
SCHEDULE 3
Includes stimulants and hallucinogens including amphetamine, quaaludes, psilocybe, LSD, DMT, MDA.
POSSESSION
Indictment: 3 years
Summary Conviction: First offence: 6 months and/or $1000 fine
Second Offence 1 year and/or $2000 fine
TRAFFICKING OR POSSESSION FOR THE PURPOSES OF TRAFFICKING
Indictment: 10 years
Summary Conviction: 18 months
IMPORTATION OR EXPORTATION
Indictment: 10 years
Summary Conviction: 18 months
PRODUCTION
Indictment: 10 years
Summary Conviction: 18 months
SCHEDULE 4
Includes ome prescribed drugs, anabolic steroids, weight reduction drugs (anorexiants), sedatives such as barbituates and benzodiazepines (better known as Seconal, Valium and Librium), and khat. (Khat is a herb which is used culturally by Somalians, and was banned in Canada in 1996.)
TRAFFICKING
Indictment: 3 years
Summary Conviction: 1 year
IMPORTATION OR EXPORTATION
Indictment: 3 years
Summary Conviction: 1 year
PRODUCTION
Indictment: 3 years
Summary Conviction: 1 months
SCHEDULE 5
Ingredients which may appear in non-prescription medication, including phenylpropanolamine and propylhexedrine.
IMPORTATION OR EXPORTATION
Indictment: 3 years
Summary Conviction: 1 year
SCHEDULE 6
Certain precursors (substances commonly used to manufacture some of the other listed drugs).
IMPORTATION OR EXPORTATION
Indictment: 10 years
Summary Conviction: 18 months
Google!
First page.!
I bolded the schedule 2 laws
And underlined the relevant bits.
Seem quite harsh to me.:wtf:
Aloha, and good luck.
Weeze
i searched and couldn't find it. weezard excuse me for my ignorance but i am in a different state of mind at this time. So do you conclude im in for jail time? please tell me a lawyer would be able to keep me out of jail.
Dude, you're asking a bunch of questions nobody can answer. You have to hire a lawyer and don't talk to the cops or admit to ANYTHING. IMO those are very minor amounts but after reading the laws posted THANK GOD I LIVE IN CALIFORNIA! I thought Canada had very liberal marijuana laws?
Do you KNOW Canadian national and state laws regarding cannabis cultivation? Was this medicinal and did you have legal documentation to grow/posess? Does Canada have compassionate use laws?
TALK TO A LAWYER, you're wasting youre time hear buddy.
Quote:
Originally Posted by michaelpeg
Allow me to repeat myself; "It's gonna be expensive and educational, but I seriously doubt that you'll actually be incarcerated." -Weezard.
Why?
Because;
Definition of summary conviction offense: Minor violation of law prosecutable without an indictment or full trial. Also called summary offense.
I doubt that it will make the paper as an article.
I know this is a very big deal for you, but it's a very minor bust in the world outside your head.
Summary offenses are time limited.
If you are not actually charged in a timely manner, the whole thing disappears.:)
From what I've read so far, you'll be OK.
But, if they get an indictment, hock everything and get the best lawyer you can find.
My best advice to you is;
It's Sunday.
Relax, eat something, and get some sleep.
Then get to reading.
Here's a good start.
Offence classification: summary conviction or indictable?
Most fear stems from ignorance.
So, inform yourself!
If this is your first offense, your situation is much better than you think it is.:smokin:
Aloha, MP
Get some rest, it's gonna be alright.
Weeze