yesterday a friend of mine went in to court. he ended up pleading guilty to possession of 8 or more ounces of marijuana, and is now serving a sentence of 15 days in jail. the good news is that all other charges were dropped and the judge ordered the return of all evidence seized, including all grow supplies, a laptop and a desktop computer, pipes, bongs, bubbles, misc smoking devices and a vaporizer as well as the marijuana and plants that were taken. yup, thats right, the marijuana that just earned this man a felony conviction is now being judge ordered to be given back to him.

the story on trying to get it back, well, that all goes about as smoothly as one would expect(yeah, the cops(and da), they werent too happy about it and stalled as much as possible. but that is a long story, im not on my computer right now(i hate laptops) and i have a bunch of other things to do at this moment, so it will be told another time.

this is the second time in the past year in this state that the court has ordered ALL items to be returned to the patients as covered under the current state medical marijuana law

UPDATE--
here is the video of the transfer of the marijuana(and the vapeash) back to the patient in the police station.
http://www.youtube.com/watch?v=oaceZv5I83Y

Ok so, they take his weed convict him of a felony and give it back? Wtf? Is this the clashing of the state and federal gov?

that makes no sence..... how can they give it back but make him serve time for it? man our gvnmnt is f'd up

makes perfect sense...its medicinal marijuana....prescribed by a doctor...why not give it back? whats the 15 day sentence for? obviously not for the weed....did he fight the cops during the arrest? lil disorderly charge? maybe a prior warrant?

This is really dumb. If you have ever seen the documentary "Super High Me"...you would see that the DEA comes into California and shuts down local despenseries because they do not recoginze it on the federal level.:eek:

Exactly... Colorado, Telluride and Denver's laws on weed and california's **** is all just a political maneuver...It means nothing in terms of enforcement. The laws are actually illegal. Becuase State and local laws can be more strict but not more leniant than federal law. And federal law supercedes state and local. In addition, state and local LEOs cannot pick and choose which federal laws to enforce.

This is how it is supposed to work... Most of the time on things like drug enforcement it does work like this... But when it comes to deporting illegal aliens and reporting them to ICE somehow they see that as a bad thing.... I'm going to stop typing before I get angry. [:@][:@][:@][:@][:@][:@]

ORIGINAL: nghtrnnr
whats the 15 day sentence for? obviously not for the weed....


did.....you even read the op((upside-down question mark that i cant do on this laptop without taking 5 steps too many))
....im guessing not, as it tells EXACTLY what the 15 day sentence was for.

here is the story the local paper printed, front page style
http://www.craigdailypress.com/news/2008/may/02/judge_orders_medical_marijuana_returned_craig_man/

Nice!


Reading the article reminded me - how much are caregivers allowed to possess/grow at a time?

Well I guess double jepardy would keep him from being arrested
for the same weed they gave back to him and have already convicted him for.

Cant be tried twice for same crime, lol .......... he could go smoke it on the police station steps

ORIGINAL: Ultrashock

Ok so, they take his weed convict him of a felony and give it back? Wtf? Is this the clashing of the state and federal gov?


no, by the way. this was strictly a state case.
a little more on what happened, when we went to pick up his stuff, we showed them(at the police station) the court order that said he was entitled to his belongings. they played hardball, said that they needed a faxed official court order from the courthouse. we went to the courthouse and the clerk said the paper my friend had in his hands was the official cort order, signed by the judge and all.
return to cops and now they are MUCH more willing to comply with us. 45 minutes of waiting later they come out and say that the da is not willing to consent to the court order, they say that they will allow everything BUT the marijuana and the plants. because the schedule of my friends lawyer was so busy, he was unable to attend this property transfer and had been in court on the other side of the state all morning. when he got word of what was happening, he was fumed and awhile later the cops come out with a revised order saying that my friend can get some of the marijuana back, but they(the cops) had ABSOLUTELY no idea how much my friend was entitled to legally have under state law. we explained the law to them, they said it doesnt matter what we tell them, we had to give them printed proof of the law in order to release his medicine. (how often do you hear law enforcement tell you 'ignorance is no excuse'......)
we told them that we could show them in under 2 minutes if they would let us show them on a computer with internet access, that was met with some bull**** excuse. we told them the number to call and who to ask at the state health department, that was met with some bull**** excuse. so we went home, got high, called the lady at the state health department and had her fax the documents to the cops. went back and now they were very, very eager to complete the transfer and get it over with. but of course, that went about as well as one would expect it would....cops with pot, and every little thing with thc(vaporized remains of pot) choosing what to give back to the patient. the law states that a patient can have 2 ounces of dried marijuana, so they gave hi'm one ounce of good usable medicine, and one ounce of the spent vapeash.
my friend was very busy that day(he was planning on surrendering himself to start the sentence later that day) so he didnt want to sit around and argue with them about how worthless the vapeash was, so he just smiled and left.
i got all of this on video, by the way
(':

just gotta try to make it back home today, lots of snow got dumped on the mountains the night i came out here, there was a pretty massive type accident on the freeway going back, so i was stuck here one night, hopefully things will be smooth driving for me on the way back. no worries tho, it aint an adventure if youre not truely scared for your life at least once along the journey

ORIGINAL: QatarStang

Nice!


Reading the article reminded me - how much are caregivers allowed to possess/grow at a time?



2 ounces of bud and 6 plants. he didnt get any of his plants back, state law requires all plants of medical patients to be kept alive, so being that 13 were seized, and they were all legal, as my friend was a patiend and caregiver to three people, hahahahha, commacommacommamammamm, he is entitled to the dea value placed on a marijuana plant which is i believe 5,000 dollars per plant.

right now in another part of the state, the city owes a medical marijuana couple over 100,000 for the same thing.

ORIGINAL: Burnsy

In addition, state and local LEOs cannot pick and choose which federal laws to enforce.



uhhh, actually most LEO's have a lot of discretionary power on when and what laws they enforce and with whom.
I've walked away more than once after being caught with something I shouldnt have had.

ORIGINAL: tokinGLX

ORIGINAL: QatarStang

Nice!


Reading the article reminded me - how much are caregivers allowed to possess/grow at a time?



2 ounces of bud and 6 plants. he didnt get any of his plants back, state law requires all plants of medical patients to be kept alive, so being that 13 were seized, and they were all legal, as my friend was a patiend and caregiver to three people, hahahahha, commacommacommamammamm, he is entitled to the dea value placed on a marijuana plant which is i believe 5,000 dollars per plant.

right now in another part of the state, the city owes a medical marijuana couple over 100,000 for the same thing.



Hahahahah, that's hillarious. I admire cops but they get a little power hungry. I understand this happens when you deal with so many dirtbags every day and stuff but...

Can I get a link to the video?

I really wish pot would become more legal in NY. I really want to grow my own, it's soooo expensive to get good hydro and I just can't smoke regs.[:'(]The laws in this state are weird. You can have up to 22 grams I think, which is not that much, but you can't have even a single plant or any paraphernalia or theycan nail you for distribution, which we all know should be a capital offense. No really a single plant could get me a year behind bars. It would be rare but I can't take that chance. I could not put my family in danger. If I grow it in my attic and there's a house-fire, they'll blame me. If they find it because there's an emergency in the home and they need to gain access, they'll assume I'm a drug-dealer, lock me up,and throw away the key.

I could not afford to be locked up for even a couple days! 15 days would ruin my life, mainly because my boss would demand to know why I was taking so much time off and all.It would suck totally because I'd be so angry at myself and at the law, not knowing who to blame most.

Like I said before I think they keep growing illegal so they can profit off all the small busts. Every Friday when people get paid they fan out to their various distribution points to pick up, and as a result are forced to travel with the weed, and then there are arrests, court cases, bail bonds, lawyers fees, probation, all of which keep the legal system busy and getting paid to accost the common man.

i am pretty shocked that people are still this fascinated by pot.....I grew out of that stage in high school. But hey, no judgement here...to each his own! to OP, bet your buddy is GLAD he doesnt have to do any major jail time! I would be pretty happy about that!

i just got back home and im going to be busy tonight, but tomorrow i should have some video put up.

ORIGINAL: r.barn

Well I guess double jepardy would keep him from being arrested
for the same weed they gave back to him and have already convicted him for.

Cant be tried twice for same crime, lol .......... he could go smoke it on the police station steps




haha, almost, youre not allowed to smoke up in public. we did loiter at the police station quite a bit tho, him just holding his bags of weed all out in the open.

booo video now

ORIGINAL: k0261886

booo video now

the most interesting part of it is up in the first post right now.

my bad just clicked the new post button

a quick word of update, i found out that he has been sitting in isolation at the jail because the general population area is overcrowded.

because he is in isolation, they are not allowing him any of the amenities that the prisoners over in general population have(reading materials, tv, board games, talking to other human beings...)

ORIGINAL: Vegasfilter

i am pretty shocked that people are still this fascinated by pot


+1 to that


now you're telling me that your buddy hung around to rub it in their faces. idk if I agree with the "medical" reasons why your buddy has this stuff.

waaaaait a minute here, so youre telling me that regardless of the reasons he had to be standing there, the simple fact that he was doing such makes the years of doctors documentaion of his condition invalid¿

ORIGINAL: tokinGLX

waaaaait a minute here, so youre telling me that regardless of the reasons he had to be standing there, the simple fact that he was doing such makes the years of doctors documentaion of his condition invalid¿






yes:D[8D]


It appears as if I've opened a

http://firstrung.co.uk/dbimgs/iStock_can%20of%20worms.jpg

ORIGINAL: kngdaka


ORIGINAL: tokinGLX

waaaaait a minute here, so youre telling me that regardless of the reasons he had to be standing there, the simple fact that he was doing such makes the years of doctors documentaion of his condition invalid¿






yes

duly noted.

ORIGINAL: r.barn

ORIGINAL: Burnsy

In addition, state and local LEOs cannot pick and choose which federal laws to enforce.



uhhh, actually most LEO's have a lot of discretionary power on when and what laws they enforce and with whom.
I've walked away more than once after being caught with something I shouldn't have had.




uhhhh no they don't. not legally. But the reality of it is, cops can do whatever they want at that time, because they are the law, until they're not (court, higher ranking officer etc.)

but technically, legally, no, if an officer finds weed on you, he is supposed to charge you with possession. but if he doesn't whos going to argue?

ORIGINAL: tokinGLX

ORIGINAL: kngdaka


ORIGINAL: tokinGLX

waaaaait a minute here, so youre telling me that regardless of the reasons he had to be standing there, the simple fact that he was doing such makes the years of doctors documentaion of his condition invalid¿






yes

duly noted.



Below I have put in bold the sentence that questions what your real motives are. I honestly don't want to start anything I'm just pointing out where my stance on this issue is coming from;)



ORIGINAL: tokinGLX

ORIGINAL: Ultrashock

Ok so, they take his weed convict him of a felony and give it back? Wtf? Is this the clashing of the state and federal gov?


no, by the way. this was strictly a state case.
a little more on what happened, when we went to pick up his stuff, we showed them(at the police station) the court order that said he was entitled to his belongings. they played hardball, said that they needed a faxed official court order from the courthouse. we went to the courthouse and the clerk said the paper my friend had in his hands was the official cort order, signed by the judge and all.
return to cops and now they are MUCH more willing to comply with us. 45 minutes of waiting later they come out and say that the da is not willing to consent to the court order, they say that they will allow everything BUT the marijuana and the plants. because the schedule of my friends lawyer was so busy, he was unable to attend this property transfer and had been in court on the other side of the state all morning. when he got word of what was happening, he was fumed and awhile later the cops come out with a revised order saying that my friend can get some of the marijuana back, but they(the cops) had ABSOLUTELY no idea how much my friend was entitled to legally have under state law. we explained the law to them, they said it doesnt matter what we tell them, we had to give them printed proof of the law in order to release his medicine. (how often do you hear law enforcement tell you 'ignorance is no excuse'......)
we told them that we could show them in under 2 minutes if they would let us show them on a computer with internet access, that was met with some bull**** excuse. we told them the number to call and who to ask at the state health department, that was met with some bull**** excuse. so we went home, got high, called the lady at the state health department and had her fax the documents to the cops. went back and now they were very, very eager to complete the transfer and get it over with. but of course, that went about as well as one would expect it would....cops with pot, and every little thing with thc(vaporized remains of pot) choosing what to give back to the patient. the law states that a patient can have 2 ounces of dried marijuana, so they gave hi'm one ounce of good usable medicine, and one ounce of the spent vapeash.
my friend was very busy that day(he was planning on surrendering himself to start the sentence later that day) so he didnt want to sit around and argue with them about how worthless the vapeash was, so he just smiled and left.
i got all of this on video, by the way
(':

just gotta try to make it back home today, lots of snow got dumped on the mountains the night i came out here, there was a pretty massive type accident on the freeway going back, so i was stuck here one night, hopefully things will be smooth driving for me on the way back. no worries tho, it aint an adventure if youre not truely scared for your life at least once along the journey

gotem

ORIGINAL: kngdaka


ORIGINAL: tokinGLX

ORIGINAL: kngdaka


ORIGINAL: tokinGLX

waaaaait a minute here, so youre telling me that regardless of the reasons he had to be standing there, the simple fact that he was doing such makes the years of doctors documentaion of his condition invalid¿






yes

duly noted.



Below I have put in bold the sentence that questions what your real motives are. I honestly don't want to start anything I'm just pointing out where my stance on this issue is coming from;)

so we went home, got high, called the lady at the state health department and had her fax the documents to the cops.




if you were going to jail for 2 weeks, wouldnt you want to go in as high as possible¿
and guess what...just because somebody primarily uses marijuana for medicinal reasons doesnt mean they cant use it for recreational purposes as well. its just that most of the time, theyre too concerned with the neverending pain to care about recreational tokage.

welll no, i would not want to go to jail high, and second, i agree with kngdaka, i think your friend is a pothead

ORIGINAL: Burnsy

welll no, i would not want to go to jail high,



in all seriousness, why not¿

well for one thing I never liked being high so I guess you're asking the wrong person. But why would you want to be high going to jail?

ORIGINAL: Burnsy

well for one thing I never liked being high so I guess you're asking the wrong person. But why would you want to be high going to jail?


what effects of being high did you not like¿
i dont often enjoy being drunk, but if i was facing jailtime(and i had no weed handy) i would go in drunk as a skunk. i would choose an intoxicated state over sobriety because i would be facing plenty of mandatory sober days ahead. also, obviously, it makes the tedium much more bearable