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Old 04-30-2009, 11:57 AM   #61
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You make is sound so innocent.... but they don't go after you for a felony by just growing and selling a little pot... (or in your case multiple felonies) heck, now a day they seem to write a ticket for a small amount of pot....

So, not to hijack the thread... but IMO you have to do something a lot worse than some people here are talking about to get a felony...
That may be your opinion but it's not the law. Most states have selling pot as an instant felony no matter what the amount. Cops do unspecified stings where they aren't looking for anyone in particular and just ask people if they will sell them some pot. They run it just like the prostitution stings where they stand on the corner asking people if they'll pay them for sex.

I know several people who were kicked out of college and given a felony for just selling pot.
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Old 04-30-2009, 06:13 PM   #62
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Originally Posted by Texas Proud View Post
You make is sound so innocent.... but they don't go after you for a felony by just growing and selling a little pot... (or in your case multiple felonies) heck, now a day they seem to write a ticket for a small amount of pot....

So, not to hijack the thread... but IMO you have to do something a lot worse than some people here are talking about to get a felony...
The U.S. marijuana law states that the sale, cultivation or manufacture of marijuana, by law is a felony offense.

Marijuana Law
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Old 04-30-2009, 07:14 PM   #63
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There is no reason your friend can't start a business AND apply for a blue collar position with the US Gov. He should review any requirements for a 'contractor's' licence, it is amazing what activities some states include.

Being a Vet will rank him above all non-Vet applicants for Federal employment. He should also contact someone in the VA to determine whether or not his drug use might have been related to his military experience (there is a high association of drug use with Post Traumatic Stress Syndrome)- if his military experience wasn't in-theater that is probably a non-starter.

One of the advantages of AA/NA is networking with folks who understand all his issues. They often provide a lot of emotional support during difficult times, as well as job leads.

I think drug use is a public health issue. Young adults try it because developmentally they are at a risk-taking stage, are sold a bill of goods (they don't call illicit drug sales folks "Pushers" for nothing), and think they are bullet-proof. Older adults are often clinically depressed when they try illicit drugs. Neither of these groups understand the consequences. That is not to say that there aren't folks who just don't give a rip about society and use drugs. For those who wish to condemn illicit drug users to society's dust bin, you would have some credibility if you applied the same standard to those who use the legal drug ... alcohol ... to excess.
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Old 04-30-2009, 07:36 PM   #64
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Truth be told, many here probably could have been felons just never got caught with the devil weed, qualudes or bennies.
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Old 04-30-2009, 11:47 PM   #65
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Originally Posted by Texas Proud View Post
You make is sound so innocent.... but they don't go after you for a felony by just growing and selling a little pot... (or in your case multiple felonies) heck, now a day they seem to write a ticket for a small amount of pot....

So, not to hijack the thread... but IMO you have to do something a lot worse than some people here are talking about to get a felony...
You obviously aren't well versed in the ohio drug laws (yay for you!). Possession of over 100 grams is a felony. Low and behold, they weigh the whole plant INCLUDING the root ball to determine the total weight you will be charged with. I watched them do it...and even after checking with my lawyer found it is the way it is. If they had 'harvested' my plants, they wouldve ended up with less than 1/4 o.z. of bud. Instead, they claimed in their report that the quantity of weed could have been sold for $60,000 on the street. The number of plants also goes into the mix. I had a bout 10 cuttings (clones) in peat pellets which all went to the total count.

so we have cultivation - felony 4
posession over 100 grams- felony 4
posession of criminal tools (lights, watering cans, ferts etC)- felony 4
trafficking - because it was separated into several jars and a scale(dropped) felony 3

Whaddaya know, I guess I only have 3 felonies. whooopee!

Their case was so weak that for 3 felonies I got 8 hrs community svc and 1 yr probation. They gave me back all the cash they seized. They also had to return the guns they took from the house...I 'willed' them to my now fiance since I was a felon when they were to return them. They gave back my computer, electronics, etc that they siezed. I plead down to 3 convictions with a light sentence for fear of being jailed. My atty (a NORML supporting marijuana activist....high profile criminal defense atty in Ohio) was pretty sure I'd get off, but I chickened out on the trial....too much risk.

Thanks for your input though
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Old 05-01-2009, 10:16 AM   #66
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Their case was so weak that for 3 felonies I got 8 hrs community svc and 1 yr probation. They gave me back all the cash they seized. They also had to return the guns they took from the house...I 'willed' them to my now fiance since I was a felon when they were to return them. They gave back my computer, electronics, etc that they siezed. I plead down to 3 convictions with a light sentence for fear of being jailed. My atty (a NORML supporting marijuana activist....high profile criminal defense atty in Ohio) was pretty sure I'd get off, but I chickened out on the trial....too much risk.

Thanks for your input though
Looks like you caught a few breaks here. You could have been growing and cultivating this stuff in Virginia and been in bigger trouble if you weren't cultivating it solely for personal consumption. Virginia - NORML
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Old 05-01-2009, 10:19 AM   #67
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Looks like you caught a few breaks here. You could have been growing and cultivating this stuff in Virginia and been in bigger trouble if you weren't cultivating it solely for personal consumption.
But how do they determine if production was for personal use or for distribution? In many jurisdictions producing an illicit substance is prima facie evidence of intent to distribute, as is possession above a certain quantity.
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Old 05-01-2009, 12:04 PM   #68
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But how do they determine if production was for personal use or for distribution?
- "because it was separated into several jars and a scale" ?
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Old 05-02-2009, 06:21 PM   #69
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...and the reason the recidivism rate is so high is that there is no long line of employers wanting to hire ex-prisoners.
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Old 05-03-2009, 06:32 AM   #70
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You obviously aren't well versed in the ohio drug laws (yay for you!). Possession of over 100 grams is a felony. Low and behold, they weigh the whole plant INCLUDING the root ball to determine the total weight you will be charged with. I watched them do it...and even after checking with my lawyer found it is the way it is. If they had 'harvested' my plants, they wouldve ended up with less than 1/4 o.z. of bud. Instead, they claimed in their report that the quantity of weed could have been sold for $60,000 on the street. The number of plants also goes into the mix. I had a bout 10 cuttings (clones) in peat pellets which all went to the total count.

so we have cultivation - felony 4
posession over 100 grams- felony 4
posession of criminal tools (lights, watering cans, ferts etC)- felony 4
trafficking - because it was separated into several jars and a scale(dropped) felony 3

Whaddaya know, I guess I only have 3 felonies. whooopee!

Their case was so weak that for 3 felonies I got 8 hrs community svc and 1 yr probation. They gave me back all the cash they seized. They also had to return the guns they took from the house...I 'willed' them to my now fiance since I was a felon when they were to return them. They gave back my computer, electronics, etc that they siezed. I plead down to 3 convictions with a light sentence for fear of being jailed. My atty (a NORML supporting marijuana activist....high profile criminal defense atty in Ohio) was pretty sure I'd get off, but I chickened out on the trial....too much risk.

Thanks for your input though
True.... I am not up to speed on the Ohio laws... to tell the truth, I am not up to speed on Texas law when it comes to drugs... I do not use them .... never have...

.. and truth be told what you have stated as your crime is horrible to be a felony... I can not see how one plant can get you a 'trafficking' charge... you would starve to death IMO (but hey, I don't know how fast that one plant can grow or the street price... so maybe it could support you)...


And this is at the heart of the problem here... one felon is not the same as the next... as an example... one of the trials I was a juror was aggravated assault with a deadly weapon.... the lawyer gave some example... one was where a guy goes into a drug store with a bottle and threatens the people to give him drugs that he can not afford that would keep his child alive... takes the drugs home, save his child and then turns himself in.... by law it is a felony... one where he could get life in prison..

The next was a guy come in with a gun, pistol whips one person to within an inch of dying... leave and denies everything when caught... from what he said, they were listed as the same crime...
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Old 05-08-2009, 02:25 AM   #71
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The Fed

There are people who have really really really hurt people and have not even been charged with a crime.

You hurt no one! It's just the laws of the times. In time what you did will probably be legal.....and what you did is legal in some areas and countries. You shouldn't have to suffer for the rest of your life for that.

I'm probably the cleanest living person that most people will ever meet....I don't even drink caffeine or any alcohol.

So coming from me this should mean a lot!

Jim
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Old 05-08-2009, 02:28 AM   #72
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To the Op.

If all else fails start your own business. That way no one can fire you!!

Jim
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Old 05-08-2009, 08:00 AM   #73
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- "because it was separated into several jars and a scale" ?

You are correct...this is why that made that assumption. In reality though, those jars were to separate different varieties, and the scale to see how much water weight was lost during drying, compare yields of different varieties, and to ration myself on my day to day consumption. But, they cant charge you for being a marijuana connoisseur, so.....
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