help, just had pods confiscated

[insanesteveo]

i just got pulled over for expired plates. no DL. no insurance. and one box of 200 med pods.

i got tickets for the driving things, and gave him some bullshit story about making these weird arrangements with the pods. he took the pods and my info.

what can he now do to me?

[Poppylvr]

i just got pulled over for expired plates. no DL. no insurance. and one box of 200 med pods.

i got tickets for the driving things, and gave him some bullshit story about making these weird arrangements with the pods. he took the pods and my info.

what can he now do to me?
OY. I suspect when he figures out what they are you could get possession charges .
But here's hoping that's only my overanxious imagination.

[insanesteveo]

im pretty sure they know what they are.
im pretty fucked, huh?

should i run away?

[More Feen]

Consider lawyering-up.

You bought them for the purpose they were sold: Decoration. Floral Arrangements.

It may not fly in Peoria,

M F

[EleusisII]

Get a lawyer. Now.

If you're really unlucky, they'll weigh the entire 200 poppys, and throw the book at you: Possession of 2 pounds of poppystraw/opium, or some shit like that.

Plenty of people have had their MJ plants confiscated, and when the charges were read, the cops used the weight of the entire plant for their charges, not just the buds.

[insanesteveo]

yes, a lawyer, good idea.

so should i expect them to come knocking on my door, or will they call me and ask me to come in, all polite and cicvilized?

[Papa Verine]

I'm not so sure you're in any serious trouble. I wouldn't be panicing just yet. You might never hear from them again.

I realize they are technically illegal but there's also a perfectly harmless traditional use for them in making floral arrangements.

Intent has to mean something with poppy pod confiscation. And there's no way to prove intent when they are dried and packed in a box. You could be making floral arrangements

This could go either way...

It will be very interesting to hear back from you as to what happens next. Please keep us posted. And even if you do get arrested for this I would assume you have a pretty solid defense in court. There's no proof here that you intended to anything but ART.

[More Feen]

Best that they found the pods in the box, and not ground-up in a cup, "a-brewin."

Pretty good defence, I might agree with Papa-V, they might do nothing at all (flimsy case).

You could be ballsy and ask for you f-ing pods back, but, that might be pushing it (would an innocent person ask for them back, or ask for reimbursement--maybe).

M F

[hopefiend]

why did he take them? what did he say he was taking them for? how did it even come up? if you were pulled over for minor infractions i dont understand why the pods even came in to question to begin with...

dont lawyer up till there is an offical charge. they are not illegal if your using them for floral decorations...
i fucking hate cops and there small fucking penisis

[JonnyMohawk]

Clear out anything like old pod gournds in the far down neighbors garbage can,

Possible buy a dry wreathe, and print out poppy wreath patterns, this is a (http://www.gardengatewreaths.com/mixed-poppy-berry-wreath-p-4816.html)a good one.

Definitely layer up, were the pods open in the box? if not they opened someone elses mail without a warrant.


Best of luck to you.

[Morphus]

I dont think you've got much to worry about, I too have had freshly picked p somni plants confiscated by the cops and they pretty much just took them from me and tossed them in a dumpster. I wasnt charged with them but was charged for the pot and gun. My feeling is the cop probably knew they were some sort of drug thing and took them away from you to be a prick. He could be down at the lab right now, having them analyised and documented but I doubt they'd go through the trouble of making a case against you. I bet you never hear another word about them. I hope I'm right!

[insanesteveo]

i hope you guys are right and i never hear another word about it, but im in a small town where the cops have nothing else to worry about.

[Papa Verine]

i hope you guys are right and i never hear another word about it, but im in a small town where the cops have nothing else to worry about.

Yeah, I'm not totally convinced you're in the clear and never going to hear about these pods ever again. But... I just wanted to say it's possible. Wait and see what happens. And if you do get arrested, tell your lawyer what happened, and I think any decent lawyer should be able to get this case throw out.

[The Paregoric Man]

DON'T SAY ANOTHER WORD TO THE COPS, DO NOT TRY TO CONVINCE THEM THEY ARE ART SUPPLIES. If contacted you have no comment, period! Don't try to outsmart them, don't try to talk to them at all. Don't let your family members talk to them, they will try to talk them into admitting all kinds of shit.

You probably will never hear about it again, cops can't just take things because they look weird or fishy he had to have some reason to believe the items in question were illegal or evidence. What does the police report say?

[OverDriven]

You could possibly be in some shit here. Poppy straw is schedule II, but I know that often the cops will consider the length of the stems when prosecuting. Poppies that are for decorative use usually have longer stems. Unfortunately, most of the vendors of the pods that we all love sell them with only two inches of stem left. That kind of makes the intended use obvious (it's impossible to weave them into a wreath with no stems). Were your stems cut short?

It might be a good idea to make sure you clear your internet history after visiting this site. If these guys take it seriously and decide to raid your place, you don't want them finding these posts or any connection to this site. Small towns are a bitch because they LOVE to say that they made some huge drug bust. Good luck, man, and I hope it all works out for you.

[Actavis]

i thought a pod had to be sliced open to be illegal... no? if they were in tact and not cut open or anything, i would think you should be fine. although as many have mentioned, best to speak with an attorney, just in case.

[GOLD N DIEMONDS]

driving w/ EXPIRED plates ???
driving w/ no VALID D.L.????
driving w/ box of 200 PODS???

in a small town with COPS THAT HAVE NOTHING TO DO

AH -WHY????

ps- 1st get your plates renew immediately- that's a no brainer

[Madam Oxy]

driving w/ EXPIRED plates ???
driving w/ no VALID D.L.????
driving w/ box of 200 PODS???

in a small town with COPS THAT HAVE NOTHING TO DO

AH -WHY????

ps- 1st get your plates renew immediately- that's a no brainer

Gotta get your license and insurance before you can get your plates.
And if you have any outstanding tickets, you need to clear up those before you get your license.

[WhyCatsPaint]

Is it normal for cops to remove something from your vehicle such as this then later come back and charge you for it?

And for some reason I am even more curious if by any chance if the cop didn't happen to take them for himself.... I know it's highly unlikely but not that it has not ever happened before? So if no one contacts you with in a few days or weeks regarding this then what other purpose would he have had to remove them.

I could be way off base with this since I have not had anything confiscated from my vehicle and not sure what normal protocol they follow.

[GOLD N DIEMONDS]

ah THE CAT RADAR IS GOING OFF!
now that I think about it it none of this is normal protocol
LEGALLY, if he does not have a valid D.L. - they CAN NOT let him drive away
NORMALLY- they call for tow truck unless he can get a valid driver there STAT.
They will let you have car towed home and you can ride with driver (FUN)
who will not put your car down until you pay (ask me how I know)
OR IF THEY WANTED TO BE REAL PRICKS
could arrest you for NO D.L. and Impound your car

I have now idea how box of pods came into play
UNLESS u be nervously looking at box , saying NO NOTHING IN THERE
I NEVER DO DRUGS- swear to baby jesus!!
:)

ps- please don't flee the state for this

[Dan Steely]

I'd be very surprised if this turned into a big deal. Even money you don't here boo about it and if you lawyer up and if you play your cards right you might not even end up with a misdemeanor.

This is nothing to go on the lamb over. Might be a good time to staighten up and fly right though.

[JonnyMohawk]

go around towns taking pictures of papavers somniferums in well repspected peoples homes.... or even generally around town... Include the addresses beneath the photos, and then ask when these families will be in court.

[GOLD N DIEMONDS]

go around towns taking pictures of papavers somniferums t well repspected peoples homes.... or even generally around town... Include the addresses beneath the photos, and then ask when these families will be in court.

WOW -GOOD ONE J.M

or going around town dress like cop and taking everyone stash:rolleyes:

[nodrover]

Yeah, I never really had any experience at all with pods, so I can't offer any advice. BUT, I just wanted to say how ridiculous I think the situation is. I know now isn't the time to debate legality issues, but I just think it's idiotic that possessing dried poppy flowers is illegal. I mean, yeah, heroin is illegal-I understand why.

But, one box of pods doesn't even come close to producing any heroin. I mean for Christ's sake, one of my neighbors 3 houses down from me grows P somniferums. I know because I used to do yard work for him. Granted he only has like 20 at the most, but they are all different colors and they are really pretty. Jesus....if only it was 1909 instead of 2009.

[Restharrow]

DON'T SAY ANOTHER WORD TO THE COPS, DO NOT TRY TO CONVINCE THEM THEY ARE ART SUPPLIES. If contacted you have no comment, period! Don't try to outsmart them, don't try to talk to them at all. Don't let your family members talk to them, they will try to talk them into admitting all kinds of shit.

You probably will never hear about it again, cops can't just take things because they look weird or fishy he had to have some reason to believe the items in question were illegal or evidence. What does the police report say?
Some of the best advice I have heard.

Don't say a word to anyone except your lawyer. If you can't afford a lawyer, that means you talk with no one (Not that you try and explain it yourself).

Will

[Thebane]

If I were you I'd reformat (a number of times) any hard drive you've posted on this site with after saving any information you need (which would obviously not include your internet history). If they do charge you with possession, all they have to do to prove intent is pull up this website and your posts. Don't lead them right to it by not wiping your computers.

I would say wait until they charged you, but they will probably take your computer when or before they charge you, obviously you had the pods shipped to you and it doesn't take a rocket scientist to figure out that you probably ordered them on-line.

Hopefully you won't be charged but if you are I can't imagine them not looking on your computer, and if they notice this post any claim of using pods for 'crafting' goes out the window.

[insanesteveo]

thanks for all the suggestions and help guys.

yes, he let me drive away after handing me tickets for all the driving things. the pods were in a closed USPS box that i had just picked up from the post office, which is where they spotted me having expired plates. i drove a couple blocks to the store and saw them following me. then when i came out of the store i saw them across the street waiting for me. so i went out the other side of the parking lot and went straight over to a gas station where i needed to fill my low tire up with air. that is where he pulled up and flashed his lights.

i was out of my car filling my tire when he came up to me. i didnt act suspicious or anything. he noticed the box in the car, asked me what was in them, so i told him dried flowers. he asked if he could search my car, so i let him. he looked all over for stuff. he even got a little bent out of shape when he found a very old miller lite can under my seat. he asked if i had been drinking and such. of course i hadnt. well then he started asking me about the pods and i gave him some bullshit story about making arrangements with them and selling them on ebay. he took my ebay name(of course nothing will show up on there) and i told him i havent sold any on there in a long time, i just got back into making them. no police report was made, he just took my pods and gave me a reciept for them. i acted all dumb and asked why they were making a big deal about it. they said some things about opiates and heroin, typical incorrect bullshit that law enforcement believes. so they know what they can be used for. they probably dont know if they are illegal or not, and the officer(of the 3 that eventually showed up and treated me like a drug dealer) told me it was a little suspicious a 26 year old making flower arrangements and selling them online so thats why he took the pods so he could figure this all out. he has the name of the website that i ordered them from since it was on the address label of the box i just got and a coupld other old boxes i had in my car(now i realize how stupid it was to be driving around with empty boxes of pods in my car, especially with no DL, insurance, or plates.

i think thats all the details. i couldnt believe he let me drive away either. i was stunned, but so happy.
lets hope he doesnt do anything.

[The Paregoric Man]

yes, he let me drive away after handing me tickets for all the driving things. the pods were in a closed USPS box that i had just picked up from the post office, which is where they spotted me having expired plates. i drove a couple blocks to the store and saw them following me. then when i came out of the store i saw them across the street waiting for me. so i went out the other side of the parking lot and went straight over to a gas station where i needed to fill my low tire up with air. that is where he pulled up and flashed his lights.

i was out of my car filling my tire when he came up to me. i didnt act suspicious or anything. he noticed the box in the car, asked me what was in them, so i told him dried flowers. he asked if he could search my car, so i let him. he looked all over for stuff. he even got a little bent out of shape when he found a very old miller lite can under my seat. he asked if i had been drinking and such. of course i hadnt. well then he started asking me about the pods and i gave him some bullshit story about making arrangements with them and selling them on ebay. he took my ebay name(of course nothing will show up on there) and i told him i havent sold any on there in a long time, i just got back into making them. no police report was made, he just took my pods and gave me a reciept for them. i acted all dumb and asked why they were making a big deal about it. they said some things about opiates and heroin, typical incorrect bullshit that law enforcement believes. so they know what they can be used for. .

Now that you've given more info I just find it more suspicious, I mean lets think about this.

Cops were waiting at the post office which is where they spotted you, I've never in my entire life seen cops hanging around a post office. They follow you and when they finally pull you over they don't care about the numerous violations and broken laws including driving without a license and no plates or registration but instead zero in on a unopened priority mail box. They leave you to drive away in a car with no plates or reg and with no license, only interested in the box of pods. And the cop actually had a clue they are related to drugs in some way.

..........................................

On balance this seems awfully odd, do you pick up your pods at that same post office often? Is it possible this was some a-hole postal worker calling the cops on you? I only ask because you said its a very small town with bored cops, and a postal worker calling the cops for pods is exactly the kind of nonsense I can see happening in a small town.

I'd be prepared for some ridiculous charges to come down the pipe such as manufacturing heroin or something, DO NOT PLEA! I dunno if you all here remember but there was some other media story about a kid in Austin making "opium beer" who plea dealed to heroin possession!
Make sure your attorney has a clue before he has you plea to a heroin related charge, these cheapo lawyers LIE and say they will take your case to the supreme court and then just pressure you to plea.

[doctor diesel]

[QUOTE=WhyCatsPaint;432264]And for some reason I am even more curious if by any chance if the cop didn't happen to take them for himself.... [QUOTE]


LISTEN TO YOURSELF, Missus Pussycats!! Are you really suggesting that a PorkyPig has the knowledge, intelligence and dedication to brew himself a cup of tea?
Get-outta-here girl!!
SillyBilly.


Doc ;)


Instane Steveo, you clearly are insane to be driving about with expired plates, no licence and whatever else it was. What got into you, lad?
Anyway, with reference to above suggestions that you reformat your hard drive, I think you've gotta to do something, certainly, but reformatting doesn't cut it. The best thing you can do (other than remove and bury the existing hard drive, and put a fresh one in) is to give it a deep cleanse using this fabulous product http://www.evidenceeliminator.org/. No, I don't work for them, but yes, I've used it myself more than once, and if you're lucky, you'll find someone willing to share this software and its product key, so why not try a peer-to-peer sharing download.

Best of luck, Steve


Doc

[Papa Verine]

This doesn't sound good. It sounds like they're going to have the lab test your pods and when they come back as "containing morphine" they will most likely charge you with something. If that happens you're going to have to FIGHT! Do NOT let them get away with charging you with some crazxy-ass felony for manufacturing or anything like that.

If you can get a lawyer you have a pretty solid defense. Poppy pods are bought and sold all over the US and on the Internet. If it's so illegal, then the law needs to be more clear about it. They can't just arrest buyers and crafters. And what you were caught with was not processed in any way! There's no evidence of intention to do anything! Fight this shit!!!!!!!!!!!!

[Dan Steely]

I could be wrong but the whole thing just sounds a little small town and maybe our boy stevo's lookin a little too much like a druggie for a small town?

Just the mental pic I got from the story.

and stevo just in case it hasn't been mentioned you don't give cops permission to search anything ever. They'll likely do it anyway but don't give up your rights so easy.Just say something like my lawyer buddy,uncle says I should say no.

best wishes though man. I think you'll be fine.

[WhyCatsPaint]

LISTEN TO YOURSELF, Missus Pussycats!! Are you really suggesting that a PorkyPig has the knowledge, intelligence and dedication to brew himself a cup of tea?
Get-outta-here girl!!
SillyBilly.


Doc ;)

Or Maybe he had a really pissed off wife at home and he needed to kiss ass! :p

[More Feen]

Its a good idea if you're potentially up to malfeasance to ensure your car is all legal.

Unlikely Timothy McVeigh would have been apprehended had his get-away car been looking more legal (at least have a license plate, an unexpired plate would have been that much better).

Not flamming OP, I've let my plate renewal expire and been pulled-over 'cause of it too. Wasn't up to much at that time though.

M F

[LeChuck]

I was arrested recently and had my pods seized. I wasn't charged for them but it was probably because of the buttload of pharmaceuticals I was charged for.

I would think the no DL and no insurance would be more serious than the pods, and you may not even be charged for them. Whatever you do, don't talk to the police. If they ask you to talk to them, tell them your lawyer advised you not to, whether you have a lawyer or not. Trust me on this, I learned the hard way. DON'T TALK TO THE POLICE. As for whether you should get a lawyer...have you received a citation yet? What are you being charged with exactly? If you get a criminal citation, then you should get a lawyer. But the traffic tickets are not criminal. If the fines are ridiculous it might be worth hiring a lawyer, but lawyers are pretty expensive. You could always go with a public defender but I think that's only if you receive a criminal citation. For traffic tickets I'm pretty sure you can't get the public defender.

Why on earth did you tell the cops what was in the box? And why did you let them search your car? I'm not really in a place to criticize you as I recently did some stupid shit myself. Cops have a way of making people incriminate themselves. It's scary, really. But man...why did you tell them you sold pods on ebay? Selling drugs is wayyy more serious than possession.

I am pretty sure cops can't open USPS packages without a warrant. Of course, that's out the window when you VOLUNTARILY GIVE IT TO THEM.

By the way they won't give you a police report. Once the report is made (may take a few weeks) you can get a copy. My lawyer got me my copy, I don't know how to get one otherwise. If you don't receive a criminal citation then they may not even make one.

[insanesteveo]

well guys, thanks for the input. im sure i have left some things out, like did i mention he found a very old medicine bottle that more than likely reeked of weed still, did nothing. he also asked me at one point to roll my sleeves up all the way. i dont iv so i wasnt worried, but it shocked me he asked.

if i remember right, i believe that the cops said something about getting heroin from the pods and nothing else. they must have thought i was making the heroin or something.

still fucked up they let me drive away. still havent heard from them. also, with them on my ass, i cant really order any more pods so i have been forced into w/ds. luckily i had about 4mg of suboxone left which helped for a couple days, along with about 10 pods and 250 or so stems and knobs. so the pods lasted 3 days, barely, and then 2 days for the subs, then i have had the last 3 days off work luckily, but i dont feel completely like shit, just worn out, tired, restless like a mofo, and cant sleep. i actually seem to be happier and more talkative too, that could just be the masses of weed ive been smoking to keep sane. almost out of the w/ds and hopefully i can go longer than a month or two like every other time i quit.\

thanks again guys! happy days!

[Fat Pie]

Bullpies! Pods are pods and heroin is heroin. There is a BIG difference between the two and massive steps need to be taken to turn one into the other. Not to mention you'd need a crop full of them, fresh and fully grown to ripeness in order to actually glean anything meaningful you could use to manufacture into heroin off of them. Then again, if they're illegal to possess, they're illegal to possess, but there must be some reasonable amount below which they aren't considered suspicious. Ante-up and call a lawyer is possible, then sit tight and see what they do. I'd give up on getting the poppies back though, even if you are cleared, they'll probably keep them as 'evidence' or some bullshit.

[sweetpoppygrrl]

(it's impossible to weave them into a wreath with no stems).

sorry, but wrong on that one--- get a pre-done wire wreath, then use
a) this stuff called 'oasis'---it's a dried foam medium that you can poke stuff into (there's a mean machine that wraps a steel pick around short stems--- nasty lil buggers to poke yerself with)--- wrap oasis around the wreath, then poke away---it'd be pretty!!!

b) use thin sticks (all this shit you could get in the floral dept at wally world---should you be so inclined to have a "sample" of your "wares") and floral tape and arrange the shit around the wreath with some nice silk greens and such--- just sayin'...:cool:

[OverDriven]

sorry, but wrong on that one--- get a pre-done wire wreath, then use
a) this stuff called 'oasis'---it's a dried foam medium that you can poke stuff into (there's a mean machine that wraps a steel pick around short stems--- nasty lil buggers to poke yerself with)--- wrap oasis around the wreath, then poke away---it'd be pretty!!!

b) use thin sticks (all this shit you could get in the floral dept at wally world---should you be so inclined to have a "sample" of your "wares") and floral tape and arrange the shit around the wreath with some nice silk greens and such--- just sayin'...:cool:

Well I'm sure you CAN do it, but most of the time people who buy them for wreaths get them with plenty of stem attached. It certainly isn't proof of anything, but I have heard of law enforcement using this as an argument in court. I'm just saying...it doesn't really look good.

Hopefully this whole thing will just blow over though. I hope the OP keeps up updated.

[sweetpoppygrrl]

used to be a floral designer---had to work with a lot of short shit and MAKE it work---
trix o de trade, baby...
definitely doable---
plus, you got "examples";)

[Paregoric Kid]

well sometimes crazy shit happens. someone I know drove without a drivers license for 15 years and got pulled over once. he told the cop he didn't have a license and the cop asked how long he'd been doing that and he told the cop 15 years and the cop let him go. crazy shit! you don't need insurance to get tags renewed. you don't need a license to get insurance either, from most companies anyway. you better be damn lucky the cop didn't have them analyzed because then you are looking at possession and possibly possession with intent to distribute a schedule II controlled substance. I wouldn't bother arguing what they were for, get a lawyer and work on a defense with him. hopefully nothing comes of it. however as it is you could move away legally right now but I'd find out what kind of charges you would face should they decide to prosecute before going to that extreme.

[Chemical_Boy]

well guys, thanks for the input. im sure i have left some things out, like did i mention he found a very old medicine bottle that more than likely reeked of weed still, did nothing. he also asked me at one point to roll my sleeves up all the way. i dont iv so i wasnt worried, but it shocked me he asked.

if i remember right, i believe that the cops said something about getting heroin from the pods and nothing else. they must have thought i was making the heroin or something.

still fucked up they let me drive away. still havent heard from them. also, with them on my ass, i cant really order any more pods so i have been forced into w/ds. luckily i had about 4mg of suboxone left which helped for a couple days, along with about 10 pods and 250 or so stems and knobs. so the pods lasted 3 days, barely, and then 2 days for the subs, then i have had the last 3 days off work luckily, but i dont feel completely like shit, just worn out, tired, restless like a mofo, and cant sleep. i actually seem to be happier and more talkative too, that could just be the masses of weed ive been smoking to keep sane. almost out of the w/ds and hopefully i can go longer than a month or two like every other time i quit.\

thanks again guys! happy days!

That whole situation sucks man. Maybe you could have a friend order them for you or something... Or get some poppy seeds.... I don't know if your small town is too small to have a place where you can get bulk seeds...

I never tried that myself so I don't really know how well that works, but some folks seem to swear by them.

I just feel for ya.... good luck and keep dropping updates if you can.

[EleusisII]

Fuck, I don't have a licence, and got stopped twice. First time they told me just to come down to the PD the next day, and show them my imaginary licence (I managed to spin some BS tale)
The other time they made me leave the car where it was, and walk home. I snuck back to the car after they left, and drove it home :)

Don't forget, cops are crazy busy people too sometimes. Forget stuff, or have more important shit to deal with.

Keep us updated!

[More Feen]

Although there were many good arguments made for a possible defence/justification, don't expect the law, lawyers, courts or jury members to practise common sense.

If you remember the scene from BLOW, JD says to the judge, something like:

"Your honor, all I did was transport some plants."

Judge:

"Oooh, unfortunately the plants you were transporting were illegal and you crossed several state lines. 2 Years at [some federal facility]."

(quotes are approximate, not exact)

M F

[Paregoric Kid]

we need a legal professional here at opiophile! especially considering the trouble a lot of us seem to get into, it comes with the territory of some forms of opioid use. it would be cool to get someone who is very knowledgeable about drug law and have it be kind of like how we have medical professionals to moderate and answer health related questions.

but yeah consult a lawyer, should be free, find out what you are facing should they choose to prosecute. if they end up investigating this further do not bother trying to say why you had them, you may well end up digging yourself a deeper hole, and in my opinion it is never good to wave your fifth amendment rights or to lie to law enforcement (without a lawyer), best to just keep quiet and talk to a lawyer.

[hovadagod]

You need to get a lawyer who will call the police and see what's going on. If you have a lawyer they probably won't come arrest you but will instead call your lawyer and have you surrender (worst case).

[devilsdrug]

what a bunch of dumb asses, yule get us all cut off , and on another note while readin the or sheriffs ass. mag , i see where 45000 p. som plants were found growin in a recent clearcut

[poonwhalla]

After cops initially charge you, they have 30 days to add more charges if they want. At least that is what a lawyer told me about a charge I had recently in NJ. Hopefully nothing will come of it but you should keep your nose clean or stay way off the radar for a while

[Atterall]

You might avoid the lawyer till you actually get arraigned (a time when the court charges you with the crime and asks you if you have a lawyer, they usually wait till you have one before they proceed)
As long as your not charged with intent to distribute or a manufacturing charge, possession of poppy straw in Iowa looks fairly liberal. You'd be charged with having a schedule 2 substance.
Iowa Code § 124.401(5)--

[...Any person who violates this subsection is guilty of a serious misdemeanor for a first offense . A person who commits a violation of this subsection and who has previously been convicted of violating this chapter or chapter 124A, 124B, or 453B is guilty of an aggravated misdemeanor. A person who commits a violation of this subsection and has previously been convicted two or more times of violating this chapter or chapter 124A, 124B, or 453B is guilty of a class "D" felony. ....]

The law/statute goes on to say something about drug treatment being an alternative to a jail sentence or fine, which would be less than a year and less than $2,000(if it's your first offense). Seems like any state with the principle of drug treatment over incarceration on the books will look a little more kindly upon a functional assumably white suburbanite than one without. I'm assuming most pod users will fit that stereotype =p.

Looking at intent to distribute charges which seem similar if not the same to manufacturing charges it gets a lot more serious, with a class c felony. I'm guessing the cops won't be back, a case to prove your manufacturing a drug out of the poppy straw (e.g. heroin) would probably be a first( I don't have access to Lexis or Westlaw). I don't see it happening. If you had laboratory equipment, solvents and acetic anhydride(sp?) they(the district atty) might be a case for that.

Intent to distribute with you telling the officer you were selling them on ebay wasn't good, though it sounds like ebay may have deleted records of the auctions where you sold them ? You might look into if ebay deletes there records or just warehouses them somewhere.

I'm not a lawyer, don't construe any of this as professional advice. If you want advice that applies to your case, talk to a good lawyer. Freedom is priceless.

[LeChuck]

I agree with the above poster about waiting to get a lawyer (a private one anyway). In my opinion the OP should talk to the public defender about it, and if it seems serious a better lawyer may be warranted. The OP should wait until he gets the actual citation in any case, as nothing is going to happen in the meantime. And once you get the citation, if there IS a criminal charge, there will be some time before his court date, probably a few weeks. Plenty of time to get a better lawyer if you need to. But meanwhile it wouldn't hurt to talk to the public defender as it's free. Just call him/her up and make an appointment.

[Atterall]

I agree with the above poster about waiting to get a lawyer (a private one anyway). In my opinion the OP should talk to the public defender about it, and if it seems serious a better lawyer may be warranted. The OP should wait until he gets the actual citation in any case, as nothing is going to happen in the meantime. And once you get the citation, if there IS a criminal charge, there will be some time before his court date, probably a few weeks. Plenty of time to get a better lawyer if you need to. But meanwhile it wouldn't hurt to talk to the public defender as it's free. Just call him/her up and make an appointment.

There might be some difficulty with trying to get the public defender to give him any advice if he doesn't have a criminal charge against him. Attorneys are usually pretty busy no matter if they work for themselves or indirectly for the government. Probably aren't too many attorney's will be able to tell him off the top of their head what people get charged with when they get caught with some "dried flowers", they are going to have to do some research. All that time they'll spend researching the what-ifs of a potential criminal charge won't really appeal to them, they'll probably rather work on a case that actually has been brought up.

It's worth trying but I don't think they'll be obligated to do anything for you until your charged. Who knows you might pique their interest about the next "dried flower epidemic" that they will be dealing with ;).

[Paregoric Kid]

you can get a free consultation with most lawyers. I don't think you can get a public defender unless you are already facing charges.

[hovadagod]

Wait to get a lawyer????

[Thanat0s]

there should be some free bar association sponsered fellow to talk to, call yer state assn and just get a free 30 minute chit chat. i did so in cali anywho.

[MoreNowAgain]

In my state we have a lawyer referral service number that you can call. The website for my state has this national number listed
Statewide and Nationwide Toll-Free Number: (800) 552-7977
When I used this service there was a charge of $35 to meet with a lawyer and discuss your case. However, many of them talked about it with me over the phone for free. Keep in mind that they are going to tell you that you need a lawyer because they want your money. :rolleyes: It turned out that I wasted my money because I really didn't need the lawyer (but I had a different type of case.) It certainly made me feel more secure to be able to discuss it with someone.

[LeChuck]

There might be some difficulty with trying to get the public defender to give him any advice if he doesn't have a criminal charge against him. Attorneys are usually pretty busy no matter if they work for themselves or indirectly for the government. Probably aren't too many attorney's will be able to tell him off the top of their head what people get charged with when they get caught with some "dried flowers", they are going to have to do some research. All that time they'll spend researching the what-ifs of a potential criminal charge won't really appeal to them, they'll probably rather work on a case that actually has been brought up.

It's worth trying but I don't think they'll be obligated to do anything for you until your charged. Who knows you might pique their interest about the next "dried flower epidemic" that they will be dealing with ;).
Yeah I really don't think there's any point of the OP getting a lawyer before he gets the actual citation. When I was arrested I got my citation that day. If the OP hasn't gotten one yet, it's probably not a very high priority case, which is good news. And Atterall is right, the public defender (or any lawyer) isn't going to know what to do with it if you haven't been charged yet. Can always talk to a lawyer or PD for advice, but in my experience lawyers are difficult to get ahold of if you aren't already a client, as they don't really want to waste time giving out free advice when they could be charging you $5000 for a retainer on a case where you probably don't even need a lawyer...

[HandMeSomeOpiates]

Although there were many good arguments made for a possible defence/justification, don't expect the law, lawyers, courts or jury members to practise common sense.

If you remember the scene from BLOW, JD says to the judge, something like:

"Your honor, all I did was transport some plants."

Judge:

"Oooh, unfortunately the plants you were transporting were illegal and you crossed several state lines. 2 Years at [some federal facility]."

(quotes are approximate, not exact)

M F

Yeah great movie!!


"You're honor, all I did was transport some plants across an imaginary line."

Judge:

"Unfortunately the plants you were transporting were illegal. And that imaginary line was real. 2 Years"!

[OverDriven]

OP, any updates?

[More Feen]

Yeah great movie!!


"You're honor, all I did was transport some plants across an imaginary line."

Judge:

"Unfortunately the plants you were transporting were illegal. And that imaginary line was real. 2 Years"!


thanks for correcting me quotes--I's did 'em from memmory--not too far off, eh?

M F

[GOLD N DIEMONDS]

thanks for correcting me quotes--I's did 'em from memmory--not too far off, eh?

M F

More Feen- Question Please:
WHAT IS A MEMORY?

AM I forget something?
:D

[hovadagod]

I'd get a lawyer just to avoid being arrested at a random time. The lawyer can at least arrange your surrender. Try doing that without a lawyer.

[More Feen]

More Feen- Question Please:
WHAT IS A MEMORY?

AM I forget something?
:D


My good man Goldie!!

I don't know exactly what you're axing me, but if you're talking about how the brain & the neurons make & keep memories, fooook, no idea. AFAIK doktors & researchers aren't sure how that shyte works.

If you find out--maybe win yerself a Nobel Prize (if there are any left that year).

If that wasn't your question--give it to me again.

M F

[Ozzy]

im pretty sure they know what they are.
im pretty fucked, huh?

should i run away?
If he just confiscated them and didn't write anything about them on the citation, I doubt he can use them to build a case against you down the line or even when you go in for the traffic shit.