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A good friend of mine just got raided by the DEA. I'm wondering how much trouble he is in...
http://www1.pressdemocrat.com/articl...21/1033/NEWS01
Any advice would be appreciated. He a nice guy and great friend, I'm hoping he won't be missing the next 20-25 ski seasons.
I don't smoke weed so I know nothing about the legalities involved.
Since the feds are involved he is in some deep water. Even if he had a state license to grow, the federal drug laws trump state law. He should retain a very good defense lawyer immediately. If this is a first offense, he will be offered a plea. But he should be represented by the best defense attorney he can afford.Quote:
Originally Posted by Patches
Edit to add, the federal sentencing guidelines don't care if the plants had fully grown out or were just seedlings. There are "purity" ratios that will be determined, which is how I think they got the 7lbs. Regardless, he should seek VERY GOOD counsel immediately.
With that many plants, packaged weed and a digital scale - and the Feds. Get a very good lawyer.
If he gets the plea - he needs to move on to something else. They will be watching him for some time.
If it goes to trial - being on the Cali coast is good for the jury selection. Good luck.
a lot of trouble
additionally, your friend should probably stop talking to the press. he is just giving the feds a host of admissible evidence to use against him to not only screw him in any plea deal, but admissible at trial.
I was just thinking the same thing with his talking to the press.
Physical evd is bad enough against him, but his quotes are pure gold for prosecution to disprove his ignorance of means of distribution.
That and many of his statements to the press can be construed as admissions.Quote:
Originally Posted by trainnvain
Ditto on the press - some of that couldnt have been written any clearer as a formal confession.
This whole state vs fed thing has yet to play out - maybe he will be a test case - with 20years of prison time on the line.
Gonzales v. Raich. Federal drug laws preempt state laws even if the drugs are only transported for intrastate purposes.Quote:
Originally Posted by smitchell333
California has been having these problems for years. In almost all these circumstances its the DEA who comes to your door not the state police. Its frightening but its very comon and expected in the medical scene. Usually the DEA wont arrest the patient but instead theyll shake up the grow room and leave. It looks like they might have been checking into him before the raid. If he took it straight to the clubs or other patients he's considered a Caregiver and should be ok . Depending on where he lives, 7 lbs shouldnt be that big of a problem. Caregivers are getting busted with up to 100 lbs in Cal. and usually avoid serious charges.
though he might want to consider .....
a. shutting up.
b. getting in touch with a laywer (probably already done)
c. he needs to call his doctor and have the doctor ready to come into court
d. a record of the patients should be noted. - he basically needs to prove that the "medicine" was going into the right hands. medicine can be buds or clones.
the good thing about this is that what he was doing was NOT illegal. if he was selling it to the wrong people than that might be a problem.
hope that helps man, i've yet to hear of a patient doing serious time with this circumstance.
if it will make you feel better, it might go something like this.
http://www.indybay.org/newsitems/200...3/18337555.php
you might also tell your friend that his drug is not a good choice for that. in fact it may cause it
What? 20-25 years for growing some plants?! Thats just crazy man.
best buy him some soap-on-a-rope
Evan needs to STFU and let his lawyer do the talking.
Don't cops weigh the whole plant (not just buds) when they say "7 lbs of marijuanna"?
It's a county by county issue in NorCal. The locals won't bother with it, so the feds are back. A couple prosecutors ran on platforms of not fucking with growers and those counties are hassle-free - so far. But it appears that as the war in Iraq flounders, Bush will spend our tax money fighting these homegrown 'terrorists' until some real jihadists finally unleash a nuke in the US. Then Bush can stand up, with a straight face, and say, "We've been devoting untold resources to fight terrorism here in the US. I just can't magine how that nuke slipped past us." :rolleyes:
I'm sure Cheney and his cronies are trying to figure out how to corner the medical marijuana market before he leaves office.
Since he will be missing the next few ski seasons, does he have any good gear to go up on Gear Swap?;)
I'm guessing the medical MJ is for the migraines he said were side effects of his medication. However, MJ still would not be a good choice given his bipolar condition. I wouldn't want to be the Doc who prescribed this one....Quote:
Originally Posted by haydukelives
That's the problem with marijuana - billion dollar corporations can't control the production, so make it illegal!Quote:
Originally Posted by splat
Thanks to all, especially Rontele. I will pass this on to him - hopefully he will listen.
Hmmmm. Federal Pound-Me-In-the-Ass prison?
Lawyer, lawyer lawyer. And a good one.
Quote:
Originally Posted by Core Shot
What he said. Friend of mine is bipolar and he was constantly being informed by medical types that the weed is only making the situation worse. Using his doctor as part of the defense will be interesting - if the doctor shows up.Quote:
Originally Posted by haydukelives
Sounds like he was stoned when he talked to the press...I wish him the best of luck
if he cant turn someone he better get ready to party with bubba.
or he better run.
Quote:
Originally Posted by skierX
For even suggesting this I hope you burn in hell. :the_finge :the_finge :the_finge :the_finge :the_finge :the_finge :the_finge :the_finge :the_finge :the_finge :the_finge :the_finge :the_finge
Sadly, your friend's case illustrates a very important point. You have the right to remain silent and trying to explain yourself to the police, the media, or anyone else is almost always a really stupid idea. Now, everything he said (and he said a shitload) can and will be used against him. When arrested you should shut the fuck up. When you are caught red-handed with the goods you are not helping yourself by trying to explain it.
I like the defense: I'm so bad at commiting this "crime" that I can't possibly be guilty.
If he shuts up, he probably wont do any jail time. However he's already blown that one.
Quote:
Originally Posted by Patches
uhm, what does smoking weed have to do with knowing or not knowing legalities?
Clearly, you didn't go to law school in Colorado...Quote:
Originally Posted by MacDaddy
http://srimg.ny.publicus.com/apps/pb...xW=390&title=1
That is a serious operation right there. Just a few points, Railroad Square is downtown Santa Rosa, a city of 151,000. He was growing in his apartment and obviously those vents had to blow the unmistakable scent of flowering plants somewhere outside and if I were stodgy wing-tip neighbor, well......
very good for a JONG :)Quote:
Originally Posted by JKon