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just saw this at another board.
#3
Today, 08:25 PM
ChadKnowsLaw
Lil Devil
Join Date: Mar 2008
Location: Phoenix
Posts: 295
Re: 420 ok?
I am 100% in support of complete legalization of marijuana.
However, if you use real marijuana in a shoot you need to grow up.
Never use real drugs in a shoot. Ever. You run the risk of invalidating your model release because a valid release can only be signed by an adult who is not under the influence. A model can't legally sign away his rights if he is drunk, high or stoned. A model that _gets_ drunk high or stoned is not able to make the decision to continue with the shoot, so signing the release while sober but getting drunk high or stoned does not protect the producer.
The producer runs the risk of a model getting an attorney who will work on contingency and files a claim against the producer who will need to pay a lawyer up front. If that model was stoned during the shoot or got stoned during the shoot, the producer will lose either by losing outright or paying tens of thousands of dollars in defense. Either way, the producer loses. If only real tobacco was used (this is why it is a PROP -- props are not real) the issue will never arise.
The next risk is that giving models drugs on a shoot violates criminal laws, and not just state. State and federal laws criminalize distribution, and they like to call it "trafficking" Even in states where medical marijuana use is legal, unless you are a licensed dispensary giving out drugs is trafficking. And the real kicker is that you filmed it yourself -- there's the evidence right here on your own damn website! City, State or federal prosecutors have between 2 and 5 YEARS from the date of filming to file criminal charges against you. And again, you created the evidence against yourself with the date of production being readily available.
If you want to use a prop, use a prop. Don't ever use real drugs in a shoot.
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