Caught with weed in Canada

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  • moeloubani
    Confirmed User
    • Dec 2007
    • 4235
    #1

    Caught with weed in Canada

    Today I was in my buddies car, rolling up a J when police came in on us and started asking questions, said it smelled like weed and started searching. They found 30+ grams of weed - my buddy admitted it was all his (which it was) and I didn't say anything, even after the cop grilled me and made me sit in the most boring room ever for 4 hours i still wouldn't say anything. They found the joint in my pocket and I got charged with Possession with intent to distribute.

    But my buddy said the 30+ grams was his, and I think i got charged for just not saying anything. I'm not really up for paying $10k to a lawyer just because some balding cop didn't get a BJ from his wife that morning. This is in Ontario, Canada, weed laws here are silly. So am I legally in possession of all the weed, even if the other guy said it was his? Can they charge me with that?
    Tags: None
    • baddog
      So Fucking Banned
      • Apr 2001
      • 107089
      #2
      Accessory.

        Comment

        • d-null
          . . .
          • Apr 2007
          • 13724
          #3
          it shouldn't cost you 10k for a lawyer

          I would expect even a half assed lawyer would get this dropped before it even makes it to trial, but I'm not giving any legal advice because I am not a lawyer

          when you are charged with something though, I would take it seriously and do what you have to to take care of yourself

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            Comment

            • Jdoughs
              Confirmed User
              • Mar 2004
              • 5794
              #4
              To bad that weed wasnt just under 30 grams, instead of just over.

              The threshold for possession or distribution is an OZ.

              You had a joint in your pocket, so sure they can charge you with possession, and if there was that much present in the car, they can charge everyone in the car with it.
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                • Jdoughs
                  Confirmed User
                  • Mar 2004
                  • 5794
                  #5
                  Was it OPP?
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                    • xxxdesign-net
                      My hips don't lie
                      • Nov 2002
                      • 10129
                      #6
                      isnt it your right to remain silent until you've seen your lawyer?

                        Comment

                        • moeloubani
                          Confirmed User
                          • Dec 2007
                          • 4235
                          #7
                          yeah i stayed silent the whole time, like when he asked me about this stuff i just said id like to exercise my right not to say anything and it made him ANGRY he hated that and tried to shrug it off, even had the nerve to tell me to be 'honest' and i snapped back that everything i told him was honest

                          they also took my cell phone and my laptop which is pretty gay, he was telling me that he found tons of texts on my cell phone and phone calls that all proved i was selling weed, the funny thing is ive never sold weed and there is no text messages on the phone like that, at all. like i dont even text message with my close friends or anyone about weed, so i think he was just trying to be an asshole.

                            Comment

                            • d-null
                              . . .
                              • Apr 2007
                              • 13724
                              #8
                              get a lawyer

                              it sucks, but you'd be surprised how differently the whole system works when you have a lawyer

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                                • moeloubani
                                  Confirmed User
                                  • Dec 2007
                                  • 4235
                                  #9
                                  Originally posted by Jdoughs
                                  Was it OPP?
                                  no Waterloo Regional Police.

                                  like do i have to say to them that weed wasn't mine to not charge me with that? i thought the cops had to prove something to charge you with it, not accuse you and wait for you to tell them otherwise and if you don't say anything, charge you.

                                    Comment

                                    • Jdoughs
                                      Confirmed User
                                      • Mar 2004
                                      • 5794
                                      #10
                                      Generally, they will charge both of you and let the courts decide who's weed it is.

                                      If he took the heat for it (and does so in court) chances are they will procede with charges against him, and drop yours, OR set yours to a possession fine.

                                      Edit reply to above, they have proof its yours, a joint was in your pocket. So they charge both with the weed and send it to trial, where usually, one person walks with the beef.
                                      Last edited by Jdoughs; 04-08-2009, 10:10 PM.
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                                        • baddog
                                          So Fucking Banned
                                          • Apr 2001
                                          • 107089
                                          #11
                                          Originally posted by Jdoughs
                                          To bad that weed wasnt just under 30 grams, instead of just over.

                                          The threshold for possession or distribution is an OZ.

                                          You had a joint in your pocket, so sure they can charge you with possession, and if there was that much present in the car, they can charge everyone in the car with it.
                                          28g in an OZ

                                            Comment

                                            • Jdoughs
                                              Confirmed User
                                              • Mar 2004
                                              • 5794
                                              #12
                                              Originally posted by baddog
                                              28g in an OZ
                                              I know, his original post said they had "30+ grams", and I said "to bad it wasnt under 30 instead of over"

                                              Meaning, had they smoked a few first, would have been a possession charge (well, and probably a DUI now).
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                                                • TeenCat
                                                  Too lazy to set a koala
                                                  • Jan 2007
                                                  • 16131
                                                  #13
                                                  if i have 30g of weed i would never smoke near that weed ... why? dont know answer to your question, but lesson learned i say ...

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                                                    • d-null
                                                      . . .
                                                      • Apr 2007
                                                      • 13724
                                                      #14

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                                                        • Ozarkz
                                                          So Fucking Banned
                                                          • Jan 2009
                                                          • 2377
                                                          #15
                                                          Originally posted by moeloubani
                                                          They found the joint in my pocket and I got charged with Possession with intent to distribute.
                                                          I think over 28 grams is trafficking in Canada.

                                                          That really sucks he admitted to it all being his and they still charged you for it?

                                                          You get a ticket to appear in court?

                                                          You are going to want to read the full disclosure and see what the cops wrote down.

                                                          I'd show it to a lawyer.

                                                          I think you can talk to the crown yourself without a lawyer or you can get the public free lawyer.

                                                          You only had the 1 - 2 gram joint that's just a fine. But they have connected you with the rest of the weed.

                                                          Your friend has admitted it's all his so that makes it pretty simple.

                                                          The judges don't give a fuck about weed and they hate the police.

                                                          It's really easy to get off soo many loopholes. If you want to be a criminal you do it in Canada.

                                                          I got caught with 14 grams (personal) in Canada the police illegally searched me and lied on the report. My charge was completely dismissed.

                                                          "You say he was smoking a joint at the time but you don't have the joint as evidence? did you lose it?"
                                                          "Uhhhhhh"
                                                          "Well then you had no reason to search him"
                                                          "BAM"

                                                          Oh btw you REALLY don't want a drug charge on your record if you like traveling.
                                                          Last edited by Ozarkz; 04-08-2009, 10:30 PM.

                                                            Comment

                                                            • moeloubani
                                                              Confirmed User
                                                              • Dec 2007
                                                              • 4235
                                                              #16
                                                              i dont even care about the charge, i dont sell weed so they aren't going to be able to prove that, ill take a mute into court with me as my lawyer if i want - it won't matter i dont sell weed and they have 0 evidence that does

                                                              the thing that pisses me off is the guy was able to even charge me with that without any evidence. that and they took my cell phone (and im not allowed to have one now) and my laptop (xmen wolverine was freshly burned and ready to be watched post J in the CD slot )

                                                              now i have to wait 2 months till i get my day in court just so they can set a trial date for months in the future just so they can make everyone write allll these papers and in the end - charge me with possession of less than 1 gram of weed.

                                                                Comment

                                                                • stickyfingerz
                                                                  Doin fine
                                                                  • Oct 2005
                                                                  • 24984
                                                                  #17
                                                                  Originally posted by Jdoughs
                                                                  Was it OPP?
                                                                  Ya you know me...

                                                                    Comment

                                                                    • Ozarkz
                                                                      So Fucking Banned
                                                                      • Jan 2009
                                                                      • 2377
                                                                      #18
                                                                      I had a friend squeel his tires while leaving a convenient store.

                                                                      What he didn't know was their was a rape happening in the area.

                                                                      Someone heard his tires squeel and called the cops saying it looked suspicious.

                                                                      The rape was reported and the police followed up by going to my friend's house to question him.

                                                                      He denied everything and told them what he was doing and they still arrested him and charged him with 24 counts of rape... Basically all the unsolved rapes that happened in the area.

                                                                      Had to hire one of the top lawyers in Canada and post a 500k bond or bail or whatever the fuck it's called.

                                                                      He was put under house arrest for over a year while he had to go thru trial.

                                                                      He even had to go to prison after being all over the news.. They even associated him with raping a little girl.. He said when he got to the prison other inmates were waiting for him ready to kill him.. They had to separate him from the other inmates.. after getting beat the fuck up..

                                                                      All because he pealed out while leaving a convenient store and some nosey mofo called it in to the police as suspicious..
                                                                      Last edited by Ozarkz; 04-08-2009, 10:42 PM.

                                                                        Comment

                                                                        • NicelyWritten
                                                                          Confirmed User
                                                                          • Feb 2009
                                                                          • 161
                                                                          #19
                                                                          Hope things work out for you Moe.

                                                                          That's utter bullshit.
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                                                                            • Sam Granger
                                                                              Confirmed User
                                                                              • Dec 2004
                                                                              • 3958
                                                                              #20
                                                                              40 grams could be smoked by 1 person in 2 days. Damn laws!

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                                                                                • bobby666
                                                                                  boots are my religion
                                                                                  • Nov 2005
                                                                                  • 21765
                                                                                  #21
                                                                                  Originally posted by Sam Granger
                                                                                  40 grams could be smoked by 1 person in 2 days. Damn laws!
                                                                                  i think i still have to train a little bit on smoking

                                                                                    Comment

                                                                                    • Sam Granger
                                                                                      Confirmed User
                                                                                      • Dec 2004
                                                                                      • 3958
                                                                                      #22
                                                                                      Originally posted by bobby666
                                                                                      i think i still have to train a little bit on smoking
                                                                                      Same here. I personally wouldn't be able to do it, but I know my housemate could.

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                                                                                        • wootpr0n
                                                                                          Confirmed User
                                                                                          • Apr 2007
                                                                                          • 250
                                                                                          #23
                                                                                          Basically, you were caught with weed in your pocket. They can prove possession, but they can't prove intent to distribute.

                                                                                          Right off the bat, we have 2 issues here.

                                                                                          First, when you demanded to exercise your right to remain silent, the cop chose to keep talking to you. So anything that took place after you told him that cannot be used against you (assuming that you get a lawyer who insists on this).

                                                                                          Second, and most obvious, what is the probable cause for the cop to come and ask you questions? The police don't have a right to just come up to your car and question you/search your vehicle. This is considered detaining you, and they need probable cause. If you were speeding, failed to stop at a stop sign, your car was reported stolen, etc, then there is a reason. But otherwise, any evidence obtained from this should be suppressed.

                                                                                          As far as lying to you to tell you that there were text messages on your phone, that is very typical. All cops are liars. This is what they do.

                                                                                          There is no use arguing with a cop or denying anything. Just don't say anything. Once they have arrested you, there is absolutely nothing that you can tell them that will make them let you go.

                                                                                          So your friend will be in a world of trouble because they got him to admit that he was in possession. If he gets a good lawyer, they can throw this whole thing out because of the unlawful search (no probable cause). If not, then the prosecutor will make him a plea agreement. He pleads guilty and gets probation or a year or 30 days or whatever is typical.

                                                                                          And they will really offer you the same deal. You are in a better situation because you didn't talk. But they will consider you to be in possession of all of the weed as well. The one joint that you have just makes it even easier to prove it.

                                                                                          If you get a good lawyer, they will either agree to drop the charges in exchange for nothing, or if they think that the case is weak, and your friend doesn't accept their deal, then you will testify against your friend.

                                                                                          If you were in America, I would suggest this lawyer:

                                                                                          http://www.potlawyer.com/

                                                                                          But in Canada, there is only one man for the job:

                                                                                          http://www.craigpenney.com/
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                                                                                            • d-null
                                                                                              . . .
                                                                                              • Apr 2007
                                                                                              • 13724
                                                                                              #24
                                                                                              Originally posted by wootpr0n
                                                                                              ...

                                                                                              But in Canada, there is only one man for the job:

                                                                                              http://www.craigpenney.com/
                                                                                              that lawyer's example cases are good reading about rights and procedures

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                                                                                                • GothBuXXX
                                                                                                  Registered User
                                                                                                  • Apr 2009
                                                                                                  • 54
                                                                                                  #25
                                                                                                  I would go with a good lawyer.. chances are it will save you money in the long run.

                                                                                                  I thought Canada was all progressive compared to the states...especially with weed laws...oh well.

                                                                                                    Comment

                                                                                                    • d-null
                                                                                                      . . .
                                                                                                      • Apr 2007
                                                                                                      • 13724
                                                                                                      #26
                                                                                                      Originally posted by GothBuXXX
                                                                                                      I would go with a good lawyer.. chances are it will save you money in the long run.

                                                                                                      I thought Canada was all progressive compared to the states...especially with weed laws...oh well.
                                                                                                      it is just like the states, it all depends in which state or province you are

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                                                                                                        • papill0n
                                                                                                          Unregistered Abuser
                                                                                                          • Oct 2007
                                                                                                          • 15547
                                                                                                          #27
                                                                                                          Originally posted by TeenCat
                                                                                                          if i have 30g of weed i would never smoke near that weed ... why? dont know answer to your question, but lesson learned i say ...
                                                                                                          here is your lawyer

                                                                                                            Comment

                                                                                                            • papill0n
                                                                                                              Unregistered Abuser
                                                                                                              • Oct 2007
                                                                                                              • 15547
                                                                                                              #28
                                                                                                              seriously though the pot laws are as fucked in canada as they are here in oz

                                                                                                                Comment

                                                                                                                • seeandsee
                                                                                                                  Check SIG!
                                                                                                                  • Mar 2006
                                                                                                                  • 50945
                                                                                                                  #29
                                                                                                                  smoking shit
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                                                                                                                    • ChatCash_Rob
                                                                                                                      Confirmed User
                                                                                                                      • Apr 2004
                                                                                                                      • 749
                                                                                                                      #30
                                                                                                                      Man they must be bored, or you guys really pissed them off...
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                                                                                                                        • Rice_Master
                                                                                                                          Confirmed User
                                                                                                                          • Mar 2001
                                                                                                                          • 1582
                                                                                                                          #31
                                                                                                                          they were able to search your car without a warrant?
                                                                                                                          Icq: 31706665

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                                                                                                                            • Twistys Tim
                                                                                                                              Confirmed User
                                                                                                                              • Apr 2008
                                                                                                                              • 1923
                                                                                                                              #32
                                                                                                                              Get a lawyer.


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                                                                                                                                • WarChild
                                                                                                                                  Let slip the dogs of war.
                                                                                                                                  • Jan 2003
                                                                                                                                  • 17263
                                                                                                                                  #33
                                                                                                                                  Originally posted by Rice_Master
                                                                                                                                  they were able to search your car without a warrant?
                                                                                                                                  Of course they can, it's called probable cause. If you SMELL like Marijuana, there's probable cause to believe you HAVE Marijuana. No search warrant needed.
                                                                                                                                  .

                                                                                                                                    Comment

                                                                                                                                    • SuckOnThis
                                                                                                                                      So Fucking Banned
                                                                                                                                      • Oct 2003
                                                                                                                                      • 6844
                                                                                                                                      #34
                                                                                                                                      Originally posted by baddog
                                                                                                                                      28g in an OZ
                                                                                                                                      Actually its 28.3495 g

                                                                                                                                        Comment

                                                                                                                                        • SuckOnThis
                                                                                                                                          So Fucking Banned
                                                                                                                                          • Oct 2003
                                                                                                                                          • 6844
                                                                                                                                          #35
                                                                                                                                          Here's an excellent video by a law professor on why NEVER talk to the cops. Kind of long but its a lifetime of info

                                                                                                                                            Comment

                                                                                                                                            • Martin
                                                                                                                                              "Assassins"
                                                                                                                                              • Dec 2001
                                                                                                                                              • 17274
                                                                                                                                              #36
                                                                                                                                              Hire a lawyer? No need.. If it goes to court show up and say sorry and you might get a fine. These stupid pigs are just breaking your balls. Fuck em.

                                                                                                                                                Comment

                                                                                                                                                • HeavenLeeGoddess
                                                                                                                                                  Confirmed User
                                                                                                                                                  • Jan 2006
                                                                                                                                                  • 428
                                                                                                                                                  #37
                                                                                                                                                  Originally posted by moeloubani
                                                                                                                                                  my laptop
                                                                                                                                                  They are probably reading this thread with it.
                                                                                                                                                  I am no ANGEL

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                                                                                                                                                    • pornocruto
                                                                                                                                                      Confirmed User
                                                                                                                                                      • Jan 2009
                                                                                                                                                      • 1308
                                                                                                                                                      #38
                                                                                                                                                      Damn, sucks to be you right now.

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                                                                                                                                                        • LadyMischief
                                                                                                                                                          Orgasms N Such!
                                                                                                                                                          • Sep 2002
                                                                                                                                                          • 18135
                                                                                                                                                          #39
                                                                                                                                                          Anytime a cop has found weed on me in canada they have taken it and let me go because they say they "don't want to do the paperwork". I'm shocked they did anything really, probably only because your buddy had so much. If it was just a j they likely wouldn't even bother.

                                                                                                                                                          (I never got charged with anything ever.)

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                                                                                                                                                            • TeenCat
                                                                                                                                                              Too lazy to set a koala
                                                                                                                                                              • Jan 2007
                                                                                                                                                              • 16131
                                                                                                                                                              #40
                                                                                                                                                              Originally posted by Sam Granger
                                                                                                                                                              Same here. I personally wouldn't be able to do it, but I know my housemate could.
                                                                                                                                                              impossible ... we was trying to smoke as much as is possible at our cannabis cup, we was three guys, rolling joints, every joint was packed from 6 grams and nobody finished the second one in about 8 hours ... i cant imagine how someone can do 40 grams ... oh well, another thing is if someone was smoking cocaine or taking other crap, that can be like a nicotine for those people ...

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                                                                                                                                                                • LadyMischief
                                                                                                                                                                  Orgasms N Such!
                                                                                                                                                                  • Sep 2002
                                                                                                                                                                  • 18135
                                                                                                                                                                  #41
                                                                                                                                                                  Originally posted by TeenCat
                                                                                                                                                                  impossible ... we was trying to smoke as much as is possible at our cannabis cup, we was three guys, rolling joints, every joint was packed from 6 grams and nobody finished the second one in about 8 hours ... i cant imagine how someone can do 40 grams ... oh well, another thing is if someone was smoking cocaine or taking other crap, that can be like a nicotine for those people ...
                                                                                                                                                                  i wouldn't want to smoke that much, killer on the lungs. That's what they made vaporizors for ..

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                                                                                                                                                                    • Jman
                                                                                                                                                                      Already an AI veteran
                                                                                                                                                                      • Sep 2003
                                                                                                                                                                      • 22832
                                                                                                                                                                      #42
                                                                                                                                                                      To bad you ain't in Montreal, I would of reefered you a good lawyer ;-)
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                                                                                                                                                                        • The Seduction of Art
                                                                                                                                                                          Confirmed User
                                                                                                                                                                          • Feb 2009
                                                                                                                                                                          • 416
                                                                                                                                                                          #43
                                                                                                                                                                          It's Quebec a lot looser on pot? I heard in Quebec City people will smoke right out in the open.
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                                                                                                                                                                            • JimmiDean
                                                                                                                                                                              Confirmed User
                                                                                                                                                                              • Nov 2004
                                                                                                                                                                              • 3433
                                                                                                                                                                              #44
                                                                                                                                                                              He had 30 grams is the problem.
                                                                                                                                                                              Get a legal rep.
                                                                                                                                                                              You may end up with a criminal record without one and close a lot of doors on yourself.
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                                                                                                                                                                                • cherrylula
                                                                                                                                                                                  lol
                                                                                                                                                                                  • Jan 2002
                                                                                                                                                                                  • 15969
                                                                                                                                                                                  #45
                                                                                                                                                                                  another hero cop saving the day...

                                                                                                                                                                                  good luck.

                                                                                                                                                                                    Comment

                                                                                                                                                                                    • WiredGuy
                                                                                                                                                                                      Pounding Googlebot
                                                                                                                                                                                      • Aug 2002
                                                                                                                                                                                      • 34512
                                                                                                                                                                                      #46
                                                                                                                                                                                      Ah shit, Waterloo cops are dicks. They're overzealous rent-a-cops who get their highs off harassing university students. This part sucks, but get a lawyer. The second they're faced with a lawyer defending you, they'll lighten up really fast.
                                                                                                                                                                                      WG
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                                                                                                                                                                                        • xxxdesign-net
                                                                                                                                                                                          My hips don't lie
                                                                                                                                                                                          • Nov 2002
                                                                                                                                                                                          • 10129
                                                                                                                                                                                          #47
                                                                                                                                                                                          Originally posted by Ozarkz
                                                                                                                                                                                          I had a friend squeel his tires while leaving a convenient store.

                                                                                                                                                                                          What he didn't know was their was a rape happening in the area.

                                                                                                                                                                                          Someone heard his tires squeel and called the cops saying it looked suspicious.

                                                                                                                                                                                          The rape was reported and the police followed up by going to my friend's house to question him.

                                                                                                                                                                                          He denied everything and told them what he was doing and they still arrested him and charged him with 24 counts of rape... Basically all the unsolved rapes that happened in the area.

                                                                                                                                                                                          Had to hire one of the top lawyers in Canada and post a 500k bond or bail or whatever the fuck it's called.

                                                                                                                                                                                          He was put under house arrest for over a year while he had to go thru trial.

                                                                                                                                                                                          He even had to go to prison after being all over the news.. They even associated him with raping a little girl.. He said when he got to the prison other inmates were waiting for him ready to kill him.. They had to separate him from the other inmates.. after getting beat the fuck up..

                                                                                                                                                                                          All because he pealed out while leaving a convenient store and some nosey mofo called it in to the police as suspicious..
                                                                                                                                                                                          did your friend try to tell his story to the media and if so, how was it handled? Im guessing he could be sueing like mad over this... Was the girl raped in the convenient store? if not, thats hardcore insanity...

                                                                                                                                                                                          btw, wasnt there cameras in the convenient store proving the guy was there to buy? Did the girl confirm it was "the" guy?

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                                                                                                                                                                                            • TeenCat
                                                                                                                                                                                              Too lazy to set a koala
                                                                                                                                                                                              • Jan 2007
                                                                                                                                                                                              • 16131
                                                                                                                                                                                              #48
                                                                                                                                                                                              Originally posted by LadyMischief
                                                                                                                                                                                              i wouldn't want to smoke that much, killer on the lungs. That's what they made vaporizors for ..
                                                                                                                                                                                              yes i know im not smoking that much it was a "cannabis special" action smoking that much cannabis is making from me lazy dumb head zombie

                                                                                                                                                                                              6bot                                                                                                                                                                                               / Coming again very soon!
                                                                                                                                                                                              Svit Zlin Radio 24/7!

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                                                                                                                                                                                                • Brad Gosse
                                                                                                                                                                                                  Confirmed User
                                                                                                                                                                                                  • Jan 2002
                                                                                                                                                                                                  • 2616
                                                                                                                                                                                                  #49
                                                                                                                                                                                                  Get a lawyer and demand a jury trial. Not sure if it's still the case but I heard they throw out cases that want a jury since it's hard to find that many people who have never smoked pot lol.

                                                                                                                                                                                                  I have been told that a Canadian jury can overturn a law if they feel it is unjust.
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                                                                                                                                                                                                    • Martin
                                                                                                                                                                                                      "Assassins"
                                                                                                                                                                                                      • Dec 2001
                                                                                                                                                                                                      • 17274
                                                                                                                                                                                                      #50
                                                                                                                                                                                                      I've been pinched with weed a few times as a youth. Any legal aid lawyer can get this tossed out. One of my friend's places got raided and he got caught with 10 pounds and only got 6 months. He was out in 2. The courts are so backed up, they don't have time for these Micky Mouse cases.

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