Showing posts with label Marijuana. Show all posts

A MONUMENTAL MOMENT FOR MEDICAL MARIJUANA USERS & CAREGIVERS! FEDS WON'T PROSECUTE!

Colorado Laws - A MONUMENTAL MOMENT FOR MEDICAL MARIJUANA USERS & CAREGIVERS! FEDS WON'T PROSECUTE!

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Secret Marijuana THC/DUI Meeting Cancelled at Colorado Police Headquarters (8/24/11)

Colorado Laws - Secret Marijuana THC/DUI Meeting Cancelled at Colorado Police Headquarters (8/24/11)

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How is Secret Marijuana THC/DUI Meeting Cancelled at Colorado Police Headquarters (8/24/11)

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K2 artificial Marijuana Ban Is newest Oklahoma Drug Law

Colorado Dui Laws First Offense - K2 artificial Marijuana Ban Is newest Oklahoma Drug Law

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On November 1, 2010, a law banning K2, a form of synthetic marijuana, goes into result as the state's newest drug law. Prior to the law taking effect, K2 was legally sold in Oklahoma as an herbal incense. However, users would smoke the incense to achieve a high that includes hallucinations. The synthetic marijuana also causes agitation, nausea, vomiting, immoderate sweating, fever, along with perilous spikes in blood pressure and heart beat.

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K2 is formed when dried herbs are sprayed with psychoactive chemicals which have been banned by the Food and Drug management (Fda). These chemicals are not thought about to be safe, but they have become increasingly favorite as K2 use does not show up in typical marijuana drug screening.

In Oklahoma, distribution of synthetic marijuana will be heavily prosecuted. Those convicted of Oklahoma drug distribution for selling K2 face up to two years in prison and ,000 in fines.

The enactment of the ban on synthetic marijuana strengthens what some reconsider to be the already stringent Oklahoma laws. Oklahoma drug possession, manufacture, cultivation, and distribution are prosecuted severely, with mandatory minimum sentences and heavy fines.

For example, a first offense of marijuana ownership in Oklahoma is a misdemeanor punishable by fines and up to a year in prison. However, a second conviction of Oklahoma marijuana ownership is a felony punishable by up to ten years in prison, regardless of the estimate of marijuana in the defendant's possession. Even ownership of drug paraphernalia is a misdemeanor, and conviction can result in a year in prison and fines up to ,000.

If you are expensed with violating Oklahoma laws, together with ownership or distribution of K2 or other types of synthetic marijuana, it is foremost to consult with an experienced Oklahoma lawyer to safe your rights, form your drug defense, and to fight for the best potential outcome to your case.

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How First Time Offenders Can Defend Against New York Marijuana Charges

Colorado Dui Laws First Offense - How First Time Offenders Can Defend Against New York Marijuana Charges

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As part of my custom of the defense of Dwi and other traffic associated matters I often have to deal with other drug offenses. It is all too common that a bong, pipe, and/or other paraphernalia (vaporizers, spoons, hammers, chillums, bubblers, sidecars, sherlocks, raydiators, tubes, bats, headies) are found inside the car. All the police have to do is scrape together sufficient resin/residue, and another criminal charge is added to the fray.

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Over the course of my years of practicing in the Fingerlakes I have defended many college students from Suny Cortland, Suny Binghamton, Cornell University, Ithaca College, Keuka College, etc. Marijuana use seems to go with college like cereal goes with milk. Some citizen think that New York State has decriminalized marijuana, sometimes it is only charged as a violation, but even in relatively small quantities it can be charged as a misdemeanor or even as a felony (if sold to minors).

There were 92,800 arrests for Marijuana in New York during 2007. Males aged 15 to 24 made up 56% of those arrested, and 70% of those males were white.

Note: After any valid arrest in an automobile in Nys the entire car is branch to hunt top to bottom, inside and out. So much for your 4th amendment proprietary in New York State.

Outside, in a social park or on the road we have a dissimilar story. Police will sometimes make a false statement ie. Lie to get an arrest. I know, as unbelieveable as that may sound Virginia, it happens. Law promulgation will tell college kids that they "have to" make a search. That if they want to avoid an arrest they should empty their pockets, and to show them what they have or else? Legally they could only pat you down for weapons, but to go into your pockets requires permission or probable cause, but once the marijuana is exposed to social view we have a full blown misdemeanor.

Here is a ranking of the New York State Pot Laws from least severe to more severe (in terms of penalties and consequences):

1. Upm under Penal Law 221.05: Unlawful proprietary of Marijuana is not a crime it is merely a violation But since marijuana is a controlled substance under Federal Law a plea of guilty will make you ineligible for Federal Financial Aid (thank you President Clinton) for one year. Side note: Marijuana is not carefully a controlled substance under New York State Law but we are discussing Federal student Loans, Federal Work Study Monies, Federal Grants, and the Federal Hope College Credit.

Upm is proprietary of less than 25 grams of marijuana. In the majority of these cases (with first time offenders) your attorney can move for an Acd (adjournment in contemplation of dismissal) or a straight extraction of the charge. The judge will set the term of staying out of trouble (no new criminal charges) For either 6 Months Or One Year. It is in his discretion. Also in his discretion is either there is a substance abuse evaluation. Some judges also require society service.

The next level up of Marijuana offense is:

2. Cpm under Penal Law 221.10: Criminal proprietary of Marijuana in the 5th degree. This where the marijuana is either open to social view, burning, or where the whole is over 25 grams but less than 2 ounces. Cpm is a crime. It is class B misdemeanor.

The next level up of Marijuana offense is:

3. Cpm under Penal Law 221.15: Criminal proprietary of Marijuana in the 4th degree. This is where you have more than 2 ounces but less than 8 ounces. Now that's what the District Attorney will say is real weight, and they are reasoning at this point you are dealing drugs and not just possessing them for personal use. Cpm in the 4th is a class A misdemeanor.

4. Penal Law 221.35 is for the Sale of Marijuana. All that is vital is less than 2 grams or one joint/blunt. It is a Class B misdemeanor. Sale is a very loose term under the statute. Sale also includes gifting or an replacement of anything, as no "consideration" is needed under the statute to reconsider it a sale.

5. Penal Law 221.40 is for the Sale of Marijuana. Less than one ounce. It is a Class A misdemeanor.

The next two levels are where we move from misdemeanor level offenses (less than a year in jail) to felony level offenses (more than one year in jail). Misdemeanor offenses can be handled by City, Town, or hamlet Courts. Felony charges are only handled at the County Court level.

* Beware that Sale of More than One Ounce moves the offense to Class E Felony Status in New York State (punishable by up to 3 years in State Prison).

* Beware of New York State Penal Law 221.50. Sale of Marijuana to a minor (a man less than 18 years old). It is a Class D Felony Status. Which is punishable by a term of 4 to 7 years in State Prison, that's not county jail.

I would like to end off with the Good News about whole 1 straight through 5 above:

That Penal Law 221.05 Upm (Unlawful proprietary of Marijuana), Penal Law 221.10 Cpm (Criminal proprietary of Marijuana) in the 5th degree, Penal Law 221.15 Cpm (Criminal proprietary of Marijuana) in the 4th degree, Penal Law 221.35 Sale of Marijuana, and Penal Law 221.40 Sale of Marijuana are all covered under the First Time Offender Acd statute.

New York Criminal course Law Section 170.56.

Captioned as "Adjournment in contemplation of extraction in cases in lively marijuana."

If a man qualifies under the statute a request for retrial can be made by his attorney, and then his marijuana charges may be dismissed in the future, and all his valid records and papers relating to his arrest and prosecution, either on file with the Court, the police, or the New York State group of criminal justice services will be sealed and not made ready to the social or secret agencies.

Upon the granting of such an order by the Court, the arrest and prosecution can be carefully and deemed a nullity (as if they never happened) and the man shall be restored to his or her pre-arrest status.

If of course man has has other prior charges (relating to marijuana and/or other drugs) then his attorney can potentially negotiate to some other non-criminal disposition, such as disorderly conduct. This is a violation and all the records of the arrest and prosecution would be sealed at the local level.

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Be NORML: The End of Marijuana Prohibition Starts With You

Colorado Laws - Be NORML: The End of Marijuana Prohibition Starts With You

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Washington to Decriminalize Marijuana with Initiative 502 (I-502)

Colorado Laws - Washington to Decriminalize Marijuana with Initiative 502 (I-502)

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How is Washington to Decriminalize Marijuana with Initiative 502 (I-502)

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The acceptable face of US marijuana?

Colorado Laws - The acceptable face of US marijuana?

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Four Decades of Ignorance: The 40th Anniversary of the National Commission on Marijuana

Colorado Laws - Four Decades of Ignorance: The 40th Anniversary of the National Commission on Marijuana

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Ken Gorman Colorado Marijuana Activist Shot to Death

Colorado Laws - Ken Gorman Colorado Marijuana Activist Shot to Death

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US and the Medical Marijuana Law

Colorado Laws - US and the Medical Marijuana Law

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NORML National Marijuana Forum Part C 3/4 - Hemp - CU Boulder 2009

Colorado Laws - NORML National Marijuana Forum Part C 3/4 - Hemp - CU Boulder 2009

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How is NORML National Marijuana Forum Part C 3/4 - Hemp - CU Boulder 2009

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NORML National Marijuana Forum Part B 2/4 - Dr. Robert Melamede - CU Boulder 2009

Colorado Laws - NORML National Marijuana Forum Part B 2/4 - Dr. Robert Melamede - CU Boulder 2009

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How is NORML National Marijuana Forum Part B 2/4 - Dr. Robert Melamede - CU Boulder 2009

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CRNews: (12/7) -United States of Marijuana -CRTV

Colorado Laws - CRNews: (12/7) -United States of Marijuana -CRTV

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Drug Duel?! Marijuana vs. Alcohol! High Noon!

Colorado Laws - Drug Duel?! Marijuana vs. Alcohol! High Noon!

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Denver could see $1 fine for marijuana possession

Colorado Laws - Denver could see fine for marijuana possession

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How is Denver could see fine for marijuana possession

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Marijuana USA [2/4] (CNBC)

Colorado Laws - Marijuana USA [2/4] (CNBC)

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How is Marijuana USA [2/4] (CNBC)

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Grassland (Colorado Medical Marijuana Documentary) trailer

Colorado Laws - Grassland (Colorado Medical Marijuana Documentary) trailer

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How is Grassland (Colorado Medical Marijuana Documentary) trailer

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