busted!

what i dont understand is if its a felony on the federal level but its legal in the state why are the county cops getting involved? why does a state as broke as calif. go after charges that are ultimately going to be thrown out of court?

Brush it off, it's an internet forum. Here we obey the eternal cycle of troll, gripe, repeat. Boring!!!!

Filla Kinex said:

apology accepted! you still are missing something though. THE SUPREME COURT RULED YOU CAN NOT RESTRICT THE NUMBER OF PLANTS OR THE AMOUNT OF MEDICINE YOU CAN HAVE! NO LIMITS!

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Man, this forum needs me.

Look: Supreme Court rulings are not going to be upheld by local jurisdictions in many cases, simply because the other side knows damn well that you're not going to fight it that far. Obey your local laws out of basic respect and avoid making a lawyer's career more lucrative than it already is. Wanna guess where you're gonna have to wait for that appeal? JAIL! No shit.

Best way to explain it is what I call the "paper bag effect". The cop knows damn well you're drinking, but the fact that you're at least making an effort to get it out of sight is all that it takes 90% of the time to get him/her off of your back. Follow the 99 plant, 10x10 rule, please please please.

Give respect, get respect. We're all humans at the end of the day, ya know!

A plant is considered a plant if it has 3 things- roots, stem and leaves. Size doesn't matter, other then over-all weight of the crop which is always mentioned......

yep im allowed 15 max....

man i wish i was allowed to have one but since even one is a no no might as well fuck it and grow what i feel =)

Filla Kinex said:

i know some of you understand, i just dont get all the negative threads from all the uniformed ignorant people! anyway thanks again for those of you that do understand. i have got many personal messages and i thank you all!

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Kinex: you deserve public support from other med user and hobbist alike.. people who might bash on you don't really know what they are saying and understand little about the law and the court system...some people also don't fully understand that a "victory for you is a victory for all who enjoy marijuana" (in this case CA). how do people think they got the limitations ruling in court to be unconsituational if it wasn't for folks like????

THE PEOPLE,
Plaintiff and Respondent,
v.
CHANH PHOMPHAKDY,
Defendant and Appellant.

and of course

THE PEOPLE,
Plaintiff and Respondent,
v.
PATRICK K. KELLY,
Defendant and Appellant


i would like to tell those who enjoy what marijuana rights that they have now is being fought for by whom??? yep, guys like Kinex or many before him pave the way so that med user's or hobbists might be able to enjoy their marijuana a little more...i think they should put it into perspective next time when they say "why are you guys screwing things up for all of us".. the only part i might consider otherwise are people with very big and organize criminal elements that are slowing down our movement.

your approach of getting public support to fight your case politically (local) is the way to go as it can help you win favor in court.. ASA guidelines recommend the same thing for people in your situation but i am sure you know that already...

given your brief description of your problem, you might be alrite there.. if you say, you had those mmp cards (if they are valid) that can reasonable cover your plants count or over a little higher, then you would be alrite...that is just for the limitation statue!!! others problems that they try to stick you with is another matter..


I also like to clarify alot of misperception of the law and what the supreme court ruling really mean for all those that just know how to copy and paste something that they found on a forum or news... its important to know that reading something is totally different from understanding it, especially if it deals something complex as the law...

In short, the CA Supreme Court ruling means that limitations is unconsitutional (yes, all of you know that)... However, that does not mean that you can grow as much as you want or unlimited!!! In other words, if you can prove that your consistant and reasonable medical needs are 10 plants then the #10 would be o.k...even if the attorney general guideline is #6... if you did something like 30 and you can prove it then 30 would be o.k...the bottom line is that you must prove that those limits meet your medical needs or those you grow for.. how you prove it is up to your expensive lawyer to argue that in court.. If the case is not drop before further court proceedings then its up to the juror to decide.

Sorry fellas for being a little technical on this one.....Another thing i would like to get straight is that the court system cannot change the law...Courts are there to interpret what the law is and what it mean....Doesn't matter if its the CA Supreme Court or not.. however, they may add remendies to the law and higher courts such as CA Supreme Court may also issue guidelines and recommendations of how to proceed with future court rulings and instructions about a specific statue of the law for the lower court such as the appellate court > district court to follow...

your congressman or congresswoman and legislator are the one who make laws and pass them...court system is there to interpret what those laws mean... every state consitution is different with different laws and powers.. in a bad way, thats why its harder for certain state such as CA to amend the existing medical laws and guidelines because of its complex state constitution laws. as of now, the law whatever form it was written when pass by people of california and pass through both house of representative (CA House and Senate) is still the same... the only time it will be different is when another initiative or bill is passed > ca house> ca senate> and signed by ca governor..


Note: Sorry didn't mean to write something lengthy and boring... anyways, good luck with the court proceedings...

thanks, any ideas on how or where to get public support? i am seeing my expensive medical specialist lawyer tomorrow. i am sure he will have some ideas too. thanks again!

Filla Kinex said:

thanks, any ideas on how or where to get public support? i am seeing my expensive medical specialist lawyer tomorrow. i am sure he will have some ideas too. thanks again!

Click to expand...

Court Support and Organizing During Trials
Medical cannabis patients are being arrested, facing trial, and
going to jail nationwide. As advocates, it is our job to highlight
these injustices in the courts.
What is court support?
Court support is a group of tactics used to support a patient or
provider while s/he is going through the legal system. Listed
below are some examples of tools that can be used for court support.
You may want to use some or all of them depending on the
situation. Remember the health and safety of the defendant must
ALWAYS be your first priority.
Media:
• Get all the facts straight: Before you contact the press, make
sure you have a clear account of what has happened. Get
contact numbers for the defendant and anyone s/he would
like to speak on his/her behalf: his/her attorney, family members,
local officials, doctors etc.
• Contact local media about case: Either immediately following
the raid or a week before a hearing, send a press advisory to
local press outlets.
• Press Release: Before a courtdate, send a press release at least
24 hours in advance. Press releases have very specific formats,
so if it is your first release, check out ASA's media manual for
tips: www.AmericansForSafeAccess.org/MediaManual
• Backgrounder: Medical cannabis trials can be very confusing.
It is a good idea to have a one-page handout to give to the
press that explains the specifics of the case and information
about state law and about the state-federal conflict.
• Press Conferences: Press conferences should only be between
10-30 minutes long. Having a MC can help keep things moving.
Make sure everyone knows the speakers’ order, only
have a press conference when there is something NEW to say,
make sure someone helps the press set up and get all the
interviews they need, and don't forget signs and visuals!
In the courtroom:
Fill the courtroom with supporters…
• Be respectful. It is often hard to sit and watch injustices
unfold in front of you, but interruptions in the courtroom
can cause a judge to take his anger out on the defendant.
• Dress for court. Dress like it is YOU that is on the stand, since
your appearance reflects on the defendant.
32 ASA California Legal Manual
Legal_Manual_2009.qxp 9/25/2009 3:06 PM Page 34
TIP: No need to draw attention to yourself, just all stand up and
leave with the defendant.
Outside the courtroom:
• Protests and rallies: Get creative! Street theater, easy-to-read
signs, marches, pickets, and large puppets can deliver a complex
message to the public and to the press.
CAUTION: Be aware of laws concerning Jury tampering. Do not
hand out information about the defendant once jury selection
begins or during the trial.
Emotional Support
Going through the legal system can be financially and emotionally
draining. To build a strong, vibrant movement, we must make
sure we do not let anyone slip through the cracks. Sometimes
people need an ear, sometimes a ride to court, or childcare for
their children. Don't be afraid to reach out and ask what they
need. It is important to only commit to what is viable for you.
When should you use court support?
Court support should be used anytime a medical cannabis patient
or caregiver is arrested. A defendant or even your community
may decide that a specific case may be too cloudy for the local
political landscape, and media may do more harm than good. If
this is the case, you can still do everything else but contact the
media (protests, presence in the court, emotional support etc.).
Why do court support?
• Organizing opportunity: Court cases create a crisis in a community
and court support can give quiet supporters an opportunity
to become active supporters.
• Community Awareness: Court cases create an opportunity to
educate your community, local media, and legislators about
the injustices surrounding medical cannabis.
• Bring the issue home: Court cases provide the opportunity to
localize and put human faces on the medical cannabis issue.
• The fate of the defendant: Simply, judges and prosecutors are
less likely to screw people in public.
How do you find cases to support?
• Keep an eye in the paper for local medical cannabis busts
• Stay in touch with people in the medical cannabis community
• Check ASA's listing of upcoming federal court dates:
www.AmericansForSafeAccess.org/UpcomingCourtDates

your a legend! thank you!

I wonder when it will get quiet again for medical growers. It seems the idea of quiet is obsolete to the powers that be. It has to be either none at all or full on legaliztion and sold at the liquor stores. We cant just have peace. This is ridiculous. I think there are some voices on both sides that need a pill. I mean come on. Just chill the hell out and let us handle. What the hell is so controversial anyway with the 12 and 6 law and letting it lie. Always got to be some dick that has to screw it into a full on need for anything, like a joint at the checkout line so as they can be legal, shit that makes people like the op. who I support look bad at the get go. 60 in flower sounds fair and the seedlings we can all guess at their insignifagance. So go op! And damn let us hope we keep it coool.

Find out who the lawyer was who got that most recent case dropped and see if you can hire him or at least call him up and see what he says.

I personally legalization of bud will fuck everything up... buy should be used for med only not every Joe shmo should be able to walk in and say I have an eating dissorder card please.... i live that where I live its still 100% illegal

so you think legalizing will fuck everything up? it would just make it to where you dont have to worry about a prison sentenance! i just want to grow the best medicine and make the world a happy place!

i did go see my lawyer today. it was positive even though he didnt have the discovery yet. says no prison time and depending on what they know or can prove i just might get my shit back. its all about did everybody dot their i's and cross their t's. i think im gonna be o.k.

i will repost at next development and thanks to all the good wishes, advise and support!

Filla Kinex said:

so you think legalizing will fuck everything up? it would just make it to where you dont have to worry about a prison sentenance! i just want to grow the best medicine and make the world a happy place!

i did go see my lawyer today. it was positive even though he didnt have the discovery yet. says no prison time and depending on what they know or can prove i just might get my shit back. its all about did everybody dot their i's and cross their t's. i think im gonna be o.k.

i will repost at next development and thanks to all the good wishes, advise and support!

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glad to hear it and knowing the FBI, they probably didn't. i bet they got excited and forgot a few t's.

once you're pronounced inoccent, walk outside and spark a fatass blunt. try to do it close to the arresting officer, blow it in his face and say "now where's my shit chief?"

fken eh! i will do it, lol!

Rusty Crutch said:

445 plants in rotation would supply my whole town. Thats a great effort dude. I had the cops show up on my doorstep with a search warrant for a drug dealer that leased the house before me. I told them that random junkies had been showing up looking for him constantly and that he'd moved out over a year ago and didn't want to have to keep dealing with that drug s#!t. I shut the door on them and they just walked away. Which was good because I had three plants in the closet. Which funnily enough was enough to supply me, my house-mate and 4-5 of my friends. 445 plants is an awesome effort dude. I think that they will be more pissed off about the fact that your crop is UN-taxed and that you and your buddies would have been making a fortune off it. There is a big difference between personal use and mass production. If you can get away with it good luck.

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Sorry but i is taxed. Every dispensary has to pay sales tax.

billyblunt said:

445 plants, lmfao, dude i think your screwed.....

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WORD!!! 445, are you a commercial Marijuana dealer ?

Good luck filla , let your lawyer know that you have (10 cards )and your a medical grower. also with the precedents set by other cases they may have to compensate you and your card holders for pain and suffering plus you may be able to sue to get you grow room equipment back or reasonable compensation .

good luck

Zenopious

Just read the whole thread and it about made me cry. I am sorry to hear about your loss!
And I personally think that legalizing it will fuck shit up for the illegal drug dealer. But that's my opinion.
Grow on buddy! And good luck with the case!