Caught with two ounces of Pot?!?

[dutch508]

Star Member mopinko (48,943 posts) https://www.democraticunderground.com/12794545

anybody know how things go in court for people coming back from colo?

Last edited Thu May 18, 2017, 06:39 PM - Edit history (1)

friend of mine has a kid in college in wyoming. they have been visiting often, via colo.
on their way home the other day they hit a deer. the cop smelled weed, searched the car, and found 2 oz.
of course, they charged him w possession.

does anybody have experience w people charged w possession for legally purchased weed in another state? or wyoming in particular?
they looked over the laws, and the possible sentencing is $25k, and/or jail time.
at least they let him go on recognizance.

the kid did just graduate, so he is unlikely to spend much more time there.

he is also looking for a good local lawyer.

eta, he will get a lawyer. his wife works for one of chicago's more high powered law firms. specialty firm, tho. she is putting out feelers, but this might be a little niche where the right guy might be some small local dude, so asking for any referrals.

TWO ****ING OUNCES!?!?

Yeah- he's looking at felony weight there. I'm betting they will hit him with DUI as well.

Wyoming doesn't have a sense of humor about leftists and Colorado doper smuggling... because over 1 oz can be 'with intent to distribe' weight, ****nutz.

Sale or Distribution
Any amount   Felony   10 years   $ 10,000

forgotmylogin (1,605 posts)
1. I'm pretty sure it's not supposed to be transported over state lines.

My friend said when he flew out of CO there were gigantic signs reminding people not to fly out with any substances illegal at their destination. I think he said the airport even had a procedure to help people to surrender any locally legal weed it so it could be disposed of securely to prevent people from just throwing it in the trash and other people trying to dig it out.

mercuryblues (4,683 posts)
2. my google

search came up with...possession of under 3 ounces it is a misdemeanor. Of course if they were charged with being under the influence and driving, that is another matter. And yes they will need a good attorney.

3 oz or less   Misdemeanor   12 months   $ 1,000
Possession of paraphernalia   not classified   6 months   $ 750

Star Member Warren DeMontague (78,141 posts)
5. AFAIU, it doesn't matter where the weed came from, it's the state law in WY that is applicable.

No, you're not supposed to go over state lines with it, but I would doubt the Feds are going to get involved for such a minor (by their standards) case.

That said, Wyoming has some of the more backward-ass weed laws in the country. My hunch is, they'll probably go for big-ass fines rather than pay to put anyone in jail, but either way a lawyer sounds like a good idea.

Possession
Any person using or under the influences marijuana is subject to a misdemeanor punishable by a maximum of 6 months imprisonment and a maximum fine of $750, or both.

See

Wyo. Stat. Ann. § 35-7-1039
Possession of three ounces or less is a misdemeanor punishable by no more than 12 months imprisonment and a maximum fine of $1,000, or both.

See

Wyo. Stat. Ann. § 35-7-1031 (2014)
Possession of more than 3 ounces is a felony punishable by a maximum of 5 years imprisonment and a maximum $10,000 fine, or both.

See

Wyo. Stat. Ann. § 35-7-1031 (2014)
Sale or Distribution
Sale of any amount is a felony punishable by a maximum of 10 years imprisonment and a maximum fine of $10,000 or both.

See

Wyo. Stat. Ann. § 35-7-1040 (2014)
Cultivation
Cultivating any amount of marijuana is misdemeanor, punishable by a maximum of 6 months imprisonment and a maximum fine of $1,000.

See

Wyo. Stat. Ann. § 35-7-1002 (2014)
Hash & Concentrates
Any equipment, device, or material used to make hashish or extracts is considered paraphernalia.

See

Wyo. Stat. Ann. § 35-7-1002(xxvii) (2014)
Possession of 0.3 grams or less of a liquid concentrate, such as hashish oil, is a misdemeanor, punishable by a maximum term of imprisonment of up to 12 months and/or a maximum fine of $1,000.

Possession of more than .3 grams of a liquid concentrate is a felony punishable by a maximum term of imprisonment up to 5 years and/or a fine of no more than $10,000.

See

Wyo. Stat. Ann. § 35-7-1031 (2014)
Paraphernalia
Possession of paraphernalia is a crime which is punishable by a maximum of 6 months imprisonment and a maximum fine of $750.

See

Wyo. Stat. Ann. § 35-7-1002 (2014)
Miscellaneous
A third or subsequent offense for possession of more than 3 ounces is punishable by a maximum of 5 years imprisonment, a maximum fine of $5,000, or both.

See

Wyo. Stat. Ann. § 35-7-1031 (2014)
Anyone adult who distributes marijuana to someone under the age of 18 who is more than 3 years his junior is subject to felony charge, with a maximum penalty of 20 years imprisonment and/or a $10,000 fine. A conviction within 500 feet from a school is subject to an additional $500 fine.

See

Wyo. Stat. Ann. § 35-7-1036(a) (2014)

[thundley4]

The states that still prohibit drug use and possession around the stupid states look at travellers as easy sources of money. 

Max out the fines and minimum sentence is the way they like to go. It increases their profit margin.

[BattleHymn]

I'm betting they will hit him with DUI as well.

Is Wyoming a no refusal state for blood draws?  If so, your friend's pothead son's day is truly boned.  He'll have THC in his system, which, argue all you like on how long it stays in your system and the effects, it is what it is. 

SO, you're looking at a DUI drug intoxication, felony possession according to what dutch nadined, most likely a paraphernalia charge, and whatever else they found on your dipshit friend's son. 

I'd say the only chance in hell you might have is that the cop someone managed to righteously screw up his PC statement.  Even then, if it's a good enough case, the prosecutor will probably kick it back over to them to rephrase or clarify their PC.  But since dipshit friend's pothead son hit a deer, in a lot of states that's all the reasonable suspicion an officer needs to run a post-accident test. 

Good luck, dipshit.  Keep us posted.   

[BattleHymn]

Also, I wonder if he "just" had the baggie, and if any paraphernalia included scales or baggies.  If so, he might get possession with intent to sell, a distribution charge, or possibly even trafficking. 

Don't deal drugs, kids. 

[freedumb2003b]

Also, I wonder if he "just" had the baggie, and if any paraphernalia included scales or baggies.  If so, he might get possession with intent to sell, a distribution charge, or possibly even trafficking. 

Don't deal drugs, kids.  :stoner: :stoner: :stoner: :stoner: :rofl:

Why do you think they call it dope???

[BattleHymn]

Why do you think they call it dope???

[franksolich]

The states that still prohibit drug use and possession around the stupid states look at travellers as easy sources of money. 

Max out the fines and minimum sentence is the way they like to go. It increases their profit margin.

Oh yeah.

At this, the other end of Nebraska from weed-infested Colorado, the big revenue-bringer is fines imposed upon outsiders breaking our liquor laws.  I can't tell you how many town tennis-courts, golf courses, swimming pools, football stadiums, &c., &c., &c., have been built without having to impose upon the local taxpayers.

Our liquor laws are straightforward and easy to understand; I dunno why outsiders, especially those from blue states, violate them so unknowingly, unless they secretly think we don't count.

I mean, how hard is it to understand no beer or liquor sales after 1:00 a.m. seven days a week until the following 6:00 a.m.?  How hard is it to understand no consumption of beer or liquor on public-owned property (parks and somesuch)?

One would have to be a real dummie not to understand this, which is why I suspect most of the outsiders violate the laws of Nebraska with impunity simply because they think we don't matter, and so can be walked on with no consequences.

[BadCat]

Even in the stoner state, dope is expensive.  Two ounces represents a significant monetary investment on the part of the arrested idiot.  I would say intent to distribute would be a done deal, but they won't charge him with that.

[franksolich]

Even in the stoner state, dope is expensive.  Two ounces represents a significant monetary investment on the part of the arrested idiot.  I would say intent to distribute would be a done deal, but they won't charge him with that.

Also, returning to Illinois from Wyoming via Colorado seems suspicious.

To me, it looks as if he deliberately dipped down into Colorado (a significant detour) with one purpose in mind, and it wasn't to look at the mountains.

Big Mo has a son in his early or mid-twenties, I suspect it's really him.

[fatboy]

That old boy is about to get a real education.

[fatboy]

Response to mercuryblues (Reply #2)

Thu May 18, 2017, 12:41 PM

Star Member mopinko (48,943 posts)

4. yeah, i will have to ask what the charges are but
 
hit by a big ass buck is hardly his fault. might have piled it on for good measure. 

If it were up to me I would tack on an addition charge: Hunting without a license and out of season. 

[FiddyBeowulf]

Even in the stoner state, dope is expensive.  Two ounces represents a significant monetary investment on the part of the arrested idiot.  I would say intent to distribute would be a done deal, but they won't charge him with that.

$300 an ounce max according to this website.
https://priceonomics.com/the-most-expensive-and-cheapest-cities-to-buy/

[USA4ME]

mopinko

... on their way home the other day they hit a deer.

Hopefully they saved the meat to give to the down-on-his-luck hobo primitive.

.

[DumbAss Tanker]

Your own voluntary actions, dumbasses.  They have consequences.

[Old n Grumpy]

Sounds like the kid is not to bright, he should have given the cop $50.00 and let him keep the deer.

[DLR Pyro]

DUmmy,

your "friend's son" bought pot in Colorado, where it is legal.  Good for him.

your "friend's son" brought pot he bought in Colorado into Wyoming where it is illegal.  He's ****ed.

[Linda]

DUmmy,

your "friend's son" bought pot in Colorado, where it is legal.  Good for him.

your "friend's son" brought pot he bought in Colorado into Wyoming where it is illegal.  He's ****ed.

It doesn't get much clearer than that.

[SVPete]

It doesn't get much clearer than that.

Linda, we're talking about mo-mo, the urban chicken farmer. Clarity won't dent her understanding.

[Fourwinds]

Coming back from Colorado? That's easy.

If your stupid ass buys it in my state and you cross the state line and get caught, you're on your own and subject to that state's laws.

And going into Wyoming of all places? They specifically look for people coming from that border and just waiting to bust dumbasses like that. There's a truck stop/gas station at the border and they just love to sit there and wait for a driver to do something stupid.

[I_B_Perky]

Star Member mopinko (48,943 posts) https://www.democraticunderground.com/12794545

anybody know how things go in court for people coming back from colo?

Last edited Thu May 18, 2017, 06:39 PM - Edit history (1)

friend of mine has a kid in college in wyoming. they have been visiting often, via colo.
on their way home the other day they hit a deer. the cop smelled weed, searched the car, and found 2 oz.
of course, they charged him w possession.

does anybody have experience w people charged w possession for legally purchased weed in another state? or wyoming in particular?
they looked over the laws, and the possible sentencing is $25k, and/or jail time.
at least they let him go on recognizance.

the kid did just graduate, so he is unlikely to spend much more time there.

he is also looking for a good local lawyer.

eta, he will get a lawyer. his wife works for one of chicago's more high powered law firms. specialty firm, tho. she is putting out feelers, but this might be a little niche where the right guy might be some small local dude, so asking for any referrals.

My advice is to buy him a lot of soap-on-a-rope and some prep-h.  Sounds like he is going to need it.

5 cents please.

[dutch508]

Coming back from Colorado? That's easy.

If your stupid ass buys it in my state and you cross the state line and get caught, you're on your own and subject to that state's laws.

And going into Wyoming of all places? They specifically look for people coming from that border and just waiting to bust dumbasses like that. There's a truck stop/gas station at the border and they just love to sit there and wait for a driver to do something stupid.

Just drove through Cheyanne on Monday- and stopped at that exact Truck Stop.

 

[franksolich]

Just drove through Cheyanne on Monday- and stopped at that exact Truck Stop.

 

Good for them.

I hope they lighten a lot of dope-smoking wallets.