UK - intent to supply for 336 grams of cannabis?

[Sky Walker]

Well it seems that swim has been buggered. Despite his efforts to evade the long dirty strong arm of the law, swim still got busted.

Swim, as you may or may not know was a keen lil marijuana cultivator. Plants were grown and harvested in his bedroom and then stored in jars for curing while the other crop began. Swim had in his possession, according to the police, 336g of dried herbal cannabis, 6 live plants, half a gram of hash and unmentioned and thus far unrecorded, a few grams of dried magic mushrooms, that have clearly been taken yet it seems they may be ignored, although they could be presented in court.

At the station (where swim had to spent the night, along with his mate and brother who were present during the raid and arrested on the same charges as swim) the police informed swim that this was what they consider a large haul and was valued at £5160. In swims mind this is actually a rather small amount compared to what they are used to dealing with. They value each plant at £300, and each gram at £10. As mentioned they considered this a large haul and arrested swim with intent to supply, along with the other charges of possession and cultivation.

Swim had no baggies or scales and no large amounts of cash (Only £210 cash was present in swims room), this is simply because swim is not a dealer/supplier. Swim could tell though that they thought he was a big time dealer, the warrant states; sought in connection with the offense of POSSESSION OF CLASS A B + C CONTROLLED DRUGS POSSESSION WITH INTENT TO SUPPLY CLASS A B + C AND SUPPLY OF CONTROLLED DRUGS CLASS A B + C AND CULTIVATION OF CLASS C.

They came to find drugs along with large amounts of cash, they were very interested in a cash find and even brought their treasurer along.

Soon they realized that this was a considerably smaller operation than expected and that the extent of the supply in question would more likely than not be closer to lines of passing a pipe It's true, weather or not there is a cash transaction if you hand drugs to someone you are now by law considered a supplier and can be prosecuted to the full extent, 14 years for supply of class C.

Swim fortunately is not a fool (thanks to this wonderful and amazing forum, THANK YOU!) and would never even dream of supplying drugs to anyone. All of swims marijuana was just that, only for personal consumption and never under any circumstances was it or would it be shared with anyone. Swim repeatedly made this explicitly clear during his interview (sadly though in contradiction to the earlier interviews of swims brother and friend), "[swim] can't share it officer, it's [his] medicine, there simply isn't enough".

Swim was informed that his friend had admitted swim had supplied him with drugs. Swims friend said that he brings weed around and that swim gets his bud out and that they share and share alike. Swims brother also mentioned how swim would share marijuana in the living room with their mother. Obviously swim was a little confused as to why they would say such things, clearly not true. The police however seemed to believe them and were very persistent in trying to get swim, to incriminate himself. As it turns out though swim had no idea what his brother and friend were talking about. The officers said, "listen we got your mate here saying he supplied you, you supplied him and that you would share pipe's together, clearly one of you is lying", swim nodded in agreement and said, "clearly" followed closely with, "well I don't think he's lying I just think he's a bit confused". The interview was soon terminated and a couple hours later swim was released.

Not before being charged though,
with;
1) POSSOSSING CLASS C CONTROLLED DRUG WITH INTENT TO SUPPLY
2) POSSESSING CLASS C CONTROLLED DRUG
3) CULTIVATING CANNABIS

Court date is set.

Do you believe swim is in much trouble? Is it even possible for swim to be prosecuted on a supply charge just because of the statements made by swims brother and friend, surely they would need some evidence beyond that. Any advice any questions, any help?

Swim has some more questions that will be put forth, in due time. Thanks for any help.

Reputation Comments on this post:

unlucky mate, good luck with this

[Alfa]

I assume SWIY checked with his mother and friend what the exact statements where that they gave. If so, please make that clear.
SWIY is in the UK right?

[Sky Walker]

Yes swim is in the U.K. Swims mother has not yet made a statement or even been called in for questioning, which seems odd considering she is head of the household. Swims friend said he brought his own cannabis and admitted that he supplied it to/shared it with swim, during the interview he also admitted to sharing/using swims paraphernalia while smoking together but says that he made multiple attempts to convey to the officers that he was referring to the communal use of the bongs and pipes and not the actual sharing of weed within bongs and pipes, although swim is unsure weather or not the point got across, they were twisting words, a lot.

[Alfa]

That's what they are thought to do. What is important is what SWIY's friend exactly signed. I assume that he has signed a statement about the events. I don't know if your friend is entitled to this. In my country one should get a copy of this.

[Paracelsus]

SWIY should get a good lawyer. If it is not true that SWIY shared the weed with his mother, he should talk with his lawyer about getting her as a witness. And he should do everything possible to make the "mate" and brother look not credible in court. If they lied and got you into trouble, they fully deserve that. A good lawyer would also insist on the fact that, even if it would be true that SWIY shared weed with his mate and mother, he is not a dealer.

I hope SWIY will come out of this mess quickly.

[Trebor]

Word of advice? Cut your hair, shave your beard, buy a decent suit. You should be in front of a majistrate soon so look respectible.

[El Calico Loco]

Remember: cops lie. They'll tell you any kind of bullshit story to get a confession.


ECL

[Nicaine]

Originally Posted by Trebor

Word of advice? Cut your hair, shave your beard, buy a decent suit. You should be in front of a majistrate soon so look respectible.

Yep... mention school too. Tell the judge SWIY wants to go back to school & get a degree. Come across as decent, motivated, responsible, contrite, etc... slap on the wrist from many judges, even with seemingly heinous charges.

[Sky Walker]

Originally Posted by Alfa

That's what they are thought to do. What is important is what SWIY's friend exactly signed. I assume that he has signed a statement about the events. I don't know if your friend is entitled to this. In my country one should get a copy of this.

He has signed a statement for the recorded interview. If he wishes he can get the tape.

Originally Posted by Paracelsus

A good lawyer would also insist on the fact that, even if it would be true that SWIY shared weed with his mate and mother, he is not a dealer.

To a certain extent this is kinda true but technically they are the exact same thing. Swim did not admit to supply of any kind and got charged with intent to supply (which can be argued in court, they need to prove it) and swims mate admitted to sharing his weed with swim and actually got charged with supply

Originally Posted by Trebor

Word of advice? Cut your hair, shave your beard, buy a decent suit. You should be in front of a majistrate soon so look respectible.

Ha shit man it seems you have a perfect image of swim and he will need to buy a suit as he doesn't own one. Consider this though, swim had 12 ounces when raided and is desperately trying to avoid the supply rap, what image is really the best? Is the clean cut look really what swim wants when presenting himself to the judge as an ounce a week smoker? Swim looks like an ounce a week smoker as is and believes this could work to his advantage, cleaning up may make swim appear as if he is less of a smoker and more of a business man looking for some profit than some lovely bud, doesn't that seem somewhat logical?

Originally Posted by El Calico Loco

Remember: cops lie. They'll tell you any kind of bullshit story to get a confession.

Ya, crossed swims mind.

[Trebor]

Originally Posted by Sky Walker

Ha shit man it seems you have a perfect image of swim and he will need to buy a suit as he doesn't own one. Consider this though, swim had 12 ounces when raided and is desperately trying to avoid the supply rap, what image is really the best? Is the clean cut look really what swim wants when presenting himself to the judge as an ounce a week smoker? Swim looks like an ounce a week smoker as is and believes this could work to his advantage, cleaning up may make swim appear as if he is less of a smoker and more of a business man looking for some profit than some lovely bud, doesn't that seem somewhat logical?

I mean it dude, Swiy should look respectable. Is Swiy Catholic? If so have a prest write a letter of character to the judge he gets. Have you ever done volunteer work? Is there an old woman Swiy once carried food home for? The smallest things can make a big difference. Even if Swiy doesn't wear a suit then at the very least don't go in looking like Bill Bailey.

[Smuv]

I really feel for you man.

I was just wondering, and it may help other people on this board, do you know what lead law inforcement to raid SWIS' little grow?

[Sky Walker]

Originally Posted by Trebor

Even if Swiy doesn't wear a suit then at the very least don't go in looking like Bill Bailey.

If cutting swims hair short, shaving his bread and donning a suit presents swim in the best possible image then so be it. Swims just not so sure yet but either way he'll be smart and tidy. Any other opinions on the image issue?

Originally Posted by Smuv

I really feel for you man.

I was just wondering, and it may help other people on this board, do you know what lead law inforcement to raid SWIS' little grow?

The police only informed swim that it was a tip off of sorts and that was it. However it is very likely that the police had been forwarded a customer list released by ebay, thermal grow or crazyjstoys, who swim bought mylar from.

[darkglobe]

Originally Posted by Sky Walker

If cutting swims hair short, shaving his bread and donning a suit presents swim in the best possible image then so be it. Swims just not so sure yet but either way he'll be smart and tidy. Any other opinions on the image issue?

I think you answered your own, mate. Personally I'd go for respectable, but not necessarily smart. I agree with your caution regarding the 'pimped-up businessman' impression. Just sort out the little things, you know: cut your nails, trim any wild beards, tidy your hair etc. Don't go for the clean-shaven, rich-bastard look!

As for clothes, I'd advise you to wear a nice shirt, casual trousers (not jeans but not suit trousers) and tidy-looking casual shoes. Just make it look like you care about your appearance, but subtly remind all in attendance that you're just a guy who likes a smoke.

Hope this advice helps, and I wish you the very best of luck and good will.

[kailey_elise]

go with whatever your counsel says re: suit vs. slacks & button-down shirt, but from the experiences of others, it would appear that one of the main reasons to cut your hair & shave your face is to show respect to the court & judge. sadly, even in this day & age, long hair on men is seen as "deviant" & disrepectful; like a big fuck you to "mainstream society".

I personally would also recommend "cleaning up", as you seem to be saying that it's for medical use for you; if this is the case, you wouldn't want to appear as a layabout or "lazy hippie" or whatever, but just a normal guy with a medical problem that's best treated with marijuana. a friend of mine had a very hard time procuring pain medications for legitimate need due to appearance; it sucks, but just about everyone makes snap judgements about people, what they're interested in & what their motives are based upon looks.

then again, we're all just nameless entities on the internet, what do we know? what you should be most concerned with right now is retaining a good lawyer and doing whatever s/he tells you - you're paying her/him to know what the best course of action is, so listen up. *grin*

~Kailey_Elise

Originally Posted by darkglobe

I think you answered your own, mate. Personally I'd go for respectable, but not necessarily smart. I agree with your caution regarding the 'pimped-up businessman' impression. Just sort out the little things, you know: cut your nails, trim any wild beards, tidy your hair etc. Don't go for the clean-shaven, rich-bastard look!

As for clothes, I'd advise you to wear a nice shirt, casual trousers (not jeans but not suit trousers) and tidy-looking casual shoes. Just make it look like you care about your appearance, but subtly remind all in attendance that you're just a guy who likes a smoke.

Hope this advice helps, and I wish you the very best of luck and good will.

[terrapinzflyer]

Originally Posted by Sky Walker

Ha shit man it seems you have a perfect image of swim and he will need to buy a suit as he doesn't own one. Consider this though, swim had 12 ounces when raided and is desperately trying to avoid the supply rap, what image is really the best? Is the clean cut look really what swim wants when presenting himself to the judge as an ounce a week smoker? Swim looks like an ounce a week smoker as is and believes this could work to his advantage, cleaning up may make swim appear as if he is less of a smoker and more of a business man looking for some profit than some lovely bud, doesn't that seem somewhat logical?




Ya, crossed swims mind.

Swims turtle is from the US so any info is probably irrelevant...

A few years back one of swims turtles friends got busted for a rather large outdoor grow op (70LBS or so) When he went before the judge (freak flag flying) he said "your honor, Im a hippy. I smoke pot. Most of my friends are hippies. They all smoke pot". He ended up with a 3 month sentence and minor fines.
Also worth noting, in the US at least, looking normal ~may~ be a benefit for a jury trial. But if your just before a judge they will have your photos from the arrest, and trying to clean up may actually be detrimental. This advice was from the top pot defense lawyer in WA some 15 years ago...

Turtle wishes swiy the best of luck. Messed up world we live in...

[sergei77]

If you had no scales, baggies, large amounts of cash I think it will be extremely difficult for them to prove that you are a dealer. You might need to get your friend/brother to carify that what they meant is that you share a bong/pipe but not the actual stuff you smoke in it. You will need a specialist lawyer. Are you in London? If so try Richard Parry at BSB Law: 020 7837 3456

[Alfa]

I received the following comments on SWIY's case:

House of Lords decision in R v Maginnis seems to widen supply to ridiculous level. Is passing a spliff a "supply"? Its a nonsense if they can develop a possession charge so easily, but thats what Im reading. It doesnt require any remuneration either. And Drugs Act 2005 reverses burden of proof onto defendant to prove this quantity for personal use. There is something wrong with this precedent as supply charge was meant to address drug dealing and this literal interpretation of statute approach is crazy (again). Problem that this is senior court. All I can think of is banging away with religious freedoms but its desperate.

I think once the law appears clear, most lawyers would fairly expect client to enter Guilty plea, however, at some point, defendants can choose to attempt the near impossible, and fight it out. I am not 100% sure if maginnis is still good law, although it wouyld appear to be. A good counsel should be able to research caselaw for cases involving minor passing of drugs which were not deemed to be a supply. As I said, something is wrong here, I guess the courts were concerned not to allow loopholes with supply and excuses, but MAY of ended up labelling ordinary social exchange and use of cannabis as supply and this needs to be addressed.

[darawk]

In the U.S. at least, police are legally allowed to tell you anything they want about evidence they have or what your friends have said in order to get you to confess. It is completely legal for them to totally lie about these things to try to get you to trip up. Do not believe they have any evidence(or confession from your friends) that they tell you they have unless you know first-hand that they have it.

[Sky Walker]

Originally Posted by darawk

In the U.S. at least, police are legally allowed to tell you anything they want about evidence they have or what your friends have said in order to get you to confess. It is completely legal for them to totally lie about these things to try to get you to trip up. Do not believe they have any evidence(or confession from your friends) that they tell you they have unless you know first-hand that they have it.

Swim considered this during the interview but realized that they were most likely just repeating what swims mate had actually said (or something very close), not that it mattered, swim has never supplied so had no interest in what his brother and friend had mistakenly been saying.

A question for swims solicitor I'm sure but that will come in a day or two, for now though; Along with the search warrant, Titled: WARRANT TO ENTER AND SEARCH was another sheet, Titled: NOTICE OF POWERS AND RIGHTS. The bottom 3rd of this form reads: AUTHORISATION FOR SEARCH - This power requires written authority of an inspector or above which will normally be recorded at (1) Below. This notice will show at (2) below if the inspector or above has recorded the authority elsewhere.

Below the above statement (1) the name, signature and rank of the inspector should have been recorded along with the date and time. OR (2) If it was Recorded Elsewhere, "Where authority recorded", "By whom (name/rank)" and "Date/time recorded" should have been filled in. The intire section is blank. As the authorization for search section is blank wouldn't this indicate an illegal search.

[FrankenChrist]

Hoo boy. Good luck.

The "your mate just confessed"-routine is old as the street. I can't believe they still use it. Must be because it still works.

[Trebor]

I'd suggest you visit the local high street and purchase soem fine Armani. Swim has never been searched or indeed recieved hassle from Obie when he was wearing his. Also, Don't cut your hair too close. As much as it pains me to say it, a Hugh Grant style woud, eb suitable. Likewise any character witnesses should look good.

[zera]

I highly doubt that 12 ounces is going to cast suspicion on you being some fabously wealthy drug lord. Clean up, say you started smoking when you were younger and got addicted, tell the judge that you thank God that you were caught so you can get on the road to recovery from your habbit, yada, yada, yada. But most importnatly for chirssakes man get a good lawyer and if you have questions like this ask him before asking people on the Internet.

[Trebor]

And offer bad publicity to the cuase? Defend Swiy's opinions.

[Alfa]

Originally Posted by sergei77

try Richard Parry at BSB Law: 020 7837 3456

I hope you follow this advise. Everything falls or stands with good counsel.

[zera]

Originally Posted by Trebor

And offer bad publicity to the cuase? Defend Swiy's opinions.

Its a classic public goods problem. On the one hand he could benefit the public by telling the truth, and thus preventing the untrue slandering of the reputation of cannabis, but he could also minimize his expected sentence by depleting the public good (in this case the reputation of cannabis). Claim addiction and give those involved a story about the horrible nature of cannabis or tell the truth but face a harsher sentence. This is probably a good reason why drugs have such bad reputation, whenever one gets caught with them, it always behooves them to demonize the drug as much as possible in order to make the defendant look like a victim of drug addiction.