Busted with 2 ounces of cannabis

[sherb1euk]

Iwa scontacted by my 20yold son informing me he was on remand in Jersey(Channel Islands) for possession of the above till &th July. What sort of sentence could he be looking at? Any advice would be grateful

sherb1euk added 7 Minutes and 38 Seconds later...

I made a mistake it was 2oz of cannabis not 2g

[MrG]

This guy got community service for dealing in Jersey.

http://www.thisisjersey.com/2008/03/...d-a-jail-term/

This girl got four months for importing 8 Kilos.

http://news.bbc.co.uk/2/hi/europe/jersey/6533019.stm


If he's on remand for anything over a couple of weeks and does not have previous, I doubt he'll get any prison time.

They are up their own arses a bit down there in the Channel Islands when it comes to cannabis, but they're not as bad as they used to be.

A few years back and they would probably have burned him at the stake.

[sherb1euk]

Thanks for the rapid response, and the advice, I guess we can just wait till the 7th July, is 2ozs more than personal use? I'm a bit green on these issues.

[MrG]

No, 2oz can easily be acceptable as personal use.

They'd have a hell of a time trying to prove dealing unless they have other evidence.

It's a shame the poor guy is held on remand though. Why throw someone accused of a victimless crime in with, potentially, hardened criminals?

Tell him we all wish him luck.

[sherb1euk]

Thanks again, it has eased my mind a bit, but then I am still to hear from my son, so the full story could be different to the rushed phone call yesterday. All the best Sherb.

[MrG]

Well, while ignorance is no defense in the eyes of the law, he could always plead that he was unware of the difference between Jersey law and the mainland (that's what they call it there). It could elicit some sympathy from the judge.

Anyway, you're welcome, glad to be of help.

Don't be too hard on him, it really isn't fair for him to have to go through this sort of treatment over a couple of ounces of cannabis.

[Lunar Loops]

Just to add to what MrG has quite rightly pointed out.

Actually the UK police unofficially regard anything under 3g as being for personal use (often extended to 0.5 ounce in many areas). So, they would actually regard 2oz as potential for dealing, but if there was no other evidence found (scales, large numbers of small plastic bags, wads of cash, etc) then he should have nothing to worry about. If first time offence and no other evidence then he should be OK.

The links provided by MrG give you a fair idea.

[sherb1euk]

We have just been given more info he was in a hotel room on Friday with his friend partaking and was arrested together. They werent allowed to contact anyone over the weekend. His friends' sister is staying over there and they seem ok and are only locked up a few hours and are mostly playing football. So thanks to both of you for your help. Sherb.

[MrG]

Ok well the one really important factor is that neither of them says that they bought the cannabis for or from the other. Because if they police want to get shitty about it they can then be charged with dealing.

Make that clear to him and his mate.

[sherb1euk]

Thanks I will pass that onwards

[Lunar Loops]

Yes, once again what MrG states is great advice. It can not be stressed strongly enought that no mention should be made of buying for friends. It is a trap that a lot of people fall into, wrongly thinking that it will result in a more leniant attitude by the police as the amount is then shared between more than one person. The police CAN (and often do) take this as dealing, the fact that the other people involved are friends and no profit was made is irrelevant in the eyes of the law.

[fiveleggedrat]

Swim has seen 1 oz, especially more, charged with intent to distribute and/or trafficking. Swim personally keeps no more than 27g in one spot.

[MrG]

TBH, cops who push for a dealing charge on someone who is holding one or two ounces are probably looking to bust them because they are a known, local, pain-in-the-arse. Some kid who comes from a regular background isn't going to be worth punishing like that and, let's be honest here, a couple of ounces isn't out of reach for most people these days and it would make sense to buy a larger amount so that you don't have to deal with criminals so often(!).

As mentioned, as long as they weren't found with anything that might suggest an intent to distribute then this kid will be able to leave Jersey with a hell of a story to tell his mates while they, oh so ironically, gather in the authorised drug den known as their local pub and ingest the ethanol molecule in order for it to alter their brain chemistry temporarily.

But that's not the same now is it? Ingesting a substance in order to achieve an altered state of mind, no, that's just dirty druggies who do that kind of thing? Having one or two or eight beers is nothing like taking dirty drugs now is it?

Ethanol, there are better molecules and better molecules for you. (Paraphrased Bill, RIP)

[fiveleggedrat]

Swim's friend was pulled over with 3g of cocaine and they threatened him with intent if he did not plea guilty to felony possession. Obviously cocaine will be charged moreso than marijuana, but swim sees this scenario often, cops threaten people with intent or trafficking, even with small amounts.

Given, most of the cases are where the total amount is split into two bags. Isn't 3 or more bags trafficking? Swim was always worried about that one.

[MrG]

Don't forget that we are discussing the laws and police attitude of the UK here, not hellmerica.

The question of the number of bags should really be addressed in another thread as it, firstly, relates to cocaine and, secondly, because it primarily concerns the Untied Snakes, who's attitudes to illegal substances are, at best, incredulous.

[caballero]

From Jersey, C.I myself, and trust me, they aint far off the US! Much harsher than mainland UK!

[Lobsang]

Don't forget that we are discussing the laws and police attitude of the UK here, not hellmerica.

The question of the number of bags should really be addressed in another thread as it, firstly, relates to cocaine and, secondly, because it primarily concerns the Untied Snakes, who's attitudes to illegal substances are, at best, incredulous.

Well with most drugs and in most places the USA is horrible. But in some parts marijauna is essentially legal. So it all depends where you are.

[kaczynski]

Originally Posted by Lobsang

Well with most drugs and in most places the USA is horrible. But in some parts marijauna is essentially legal. So it all depends where you are.

The city in which Michigan University is located has extremely lenient laws (just to give an example of this). 1st offense results in a $100 fine. This increases with each offense, and with small amounts of marijuana it actually takes like 4 or 5 offenses before one even has to step foot in a courtroom. If only the whole U.S. was as lenient.

[Lobsang]

The city in which Michigan University is located has extremely lenient laws (just to give an example of this). 1st offense results in a $100 fine. This increases with each offense, and with small amounts of marijuana it actually takes like 4 or 5 offenses before one even has to step foot in a courtroom. If only the whole U.S. was as lenient.

__________________

Yeah...That is a good law. In Alaska up to 1 ounce is legal. But the DA usually will not prosecute for almost anything. Except dealing. Especially dealing in high quantity. But even then things are not so bad.

[Police Officer]

Originally Posted by MrG

No, 2oz can easily be acceptable as personal use.

They'd have a hell of a time trying to prove dealing unless they have other evidence.

56 grams is not personal use. This is so universally accepted that most states have laws that specifically state that somewhere around 30 grams is automatically possession with the intent to dist.

I can't imagine that the UK is dissimilar.

[MrG]

Originally Posted by Police Officer

56 grams is not personal use.

Whilst it is technically more than the personal use amounts prescribed by law, I meant that it is not difficult for someone to justify having bought that amount for personal use and that it would be hard for LE to prove intent to supply unless they find any evidence to support it, such as scales and baggies.

If someone is found with an obviously saleable amount, e.g. 1Kg, then LE doesn't have to find baggies to charge intent to supply.

A couple of ounces usually needs more evidence to support that charge and, in most cases in the UK, these amounts are accepted by the courts as being believable personal use weights.

[Police Officer]

Originally Posted by MrG

...A couple of ounces usually needs more evidence to support that charge and, in most cases in the UK, these amounts are accepted by the courts as being believable personal use weights.

This is probably why there is a difference. You're speaking of the UK, and I'm talking about the USA.

[purplehaze]

Phazes understanding is that in his state the norml law applies to 2.2lbs 1kg in the same bag. Anything over that is trafficking, intent to distribute etc. If someone has a small amount in seperate bags it becomes intent to distribute. But keeping it all together without a scale and some other technicalitys etc.

Possibly different there, but the whole thing here is with the bag(S).

Btw, were did you get 48 grams, 2oz is 56. Maybe thats what you get in your sack

[Police Officer]

Originally Posted by purplehaze

Btw, were did you get 48 grams, 2oz is 56. Maybe thats what you get in your sack

You're right. 28x2. Its late. lol

[gardis]

just wanted to add that i think sherb is an awesome father for seeking out this forum and trying to help his son instead of just judging his son. i hope and im pretty sure my dad would act in the same way as you have sherb, he may be mad at me and call me stupid but i know inside he is just frustrated. swim had some trouble in the past with a prank phone call(taken as a terrorist threat when swim was obviosly inplying poopy in the toilet and not a bomb =O), and instead of swims father acting up in a punishing way he went to the internet as well and looked at what was likely to happen to swim and told swim it was just a stupid thing to do but did not deserve the punishment swim was threatened to recieve. swim got a lawyer presented everything how it unfolded 100% honosty (pleaded guilty) recieved 25 hours com service =) prolly 1000x lower than what the minimum sentace shoulda been lol. swims mother however was not so nice. swim was not allowed to talk to his friends because she believed they had turned him in even though the police report clearly said they traced the call threw the phone company......