Log In Register

Intern busted, felony cultivation charges WTF????

  • Thread starter Thread starter chickenman
  • Start date Start date
  • Tagged users Tagged users None

Intern busted, felony cultivation charges WTF????

chickenman 48 Replies 4,373 Views
Page 1 of 3 · Replies 1–20 of 49
chickenman

chickenman

Supporter
Premium Member
Posts
10,698
Reactions
34,246
Joined
Apr 15, 2011
Points
438
So my intern/friend who is a senior in college, straight As s wildlife and math major gets pulled over by state patrol for no seat belt. They run a check and turns out they have a warrant for felony cultivation from 2011.
Bailed out for $300.00.
Apparently in 2011 cops came to his house on an alarm or something and found 6 plants, his med card had expired day before.
They left did not take plants. Yesterday arrested, could get kicked out of school for this seems very odd....
 
Very odd?, what is nazi germany, what state was this in?one day over and these bored fucking pigs do some dirrty shit like this. This is fucked up i hope the best for your buddy man. This is some fukd up shit.
Happy farmin;)
 
It should all get knocked down or thrown out when he goes to court...6 plants is not even felony cultivation in the state of Colorado anyways..it takes 30 plants to get into felony 3 territory, card or no card...has to be more to it than just 6 plants...felony cultivation is a $10,000 bond also not $300 bucks..like I said imo something else is goin on....maybe he was in a drug free school zone or actually growing on campus..that can get you a enhanced felony charge maybe
 
Lol $300 bail. Why would you go back for that court date? Just dip out again
 
If he still has a warrant for cultivation 3 years later it sounds like a failure to appear situation,HIS FAULT,could of taken care of this years ago.You are so right CM,unless he pleads it down he could lose school funding and future job prospects since most wildlife jobs are either state or federal.
Good news is he should be able to clear it up relatively easy and can show judge he works,goes to school and is productive person.
 
look his name up , here in my state you can see what the warrant is for.
 
His house was 3 blocks from high school. thus the felony ???
Apparently they found plants, but left them be, came back could not find him to further question or whatever and put out a warrant.
Kid has not encountered cops since then, 2 full school years in same town come on if they really wanted him they could have easily found him.
Court in 2 weeks step dad has hired attorney seems ridiculous no evidence except cops word, 2 years later.....
 
He should be able to skate with a decent attorney...lesson though is don't grow near a school or daycare and for sure don't sell to high school kids out of your house even if your still in high school your going to get screwed...all schools in Colorado are considered "drug free" zones, 1000ft minimum set backs..that is pretty much the only way the state has kept the feds out of our business on the regulatory side of things
 
If they left the plants what evidence do they have to charge him with a crime in the first place? A sample or something of those plants had to have been clipped to prove they contain any amounts of a banned substance?

and a 10% bond @ 300$ sure don;t sound like any felony to me.. thats about 50$ more then my drunk driving charge ran me to bail out..
 
Hope he doesn't get screwed by one of this country's more ridiculous laws.

http://theleafonline.com/c/politics/2014/08/taking-high-higher-education-since-1998/

With the costs of college rising exponentially faster than wages it is nearly impossible to attend a university without some sort of financial aid. The primary source of governmental financial aid, and also a requirement for many private sources, is the Free Application for Federal Student Aid (FAFSA). Students must fill out the FAFSA every year to get aid, but since 1998 there has been an extra caveat hidden away in this application, known only to those convicted of drug crimes.

Question 23 on the FAFSA asks if you have been convicted of possessing or selling illegal drugs while receiving aid. As with your right to bear arms, the federal government makes no exemptions for medical cannabis users. Regardless of your status as a patient, since 1998 the Higher Education Act has been used to delay or deny financial aid to anyone with a drug conviction, and the majority of these convictions, like all drug convictions, are for cannabis possession alone.

Let’s imagine a common hypothetical situation. If a student is a medical cannabis patient and they are at Burning Man, like thousands are every year, and they happen to be stopped by one of the thousands of cops out there, then they lose their financial aid for a federal marijuana possession charge. If you didn’t know Burning Man takes place on federal land, also many beaches, forests, and other vacation spots are on federal land and thus subject to federal law. As you can see, it can be pretty easy to get a federal marijuana charge, even in 2014.

Let’s take a different, less common hypothetical. A student burns down a building, hit-and-run kills somebody while getting away, then robs a bank – they can still get financial aid under the HEA because none of this involves drugs. As you can see from our hypothetical students, the government’s priorities with the HEA are a bit skewed.

It’s sixteen years later and over half of the states in America are medical cannabis states yet the HEA remains law without a medical exemption. This change of policy, which signaled a ramping up in the drug war is what gave birth to the non-profit Students for Sensible Drug Policy. SSDP was founded with the hope of repealing this hurtful policy, and while the HEA is still on the books it isn’t quite as bad as it first was in 1998. Called the conviction that keeps on hurting, it first created a life-time ban on receiving aid, which has since been changed to appear less threatening.

As this follow up survey to Question 23 makes clear, you can now go to rehab to get your aid back after a year of being sober with random drug testing. While that may work for a one-time user of a hard drug it will not do anything to medical cannabis patients except ruin their college experience by discriminating against their choice of medicine. The Obama White House adds onto the survey by stating your first drug offense loses you aid for a year, the second for two years, and a third will trigger the lifetime ban. It seems the HEA uses a three-strikes law, which hopefully is working out better than California’s three-strikes law. It also seems that the HEA can still be a lifetime ban on aid.

While the HEA is still in place, and still ruining lives, there are many groups fighting to change that policy. Students for Sensible Drug Policy is still on the forefront, though they are also working on other projects like Good Samaritan policies. SSDP is joined by the American Civil Liberties Union in calling for an end to this abusive federal policy. In 2003, the ACLU released Collateral Consequences, a publication on the damage done by the HEA, they found that nearly 90,000 students were denied aid in a three year period from 2000-2003. The ACLU is joined by the Marijuana Policy Project, whose publication Life Sentences found similar damages from the HEA. Despite all the damage caused by the HEA, and the numerous groups working to fight against it, the federal government insists on clinging to this archaic, failed policy. Perhaps, in time, this can change, until then we can only hope.
 
Hope he doesn't get screwed by one of this country's more ridiculous laws.

http://theleafonline.com/c/politics/2014/08/taking-high-higher-education-since-1998/

With the costs of college rising exponentially faster than wages it is nearly impossible to attend a university without some sort of financial aid. The primary source of governmental financial aid, and also a requirement for many private sources, is the Free Application for Federal Student Aid (FAFSA). Students must fill out the FAFSA every year to get aid, but since 1998 there has been an extra caveat hidden away in this application, known only to those convicted of drug crimes.

Question 23 on the FAFSA asks if you have been convicted of possessing or selling illegal drugs while receiving aid. As with your right to bear arms, the federal government makes no exemptions for medical cannabis users. Regardless of your status as a patient, since 1998 the Higher Education Act has been used to delay or deny financial aid to anyone with a drug conviction, and the majority of these convictions, like all drug convictions, are for cannabis possession alone.

Let’s imagine a common hypothetical situation. If a student is a medical cannabis patient and they are at Burning Man, like thousands are every year, and they happen to be stopped by one of the thousands of cops out there, then they lose their financial aid for a federal marijuana possession charge. If you didn’t know Burning Man takes place on federal land, also many beaches, forests, and other vacation spots are on federal land and thus subject to federal law. As you can see, it can be pretty easy to get a federal marijuana charge, even in 2014.

Let’s take a different, less common hypothetical. A student burns down a building, hit-and-run kills somebody while getting away, then robs a bank – they can still get financial aid under the HEA because none of this involves drugs. As you can see from our hypothetical students, the government’s priorities with the HEA are a bit skewed.

It’s sixteen years later and over half of the states in America are medical cannabis states yet the HEA remains law without a medical exemption. This change of policy, which signaled a ramping up in the drug war is what gave birth to the non-profit Students for Sensible Drug Policy. SSDP was founded with the hope of repealing this hurtful policy, and while the HEA is still on the books it isn’t quite as bad as it first was in 1998. Called the conviction that keeps on hurting, it first created a life-time ban on receiving aid, which has since been changed to appear less threatening.

As this follow up survey to Question 23 makes clear, you can now go to rehab to get your aid back after a year of being sober with random drug testing. While that may work for a one-time user of a hard drug it will not do anything to medical cannabis patients except ruin their college experience by discriminating against their choice of medicine. The Obama White House adds onto the survey by stating your first drug offense loses you aid for a year, the second for two years, and a third will trigger the lifetime ban. It seems the HEA uses a three-strikes law, which hopefully is working out better than California’s three-strikes law. It also seems that the HEA can still be a lifetime ban on aid.

While the HEA is still in place, and still ruining lives, there are many groups fighting to change that policy. Students for Sensible Drug Policy is still on the forefront, though they are also working on other projects like Good Samaritan policies. SSDP is joined by the American Civil Liberties Union in calling for an end to this abusive federal policy. In 2003, the ACLU released Collateral Consequences, a publication on the damage done by the HEA, they found that nearly 90,000 students were denied aid in a three year period from 2000-2003. The ACLU is joined by the Marijuana Policy Project, whose publication Life Sentences found similar damages from the HEA. Despite all the damage caused by the HEA, and the numerous groups working to fight against it, the federal government insists on clinging to this archaic, failed policy. Perhaps, in time, this can change, until then we can only hope.

Good solid post right there.
 
update, spoke with attorney, court date next Tue..
Facts are, 4 plants 3 feet tall, and 3 seedlings..
Card expired 2 days prior to cops showing up in fall of 2011, arrest warrant was issued mar 2013.
He was arrested last week seems very odd the time line of all this....
 
Still not a felony by any stretch of the law...2 year delay on issuing a warrant seems real suspect in itself..it may cost him a few bucks but I would guess he has nothing to worry about
 
Marijuana Cultivation, Processing, or Manufacture
It is a crime in Colorado to cultivate or produce more than six marijuana plants for personal use, or for a person to knowingly allow plants to be grown on a property that the person controls. Penalties vary according to the number of plants grown.

Six plants or fewer. Under Amendment 64, if you are older than 21, you may cultivate up to six plants for private personal use. A person who cultivates six or fewer marijuana plants (or knowingly allows such plants to be cultivated on that person’s land) for purposes other than private personal use is guilty of a class one misdemeanor. Penalties include between six and 18 months in jail, a fine between $500 and $5,000, or both. (Co. Rev. Stat. Ann. § 18-18-406(7.5)(a).)

Between seven and 29 plants. This violation is a class five felony. Penalties include between one and three years in prison, a fine between $1,000 and $100,000, or both. (Co. Rev. Stat. Ann. § 18-18-406(7.5)(b).)

30 or more plants; processing or manufacture. Growing more than 30 plants, or conducting marijuana or marijuana concentrate processing operations (or knowingly allowing these activities to occur on one’s land) is a class four felony. Penalties include between two and six years in prison, a fine between $2,000 and $500,000, or both. (Co. Rev. Stat. Ann. § 18-18-406(6).)

Second processing or manufacturing offenses. A second offense is a class three felony, which carries a mandatory minimum prison sentence of four years. The judge may order the prison sentence extended for up to 12 years, and impose a fine of between $3,000 and $750,000. (Co. Rev. Stat. Ann. § 18-18-406(6).)
 
Why they waited 2 years to put out a warrant is very suspicious.. I know there are statutes and I know in my state statutes for distribution is 2 years. Ive heard of dealers selling a gram or two to an informant 1 year and 350 odd days down the road, when theyre on their feet and have turned their life around the cops come knocking with the charges.. Thats fucking evil. I wish the best for your friend. I feel like he will be alright, just make sure he has a legit attorney, and isnt taken advantage of. Good luck to yas
 
Page 1 of 3 · Replies 1–20 of 49
Back
Top Bottom