consequences in canada vs USA

[whackbag]

just wondering because i see that so many people from the USA are very paranoid about getting busted. I am canadian and feel that since the laws about this have changed plenty of times over the last few years, i am even confused. So are the laws really that different from Canada to the USA or is it the consequences that are worse?

 

[bigballin007]

Depending on where you are in the US

Simple possession 1g to 30 misdemeanor 0-1 year in jail and a fine of $100 a gram

Possession over 30g but under 500g is a class 4 felony 1 year in jail to 3 years. Fine of $100.00 a gram

1 to 5 plants is a misdemeanor punishable by up to 1 year in jail and a $10,000 fine

Manufacturing 5 to 500 plants is a felony 1 year to 3 years in jail and up to a $100,000 fine

Distributing marijuana is a felony and punishable up to 20 years in prison depending on the amount sold the age of the buyer and if you sold it in a school zone.

Laws vary widely from state to state.
I have been caught with pot 3 times (doooh) and twice the cop just took my shit. The third time I was given court supervision and a $1000.00 fine for 10 grams and a pipe.

Allot of states have started to decriminalize possesion and simple possesion can be as little as a $100 ticket it just depends where you are!

 

[pauliojr]

I'm not sure about the laws in Canada, but for the United States this is a good reference. Marijuana Law Reform - NORML

The law in the U.S. is that the State Law is suppose to override the Federal Law. In recent years the government hasn't given a shit about those rules. They do as they please. But if you are going by the rules, use that site.

 

[420penguin]

actually federal rule is supposed to override state rule...that's what desegregation was all about...or the civil war for that matter. it's just that California has a set of balls on them that clang when they walk. not that I disapprove...

 

[the.fatman.cometh]

Clang when they walk--fuckin HIGHlarious!!

 

[sine143]

I'm not sure about the laws in Canada, but for the United States this is a good reference. Marijuana Law Reform - NORML

The law in the U.S. is that the State Law is suppose to override the Federal Law. In recent years the government hasn't given a shit about those rules. They do as they please. But if you are going by the rules, use that site.[/quote

the supremacy clause in the constitution states that federal law is above state, so where they conflict, the court will take federal law... just thought you would like that clarified. ]

 

[upchuck540]

yeah some of my buddies got caught while driving in minnesota, one had an oz. and the other the other two had less than 1/2 eighth. the cop wrote them all small possesion tickets, which were right around $200 each. haha it was obvious that cop kept the oz for himself.

 

[Gygax1974]

Where I live I have never heard fo the cops being easy on the possession. I myself have never been cuaght but have friends and relatives who have and they have all gotten in trouble regardless. I was arrested for paraphenalia and had to go through the whole process only to hear the judge rule that rolling papers are not paraphenalia. It was a relief but I had to go to district court (pay my lawyer) and then the Court House (paid my lawyer again) for a hearing. It costs me some money for a charge that my lawyer said wasn't even paraphanalia. He said it got as far as the court house because the district court judge didn't want to upset the cops who he shared a parking lot with. I really think it depends on what state and county you are in. I'm right outside of Philly.

How can they expect judges to be unbiased,,,they know all the cops and a lot of them are friends. The last judge I had was great he gave the officers a little talking to after he dropped the charge on me...it was nice to hear two LEOs getting a little lecture...my uncle was laughing his arse off when we left the courthouse. Legalize it!!!

 

[Dr High]

Well i live in canada and cops arnt too bad with possesion unless its in idividual baggies. we were caught smoking in action and my friend said it was cigar smoke HAHAHAHA! they inhaled from our parachute and figurd it wasnt cigar. it was hash. they found our 10-12 gram brick and let us go. no folders were created or anything. im thinking they kept it for themselves. hence why they didnt open our folders.

 

[bobburn]

actually federal rule is supposed to override state rule...that's what desegregation was all about...or the civil war for that matter. it's just that California has a set of balls on them that clang when they walk. not that I disapprove...

Really? The constitution says otherwise. If it is not clearly designated as a power of the federal government, it is a power that the States hold. The federal government is abusing and misusing the elastic clause. Read up a bit, you'll see that State's rights were clearly and heavily covered in the constitution..and state's laws were to overrule federal law UNLESS said federal law is made into an amendment--then it would be one of those powers specifically given to the federal government.

 

[olds442]

i do know that in canada in some parts of BC they will take your house away thats if they caught you with a lot of pot and grow equipment well thats what happened to the next door guys house they gave him a 250,000 fine and he did not have the money so they took the house shity for him

 

[ladyburn]

heres a good site outlining the current laws/ previous proposed amendments
cannabis (marijuana) law reform -- Canada -- 2004

basically there is a lot of confusion in canada. a few years ago everyone thought pot was going to be 'decriminalized' and small possession wasnt going to be considered a 'criminal offence' just you'd get a ticket. those bills died and smoking/growing/having/selling is all illegal.
right now, i believe that most cops wont bother much with simple possession (unless its in baggies) because so many people smoke weed theres not enough court time; however, they are going after commercial growers. in the last few weeks there have been a number of busts so everyones a lil paranoid
as for the bills that died, we have an election coming up in the fall so we'll see what happens this time.

 

[Dr High]

Ill be waiting for some of those news

 

[peaceb2usall]

Website: ThePotLawHasFallen.ca

The prohibition of marijuana in Canada has fallen into legal invalidity. The purpose of this site is to inform the Canadian public of this, to explain its significance, to mount a campaign to end the enforcement of this invalidated law, and to offer pertinent information and assistance to any Canadian who may be in legal jeopardy from it.
If you have been charged with the alleged offence of simple possession of marijuana, you now have a very credible line of legal defence. A legal defence along these lines succeeded in Oshawa on 2007 October 19 in persuading the judge to dismiss charges of simple possession of marijuana on the grounds that "there is no offence known to law," and this recent dismissal of charges adds weight and power to this line of legal defence.
I witnessed the events in court on October 19 and sent an account of the trial to fellow activists as well as a report of the judicial proceedings to a senior prosecutor. I called on the Federal Prosecution service to stop proceeding with cases; until this takes place, Canadians accused of possession should see my legal defence kit.