They took my plants

warrenb

warrenb

Well-Known Member
mysunnyboy said:
Ok now you do seem like bacon

sensiseeds.com

Cannabis in Spain– Laws, Cannabis Social Clubs, and More

Cannabis use has been decriminalised in Spain. Medicinal cannabis is hard to come by. The laws are confusing – read on.
sensiseeds.com sensiseeds.com
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Thanks for taking the time to post this and others. Thats the thing thats confusing me, I was not committing and illegal offence until they decided I was growing to sell (which I wasnt). I now have to work out my defence strategy, do i go for wrong evidence produced to the court by the prosecution or do I just go hell bent on trying to prove I wasnt growing to sell (how do you do that)? As you say get a lawyer well I do have one but this is Spain and she is very difficult to get hold of.
Thanks again appreciated
 
OldMedUser

OldMedUser

Well-Known Member
warrenb said:
Thanks for taking the time to post this and others. Thats the thing thats confusing me, I was not committing and illegal offence until they decided I was growing to sell (which I wasnt). I now have to work out my defence strategy, do i go for wrong evidence produced to the court by the prosecution or do I just go hell bent on trying to prove I wasnt growing to sell (how do you do that)? As you say get a lawyer well I do have one but this is Spain and she is very difficult to get hold of.
Thanks again appreciated
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It's always been one of my concerns that I would be charged with intent to traffic here in Canada as I've been growing illegally for over 40 years. Now that we're legal I'm still over the 4 plant limit most of the time. Right now I have exactly 4 plants but will be taking a dozen clones and planting at least a dozen seeds in the next week or so.

My wife and I also have medical exemptions but still would have to get approved by Hellth Canaduh before legally allowed more than the 4 plants per household that anyone can get here. If we get our approvals then we could legally grow 92 plants indoors. But then we're on the gov't hit list so we're still growing under the table.

If Spain is anything like here they will charge you with intent to traffic but still should need some proof that you actually sold any to make it stick. Generally they charge you with a higher offence hoping that you'll just plead guilty to the lower offence of possession or illegal growing. If you had 20 plants I could see them trying that but 2 plants? If you're legal for that many I wonder why they are trying for the trafficking offence. Do you have a previous conviction for selling? Intent is a pretty murky charge if not.

Sounds like your lawyer is doing a shitty job or is so busy she doesn't have time to deal with your issues which means it's time to do like @mysunnyboy said and find a new lawyer. 18 months of your life is worth fighting for.

:peace:
 
MICHI-CAN

MICHI-CAN

Well-Known Member
OldMedUser said:
It's always been one of my concerns that I would be charged with intent to traffic here in Canada as I've been growing illegally for over 40 years. Now that we're legal I'm still over the 4 plant limit most of the time. Right now I have exactly 4 plants but will be taking a dozen clones and planting at least a dozen seeds in the next week or so.

My wife and I also have medical exemptions but still would have to get approved by Hellth Canaduh before legally allowed more than the 4 plants per household that anyone can get here. If we get our approvals then we could legally grow 92 plants indoors. But then we're on the gov't hit list so we're still growing under the table.

If Spain is anything like here they will charge you with intent to traffic but still should need some proof that you actually sold any to make it stick. Generally they charge you with a higher offence hoping that you'll just plead guilty to the lower offence of possession or illegal growing. If you had 20 plants I could see them trying that but 2 plants? If you're legal for that many I wonder why they are trying for the trafficking offence. Do you have a previous conviction for selling? Intent is a pretty murky charge if not.

Sounds like your lawyer is doing a shitty job or is so busy she doesn't have time to deal with your issues which means it's time to do like @mysunnyboy said and find a new lawyer. 18 months of your life is worth fighting for.

:peace:
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No lawyer here. Involved in too many litigation's. On both sides.

I agree with med. Intent must be supported. And the more severe charge and usually multiple charges for the same offense are a strategy to get you to take a plea deal. Avoiding any real work or proving of guilt on your behalf. The system claims a victory and protection of the public from the evil home grower/ med user. The DA gets a raise and police get more funding on arrest + conviction numbers. Not for being honest and just.

Get a new attorney. Use your under developed angle in conjunction with forcing show of proof to support the charges. Do they have you recorded discussing sales.? Did you actually make any sales at anytime in the past year? Did they remove baggies and stash of more than legal limit? Was it in bulk or smaller packages?

This story doesn't compute. Unless total corruption on policia behalf. Or missing some facts.

Make the system do it's job and prove guilt. Get a more sincere lawyer. Remember you are paying him. Does as told. They cut corners more than realized. And go in front of a jury if you have the option.

Peace and luck.
 
E

EricHansen

Well-Known Member
Try and take a Plea bargain if you can, they usually lower the charges to a less serious offence. You need to make it clear that the cannabis was only for you and you was not intending to sell it. Tell them it won't happen again and grow indoors next time :-)
 
Moldy

Moldy

Well-Known Member
Are you old enough to claim "medical" needs? Or do you have a medical condition covered by the law/or is obvious?
 
warrenb

warrenb

Well-Known Member
EricHansen said:
Try and take a Plea bargain if you can, they usually lower the charges to a less serious offence. You need to make it clear that the cannabis was only for you and you was not intending to sell it. Tell them it won't happen again and grow indoors next time :-)
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Not sure yet if they do Plea bargain cannabis in Spain for personal use is decriminalized so I guess there is no lesser offence. My understanding is they dont have to prove I was growing to sell, it is for me to prove I wasnt going to sell it. How do you do that? Also worth pointing because its my first offence and prison sentence would be under two years I dont have to do the prison time.
 
warrenb

warrenb

Well-Known Member
MICHI-CAN said:
No lawyer here. Involved in too many litigation's. On both sides.

I agree with med. Intent must be supported. And the more severe charge and usually multiple charges for the same offense are a strategy to get you to take a plea deal. Avoiding any real work or proving of guilt on your behalf. The system claims a victory and protection of the public from the evil home grower/ med user. The DA gets a raise and police get more funding on arrest + conviction numbers. Not for being honest and just.

Get a new attorney. Use your under developed angle in conjunction with forcing show of proof to support the charges. Do they have you recorded discussing sales.? Did you actually make any sales at anytime in the past year? Did they remove baggies and stash of more than legal limit? Was it in bulk or smaller packages?

This story doesn't compute. Unless total corruption on policia behalf. Or missing some facts.

Make the system do it's job and prove guilt. Get a more sincere lawyer. Remember you are paying him. Does as told. They cut corners more than realized. And go in front of a jury if you have the option.

Peace and luck.
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Honestly I have never sold or intended to sell a bud. The only evidence they took was the cut branches from the plant. They now have a big bag of buds weighing just over 800 grams( I know they didnt come from my plant). Spanish law is its for me to prove I wasnt growing to sell and not for them to prove I was.
 
OldMedUser

OldMedUser

Well-Known Member
warrenb said:
Honestly I have never sold or intended to sell a bud. The only evidence they took was the cut branches from the plant. They now have a big bag of buds weighing just over 800 grams( I know they didnt come from my plant). Spanish law is its for me to prove I wasnt growing to sell and not for them to prove I was.
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It sounds like they are deliberately trying to set you up. Have you had problems with your local police before that would prompt them to do something like that?

The pics you have of your plants when they were taken is evidence and can prove that there is no way those 800g are yours so don't lose them. There is an EXIF file with digital pics that can prove the date they were taken and also the location if you don't have location turned off on your phone or digital camera that may or may not be equipped to add GPS info to it.

Good luck with all of this!

:peace:
 
Corso312

Corso312

Well-Known Member
warrenb said:
I did go guilty in the primary hearing but the charge is now growing to sell. That is not the case and to go guilty is a tough one to swallow considering I have never been in a police station before let alone a criminal record. they have recommended 18 months prison and 8.000 euro fine
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Wow.. Id never go to Spain, was always planning on it. Fuck those scumbags. I can't believe the shit they're pulling on growers and seed banks.
 
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