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(KTAR Phoenix)   In Arizona even if your plan is to give your friends baggies of pot for Christmas and you get caught with the wrapped presents, you'll still get charged with intent to sell   (ktar.com) divider line 33
    More: Asinine  
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2776 clicks; posted to Main » on 23 Dec 2012 at 8:48 AM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-12-23 08:48:59 AM  
I want to be on this guy's gift list.
 
2012-12-23 08:51:22 AM  
This is true of all states subtard.
 
2012-12-23 08:53:14 AM  
Way to go, harmless plant police.
 
2012-12-23 08:57:08 AM  
That's a search warrant for every name on the gift tags
 
2012-12-23 09:00:11 AM  
Here it's intent to distribute, not intent to sell. And hey, that was his intent.
 
2012-12-23 09:00:18 AM  
If they aren't causing any harm, LEAVE THEM ALONE. Seriously, as far as concepts go, how difficult is this one to grasp?
 
2012-12-23 09:04:07 AM  
People who smoke marijuana aren't looked upon as stupid potheads for no reason.
 
2012-12-23 09:06:32 AM  

Catsaregreen: People who smoke get caught with marijuana aren't looked upon as stupid potheads for no reason.

 
ZAZ [TotalFark]
2012-12-23 09:24:53 AM  
My state also counts gifting as criminal distribution. If you hold a joint, that's a $100 noncriminal ticket. If you smoke it, $300 ordinance violation eligible for noncriminal disposition. If you pass it, criminal distribution of a controlled substance with jail time.

But I checked Arizona law and it does say "sale" rather than distribution.
 
2012-12-23 10:00:52 AM  
www.acecanvasandtent.com

What's wrong with being in-tent to sell?
 
2012-12-23 10:02:18 AM  
Thank god we got this monster off the streets.
 
2012-12-23 10:20:56 AM  
An old, outdated and neanderthal state. Some states are more evolved.
 
2012-12-23 10:27:36 AM  

Sleeping Monkey: An old, outdated and neanderthal state. Some states are more evolved.


Not too many.
 
2012-12-23 10:54:06 AM  
Always keep your pot in one bag
 
2012-12-23 11:09:13 AM  
Well, it is a lot more dangerous than an AR-15
 
2012-12-23 11:14:33 AM  

Sleeping Monkey: An old, outdated and neanderthal state. Some states are more evolved.


Actually AZ passed medicinal "devil-weed" a while back, so if he would have gone and gotten his prescription card (which I hear is pretty easy to do here) he would have been totally fine.

/A lazy pothead? No way!
 
2012-12-23 11:18:52 AM  
Of course one could argue that if his stash was gift wrapped with other people's names on the tags that it wasn't for "personal use".
 
2012-12-23 11:40:28 AM  
If the law is phrased as "selling" the case should be dismissed. However, in the USA drug things tend to go more "guilty until proven innocent", and in AZ there is a high risk of an old white lady jury.
 
2012-12-23 11:41:01 AM  
media.ny1.com

/willie nelson
 
2012-12-23 11:52:57 AM  
The laws related to marijuana need a serious rewriting, but based upon the current law I see why they would charge him with intent to sell. If being wrapped up in Christmas paper was all it took to eliminate the "selling" part, then drug dealers would be using it year 'round.
 
2012-12-23 11:57:26 AM  
*looks under tree*
 
2012-12-23 12:14:33 PM  

azxj: Of course one could argue that if his stash was gift wrapped with other people's names on the tags that it wasn't for "personal use".


Either that, or a pretty clever disguise that didn't work.
 
2012-12-23 12:20:02 PM  

GoldDude: The laws related to marijuana need a serious rewriting, but based upon the current law I see why they would charge him with intent to sell. If being wrapped up in Christmas paper was all it took to eliminate the "selling" part, then drug dealers would be using it year 'round.


Yes, but in this case it sounds like he genuinely was giving them as gifts. This should get tossed on the technicality, and provided the judge is not a Republican then it will.
 
2012-12-23 12:35:01 PM  
Oh my god, 12 ounces! Thank god he's off the streets!
 
2012-12-23 01:42:49 PM  

ParaHandy: GoldDude: The laws related to marijuana need a serious rewriting, but based upon the current law I see why they would charge him with intent to sell. If being wrapped up in Christmas paper was all it took to eliminate the "selling" part, then drug dealers would be using it year 'round.

Yes, but in this case it sounds like he genuinely was giving them as gifts. This should get tossed on the technicality, and provided the judge is not a Republican then it will.


I don't think that the title of a law determines what the law is about. Otherwise, I could never get charged with 'resisting arrest' when the officer had no intention of arresting me prior to my 'resistance'.
 
2012-12-23 01:49:03 PM  
Others here have said that the Arizona statute does phrase it as "intent to sell," rather than "intent to distribute," so going by the exact wording, this may get kicked. The possession charge with obviously stick, but that may be it. Depending on the statute, though, the additional charge may have been automatic/mandatory above a given quantity, rather than an actual decision the DA's office made (Not sure, I'm not familiar with AZ law). A judge may keep it, though, on the grounds that distribution is what the legislature presumably intended to prevent, even if the wording isn't precise about it. Most likely, though, this will never wind up before the judge, it'll get pleaded out for a straight possession before the court fully gets off its ass.
 
2012-12-23 03:32:58 PM  

Chinchillazilla: Oh my god, 12 ounces! Thank god he's off the streets!


Its been awhile since I've smoked.
But back in my day, when we wore onions on our belts to cover up the smell of the pot we had in pockets. If you were holding 12oz, you were the connection everyone was lookiing for.
 
2012-12-23 03:41:50 PM  

ZAZ: My state also counts gifting as criminal distribution. If you hold a joint, that's a $100 noncriminal ticket. If you smoke it, $300 ordinance violation eligible for noncriminal disposition. If you pass it, criminal distribution of a controlled substance with jail time.

But I checked Arizona law and it does say "sale" rather than distribution.


The usual cop logic is to arrest for the crime and let the DA worry about it. They're not in the business of determining intent, that's the jury's job.
 
2012-12-23 08:48:42 PM  

Catsaregreen: People who smoke marijuana aren't looked upon as stupid potheads for no reason.


I'm not stupid! I'm just drunk...and a little stoned

Okay. maybe I am stupid.
 
2012-12-23 09:45:51 PM  
My holiday wish is that all cops wives become widows.
 
2012-12-24 06:30:07 AM  
My personal 'santa' handed me a jaunty gift-wrapped package just a couple of days ago, so I'm really getting a kick...
 
rbt
2012-12-24 12:28:26 PM  

ZAZ: My state also counts gifting as criminal distribution. If you hold a joint, that's a $100 noncriminal ticket. If you smoke it, $300 ordinance violation eligible for noncriminal disposition. If you pass it, criminal distribution of a controlled substance with jail time.

But I checked Arizona law and it does say "sale" rather than distribution.


It's a gift exchange. They are receiving non-monetary remuneration.
 
2012-12-24 06:05:32 PM  
Jury nullification.

Override the rich white grannies.
 
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