Been Busted Growing!

[bobby joe]

Hi People how are you all out there?

 

I recently joined the canna community and am really stoked to see such a large number if resources and discussions here.

 

I thought i would ask for some advice on the matter of being busted growing in Queensland. To sum it up a bit over a year ago i was charged with growing some Hydro which came about under some stupid and really unlucky circumstances. One night i was playing guitar with a new guitar amp i just bought. As a result i had the neighbours call the cops who arrived on the seen and silly me had the curtain open to my front door. I answered and they were cool and told me to keep it down. Just as they were waling away they spotted a bong on the table inside so demanded to come in and have a look around. I could not argue that as they stated they saw the bong there. 1st mistake!

 

After having a look around upstairs they happened to find some plant matter drying in a bag in the spare room. They also found a pair of some really inaccurate cheap arse metric scales. They also found 2 of my perso ounces bagged up as i used to go through over an oz per week being a chronic smoker. Within the house they took about $1500 bucks i was saving up for a car with them.

 

Downstairs i had a small room where i grew some weed which was all drying upside down. In total the weight of the plant matter which they took was approx 1.5 KG. They took my hydro lights 2 x 1000hps and all the pots / fans etc.

 

I said nothing to them at all as i thought it would be silly to say anything to them at all.

 

The summary of my charges are exactly these

 

Possessing Dangerous drug - Namely cannabis sativa 1.5kg

Production of a Dangerous Drug - weed

Possessing tainted property - $1500

Possess utensil - bong

Possess of a thing used in commision of a crime - poss the dodgy scales and few ounce bags or perhaps my lights?

 

I enlisted the help of a so called great laywer who specialises in crime and have already paid him almost $8000 which was my life savings to still be getting dragged throught the system over a year later. He has really done nothing for me and i feel i have wasted my money on this guy. He now wants an additional $11k from me to finish tha matter which includes barrister and psych report. I used him because someone i knew used him and did really good work for them for a weed matter.

 

The police also took my digital camera with pics of my lovelies on there. They also took my mobile. But none of these are appearing on the charges. I was not stealing any power etc. Also the police mention there were only 3 plants in total when they were more than that there as they would clearly see from the pics so not sure if they are going to use camera as would contradict what they have said?

 

So now i am going to court this August and have no idea what is really going on and why it is taking so long Over a year now???

 

I have now had to resort to getting legal aid as i have run out of cash and just recently finished working my computer job i was in fulltime for the past 2.5 years. I now am in fulltime study in IT so am on newstart allowance.

 

I have worked my whole life in IT Computing and have no record before.

 

My lawyer has said the only thing which concerns him was the tainted property charge which i have receipts and bank statements for even a stat dec from someone whom i sold a guitar too. Yet the dpp keep pushing this charge.

 

 

My question is now that you have a bit of a background on my situation. What is poss a likely outcome of this?

 

I am having to attend the supreme court over this and had so much stress about things for over a year and just want to get this over with and cop whatever is coming so i can get on with my life.

 

Another fact that i have stopped smoking weed after 14 years of everyday use and have been getting drug tested of my own accord for the past 12 months to show i am clean. I also underwent some counselling in relapse prevention. I have no probs with mates and my Girlfriend etc smoking it. I have had my fun with it thats for sure.

 

Can anyone poss shed some light on this for me as i am running into walls with these lawyers and the courts system over plant matter which should not be illegal! Any similar stories or experience or possible outcomes of sentence would be greatly appreciated.

 

Thankyou agin for having such a great website here. I will be sure to visit back again soon.

 

Regards - Bobby

[ianTE]

Queensland sounds like its still a police state.

 

From someone who has been to court (a few times ) I have to say your mouthpiece has ripped you.

But I thinkyou new already know that, why are you in supreme court? GBH (not the drug) has never got me to supreme (1st ier), just disitrict (2nd tier) I think you should have stayed in court of petty session/ county court (3rd tier) unless you plead not guilty and chose to indite (so you can have a jury) as there is no jury in the lowest court.

 

As this is Qland I dont know for sure its always been a bad place to be naughty but in WA and that was me the worst (with my record as well) suspend sentence say 18months on the top. I would say with no record Community service.

 

All the best to you. I know if I didnt smoke every day I would be lost.

[Zaknefain]

If you lived in Canada you would get off no problem.

 

The police cannot demand to come into your house and search it, even if your entire house is boxed and there is smoke wafting out the door as you talk to them. A bong is not cannabis paraphenalia, a dope bong is cannibas paraphenalia. As I said, if you were Canada you would be smiling because you would get everything back that they took from you.

 

 

-Emerson

[ianTE]

Hey just thinking this maybe clutching at straws but does it reallt state that its the sativa strain of cannabis.

I know if I was in Supreme court I would be challanging this point. If it does sate clearlly that you are charged with the possession of Cannabis Sativa and you have Cannabis indica then not guilty... a % mix dont know. As I said that is probably clutching at straws cause 3lb is a bit a weed.

See legal aid you dont have to always use thier lawyers they will often pay for private lawyer to act on your behalf.

 

I feel for you BJ sounds like youve been F#@ked and still have alittle way to go.

See legal aid

[Al Fish]

Recently I had a friend come to stay from the country and he brought with him some marijuana seeds: Durban Poison, Indian Kerala and another one I've forgotten. Apparently these came from Holland and are supposed to produce female plants. Unfortunately due to circumstances, I cannot grow anything where I am and as I should be leaving Australia in about September, even if I could find a place in the bush to grow I wouldn't be here to care for the resulting crop.

Not knowing anyone anywhere who grows, I put the seeds in the bin and the council rubbish truck has just taken them. I'm told that they cost approx. $15.00 a seed (but I'm only repeating what I've been told).

And I still can't find anyone who'll drink coffee with me.

Such is life!

Al.

[bobby joe]

Hi folks.

 

Thankyou for the quick feedback on this one. To answer a few of the q's,

 

IanTe - yeah i realise that this Lawyer has ripped me off for sure. He actually was asking me for an additional $12k on top of the $7700 i already paid him. Bloody ripoff merchant. Fancy wanting over 20K to defend a small time dope grower, it was not like i had a whole house decked out! Reason it is going to supreme is because the weight was over 500 grams which auto takes you to supreme in QLD.

I am pleading Not Guilty to the supposed "Tainted property $1500 cash" which i have all the reciepts for etc. Am pleading guilty to everything else though. And i think the not guilty to the tainted is what is dragging this thing out.

Also with regards to the lawyer, i am still going through the same firm that ripped me off. As soon as i mentioned to my ripoof merchant that i have no money left after giving it all to him, he dropped me like a sack of shit and palmed me off onto one of the other laywers who work there and does legal aid. Nice service! At least she is a mega babe though

 

Zaknefain - Yeah i used to live in Canada about 6 years ago, i think that is where i got my bad influences from ! I lived in BC and yeah they sure have alot better laws governing the use and posession / growing of weed there. Blunt Bros on Hastings was a great seed bank and cafe! I know there would have been alot less dramas if i was busted there with this. YEah they saw the bong and the lawyer said that was all they needed to come in so guess i am screwed there.

 

Again thankyou for your replies. I f anyone has been busted growing in similar circumstances esp if they know much about Qld laws i would love to hear from you.

Cheers folks! BJ

[Indycar]

Sorry to hear about your shitfight, bobby. Damn shame your copping a right royal one from the system.

 

Unfortunately, i have nothin' to add, as it appears your more experienced with the process, than myself.

 

I hope all pans out well eventually for you.

 

[Radic]

ouch

cops sux

pay day will come

they will get theirs

 

bro brick

when push comes to shove

is this your first offence in qld???????

if so then the judge will not want to put you in jail

and i would think you would be lookin at a fine/community servace at worst

in nsw it is called a section 10

it means clean skin with no previous criminal record,

first time in court,

and you can get no fine and no coviction record for section 10

qld has a simmular law

so that is the worst case sinario

now

we all know cops tell lies in court,

make many mistakes,

dont follow procudure,

and often break the law to get a conviction

any brief should be able to get you off thru some ticknicality

that is the thing to aim for

 

the best fun tho is to defiend yourself

that is the best way to personally talk to anyone,

at anytime, during the court case

 

a combination has worked for some

go thru all the court apperiences with legal aid or self defiended till the final court case then get a breif to take over for the final case

 

then there is the appeal

if you dont get what you want

appeal

some judges will give you a heavy handed outcome knowing that when you will appeal

you will get a better chance of getting the sentence being reduced to an acceptable outcome for you

which is no fine and no conviction recorded

all your cash and equipment back

and even your medicine returned

after all

they are the real criminals

they ilegally forced their way into your private home,

stole your cash, all your medicinal herb and your equipment

then try to limmit and destroy your career

 

cop sux

forward truth and rights

guidance

[grace]

The summary of my charges are exactly these

 

Possessing Dangerous drug - Namely cannabis sativa 1.5kg

Production of a Dangerous Drug - weed

Possessing tainted property - $1500

Possess utensil - bong

Possess of a thing used in commision of a crime - poss the dodgy scales and few ounce bags or perhaps my lights?

 

 

If you didn't already know your matter should be dealt with under the earlier provisions

(see ss 135 and 136 transitional provisions).

 

 

Recent Amendment to the Drugs Misuse Act after 30 YEARS.

 

From commencement of this act in 1986 these offences came under Part 2 - Drug Trafficking.

 

<http://www.legislation.qld.gov.au/LEGISLTN/SUPERSED/D/DrugsMisuseA86_06B_070928.pdf>

 

 

The part heading was recently amended to read Part 2 - Drug Offences.

 

<http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/D/DrugsMisuseA86.pdf>

 

Could it be that for the past 30 years in Queensland drug users charged under the earlier provisions ie. possession and cultivation offences etc when it was for personal and/or medical use and not for trafficking purposes were wrongly charged, convicted and/or sentenced?

 

There must have been something in that statutory construction argument after all.

 

I wonder if you argued that you don't misuse your drugs whether the act still applies?

 

Good luck with it.

Edited July 15, 2008 by grace

[Al Fish]

Bobby,

 

Maybe post 80 in the topic Been Busted, Grrrrr could be of some use. I don't know.

 

Al.