being charged for possession of smoking utensil

[pipeman]

someone told me tonight that the cops can't charge you with possession of a utensil to smoke an illegal substance unless they can prove you were going to do so, and they cannot test it for mj residue. So usually they ask "what are you going to use this for?" A lot of the time people just admit it is to smoke pot since they have already been busted. But if they didn't say this and the device wasn't packed or the police didn't actually catch you in the act chances are you don't get fined for a utensil, which may mean your fine is halfed if all they've got you for is posession.

 

Don't know if it is true or not but thought I'd put it out there.

 

Irrespective the old rule of shut the fuck up and get a lawyer is always the best course of action!

[Guest Urbanhog]

my ex-neighour's mate got busted with a bong in his car, but he didn't say anything or admitted anything, just kept his trap shut, but no weed or whatever, but the bong was dirty, stank of pot, etc.. and that guy was on the cops's blacklist for his anti-social ways, and the cops ended up slapped him with 3 charges for one bong thats it (cone + stem + the bottle = 3 parts) here in QLD. He went to the court and just got off with 12 month good behaviour bond...plus "$120 court costs".

 

When I was living in Tassie, my mates always had cops knocking on the door for too many parties, etc. and the bong was always on the coffee table, and the cops didn't say anything, just turned blind eye told us to turn the music down, and enjoy our night.

 

Urbanhog http://www.gamers-forums.com/smilies/contrib/sp/chefico.gif

[Dr Doug]

Queensland the land of the vagrancy law. No money no id therefore guilty searched, in the jail cell fined. When I was growing up in this shithole called Toowoomba in Southeast QLD two of my friends were busted and given community service and probation. They told two coppers that they could score for them took the money dealer wasnt home gave the money back. The guy who took the money got 240 hrs community service and 18 mths probation and the guy who called him got 200 hrs community service and 12 mths probation. No drugs were ever seen. That crap is why I live in Sydney. They have a saying about Queensland in NSW " At the border set your watch back one hour and your mind back 50 yrs" the other states are generaly pretty cool unless you give the coppers shit.

[Tom]

When I was living in Tassie, my mates always had cops knocking on the door for too many parties, etc. and the bong was always on the coffee table, and the cops didn't say anything, just turned blind eye told us to turn the music down, and enjoy our night.

 

Urbanhog  

 

I know someone down here that doesn't bother to hide the bong anymore when the cops or community services call round, they ignore it, wouldn't put it to the test myself though. It may have something to do with the courts losing interest in cannabis cases and the cops having too high a workload to worry about piss-ant offences.

 

Congratulations on finding a chef smiley hog.

 

http://www.gamers-forums.com/smilies/contrib/ruinkai/coolgleamA.gif http://64.207.13.28/mysmilies/otn/glasses/smokin.gif

[rodwal]

Tis true with regards to utensils unless you admit to using or plan to use or have used in past then you cannot be charged for possessing a smoking implement.

 

ps. from the horses mouth

[sols]

g'day rod; perhaps the horse is not exactly correct?......

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 11

Possession of equipment for administration of prohibited drugs

11 Possession of equipment for administration of prohibited drugs

 

(1) A person who has in his or her possession any item of equipment for use in the administration of a prohibited drug is guilty of an offence.

(1A) Subsection (1) does not apply to or in respect of a hypodermic syringe or a hypodermic needle.

(1B) Subsection (1) does not apply to or in respect of a person prescribed by the regulations, or a person who is of a class of persons prescribed by the regulations, who has in his or her possession any item of equipment that is required to minimise health risks associated with the intravenous administration of a prohibited drug.

(2) Nothing in this section renders unlawful the possession of an item of equipment by:

(a) a medical practitioner, dentist, veterinary surgeon, pharmacist or nurse acting in the ordinary course of his or her profession,

( a member of any other prescribed profession acting in the ordinary course of that profession,

© a person licensed or authorised to have possession of the item of equipment under the Poisons Act 1966 ,

(d) a person authorised to have possession of the item of equipment by the Secretary of the Department of Health, or

(e) a person for use in the administration of a prohibited drug lawfully prescribed or supplied

 

DRUG MISUSE AND TRAFFICKING ACT 1985 - SECT 11A

Sale, supply and display of waterpipes

11A Sale, supply and display of waterpipes

 

(1) In this section:

"shop" includes:

 

(a) so much of a building or place as is used for the sale, or supply in the course of commercial transactions, of goods, and

( a stall or other structure used for such sale or supply of goods at a market or elsewhere,

but does not include anything prescribed by the regulations as not being a shop for the purposes of this section.

"waterpipe" means:

 

(a) a device capable of being used for the administration of a prohibited drug, by means of the drawing of smoke or fumes (resulting from the heating or burning of the drug) through water or another liquid, or

( a device that is apparently intended to be such a device but that is not capable of being so used because it needs an adjustment, modification or addition,

and includes a device known as a bong, but does not include a device of a class or description prescribed by the regulations as not being a waterpipe for the purposes of this section.

(2) A person who:

(a) sells a waterpipe, or

( supplies a waterpipe in the course of or in connection with a commercial transaction,

is guilty of an offence.

(3) A person who displays a waterpipe:

(a) in a shop, or

( near but in connection with a shop,

is guilty of an offence, unless the person satisfies the court that the display was not for a commercial purpose.

(4) For the purposes of this section, it is immaterial that the waterpipe was used or intended to be used for a purpose other than the administration of a prohibited drug.

 

http://www.austlii.edu.au/au/legis/nsw/con...t/dmata1985256/

[sols]

g'day; p.s, i got busted for possession of 2gm of leaf last week after i got stopped for hole in tail light lens.

they did not realize my pipe when they found it and put it back without looking at it too hard.

1st offence, they did not formerly arrest me, they gave me ticket of charge and court date.then sent me on my way.with a defect too.(took 5 minutes to lift defect)..

hopefully i'll only get small fine.

if anyone has good law links, i'd like to see some

anyone else had similar charge? what was penalty? in nsw.

[Tom]

The only one I have is for the Supreme Court but you wont be going there: http://www.lawlink.nsw.gov.au/sc/sc.nsf/pages/index

 

When I take mj somewhere I keep it on my person the cops can pull me over and search my car any time they want, they cannot search me without my permission unless they arrest me first.

 

http://www.gamers-forums.com/smilies/contrib/ruinkai/coolgleamA.gif http://64.207.13.28/mysmilies/otn/glasses/smokin.gif

[sols]

g'day; more than 20 years of smokin, 1st time busted, in future it stays in wallet.(if carried at all).

there are more than 100,000 links for laws, i looked thru about 100 so far, still not found anything to get charge dropped yet.

will keep looking

[nouseforaname]

hey all,

Note to anyone thinking of having a big new year on the town... The dogs will be out in force and they are searching for terrorists... bag searches etc will be approved without consent :angry: ,, so be very careful people would be a bad way to end the year or start a new one.