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Weed and the law

  • Thread starter Thread starter Gambino
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Gambino

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Sorry for posting a non-bb related question, I'll keep it brief. I have been busted twice in Michigan for misdemeanor possession of weed. Both times I had under a gram (sucks). If I get caught again, does that make me a repeat offender and thus a felon? Is their such thing as felony poss. of weed and would their be a seperate charge for being a repeat offender? Thank you, A.Gambino
 
Someone being arrested for having less than a gram, damn I haven'T seen this in a while (decade)... I guess in your country felony possession of weed would be related with the quantity you have.
 
I mean, does 3 misdemeanour possessions turn into a felony possession due to the fact you are a repeat offender?
 
It's possible to be elevated up to a felony predicated upon prior convictions, but not likely. I'm not familiar with MI law and will have to look this up in the MCL.

Merely for illustrative purposes, below find New York law. In a nutshell, simple first-time possession is merely a violation punishable by a fine. Possession doesn't become a felony (class E, the lowest felony), until one possesses more than eight ounces (NYS PL 221.20) The reference to 220 in the section below is for another controlled substance. (The NYS PL specifically excepts MJ from the definition of controlled substance, but includes "concentrated cannabis"):

§ 221.05 Unlawful possession of marihuana.
A person is guilty of unlawful possession of marihuana when he knowingly and unlawfully possesses marihuana.
Unlawful possession of marihuana is a violation punishable only by a fine of not more than one hundred dollars. However, where the defendant has previously been convicted of an offense defined in this article or article 220 of this chapter, committed within the three years immediately preceding such violation, it shall be punishable (a) only by a fine of not more than two hundred dollars, if the defendant was previously convicted of one such offense committed during such period, and (b) by a fine of not more than two hundred fifty dollars or a term of imprisonment not in excess of fifteen days or both, if the defendant was previously convicted of two such offenses committed during such period.


As an aside, New York places AAS in schedule II of section thirty-three hundred six(h) of the public health law. As such, AAS are also not included in the definition of "narcotic drug" as defined in NYS PL section 220.00. I mention this because they are so often referred to as such by unknowledgeable law enforcement who seek to demonize them. I recently had an argument with an ignorant police detective who insisted that I was merely arguing sematics and that AAS are narcotic drugs.

RW
 
RW...cops said AAS was a "narcotic"?!?!! HAHAHAHAHA...can't they look up the definition of "narcotic" in the dictionary...root etymology, "narco," sleep...hello??!

The best bet for the original poster is to check into MI law; it should be available on the state website or in any library. You can find the code sections on possession pretty easily.
 
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