Legality of smoking weed in US.
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25-04-2013, 09:24 AM
Legality of smoking weed in US.
I could have sworn I asked this already... but I can't find it... maybe I dreamed it?

Anyway...

Barring the states where weed is "legal", is it illegal to SMOKE weed?

From my understanding of the law, it is only illegal to sell, buy, possess, or intend to sell... smoking it isn't illegal.

You don't necessarily have to possess it to smoke it. If someone else has it and you smoke it, is that considered possession on your part?

I don't know... the laws seems a little ambiguous when it comes to this.

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25-04-2013, 09:33 AM
RE: Legality of smoking weed in US.
If you're using it, then you're probably in possession of it. After all, if you're holding the bong...

However, if it *wasn't* in your hands, or on your property, or in your car when the cops nab you, a decent lawyer can probably get you off. It's a gray area, most places.

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25-04-2013, 09:43 AM
RE: Legality of smoking weed in US.
Smoking is possession. THC in your blood stream is possession.

......although you'll never be charged with possession for having weed in your system, it is, technically, illegal. However, because it is impossible to prove it was consumed illegally, it is never enforced. (you could have smoked it somewhere that it's legal, and therefore cannot "unpossess" the marijuana until it is naturally purged from your body)

Just remember, if law enforcement witnesses you consuming, they can charge you with possession.

That all being said, I have little real life experience with weed in the states. Would a cop actually arrest you if you were caught smoking a joint? Are they really that strict? Here, the most that would happen is they'd give you shit, toss your J, and tell you to get your ass on home. And the least is that they would bogart the J.

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25-04-2013, 09:44 AM
RE: Legality of smoking weed in US.
I'm not a lawyer, but I've played one on TV.
This is just speculation, but I believe it's illegal to be under the influence. Certainly while operating a motor vehicle, but I think it covers being high anywhere.

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25-04-2013, 09:54 AM
RE: Legality of smoking weed in US.
What blows my mind is how anyone, EVER, gets caught for possession. Seriously. In the states, it seems like people. Don't know how to say, "no." If a cop asks to search you or your property, just say no. If you aren't a complete idiot, your weed is out of sight either on your person, or on your property.

An unlawful search negates pretty much everything that occurs after the search. So even if an officer searches you after you've refused to consent, anything the officer finds that is not a threat to his/her safety is inadmissable as evidence of unlawful behavior. (if you are ever asked to be searched, refuse, and then the officer searches anyways, just stay calm and don't physically resist. Re state that you do not consent to any searches, then passively comply. Often an officer will search you with the excuse that they are concerned about concealed weapons. Just play along. If they find the joint, they'll try to convince you that you're in trouble. Don't worry. You're not, and they know it.)

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25-04-2013, 10:14 AM
RE: Legality of smoking weed in US.
(25-04-2013 09:43 AM)Stark Raving Wrote:  Smoking is possession. THC in your blood stream is possession.

Weed possesses you ? ... some people just got a whole lot more understandable...
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25-04-2013, 10:30 AM
RE: Legality of smoking weed in US.
(25-04-2013 09:54 AM)Stark Raving Wrote:  What blows my mind is how anyone, EVER, gets caught for possession. Seriously. In the states, it seems like people. Don't know how to say, "no." If a cop asks to search you or your property, just say no. If you aren't a complete idiot, your weed is out of sight either on your person, or on your property.

An unlawful search negates pretty much everything that occurs after the search. So even if an officer searches you after you've refused to consent, anything the officer finds that is not a threat to his/her safety is inadmissable as evidence of unlawful behavior. (if you are ever asked to be searched, refuse, and then the officer searches anyways, just stay calm and don't physically resist. Re state that you do not consent to any searches, then passively comply. Often an officer will search you with the excuse that they are concerned about concealed weapons. Just play along. If they find the joint, they'll try to convince you that you're in trouble. Don't worry. You're not, and they know it.)

Good advice. And to add to it.... if you're stopped in your car, don't roll the window all the way down or, get out of the car, lock it and put the keys in your pocket.

Always respond to requests for searches with "I do not consent to any searches" and if thy ask why, only answer "for my protection".

As the Miranda Warning reads, anything you say can and will be used against you so don't say anything at all other than the above, if necessary and, yes or no.

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25-04-2013, 10:56 AM
RE: Legality of smoking weed in US.
(25-04-2013 09:24 AM)kingschosen Wrote:  I could have sworn I asked this already... but I can't find it... maybe I dreamed it?

Anyway...

Barring the states where weed is "legal", is it illegal to SMOKE weed?

From my understanding of the law, it is only illegal to sell, buy, possess, or intend to sell... smoking it isn't illegal.

You don't necessarily have to possess it to smoke it. If someone else has it and you smoke it, is that considered possession on your part?

I don't know... the laws seems a little ambiguous when it comes to this.

If someone passes me a joint at a concert and I take it -- it's possession. Which reminds me -- it's got to be like 10+ years since I've gotten stoned.


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25-04-2013, 11:05 AM
RE: Legality of smoking weed in US.
Well crap.

I guess I lose the argument.

Bleh.

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25-04-2013, 11:21 AM
RE: Legality of smoking weed in US.
(25-04-2013 11:05 AM)kingschosen Wrote:  Well crap.

I guess I lose the argument.

Bleh.

And I'm sure you'll admit gracefully.


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