is this legal?

Discussion in 'Legal Issues' started by serialcultivator, Jan 11, 2008.

  1. serialcultivator

    serialcultivator New Member

    For a long time I have been considering getting a whizzinator. However, I am troubled by a couple of things. One of them being several mirror tiles all around the toilet in the bathroom i have to go in to piss in a cup. A man usually stands with me and every so often looks at those reflective tiles. This presents a big problem for be because I feel it would be much easier to discover my use of the whizzinator in a test. It feels very invasive and violating and I would like to blow a whistle if I can. Also, how easy is it to discover the use of one of these devices and what would penalties be for being caught with it?
  2. t-1000

    t-1000 Sr. Member

    I think you should just go ahead and buy it and then see how realistic it is. Even if you decide it isn't worth the risk with someone watching you, a whizzinator is the type of thing you are likely to want in the future. You could at least sell it to someone if you end up not wanting it. Also, keep in mind that people HAVE been caught using the whizzinator, so you should expect a PO to be knowledgeable about it.

    It is most assuredly illegal to attempt, in any way, to fool a drug test.
  3. Buzzby

    Buzzby Buddhist Curmudgeon

    If this is a court-ordered test of some sort, they have every right to observe you. Assuming that this is a probation test, you'd be violating your probation and subject to whatever penalties the court could have imposed for your crime. Usually when you're sentenced they tell you that you're getting probation in lieu of a specific sentence. In my case it was three years of probation in lieu of eleven months in jail, after serving a month.

    Used Whizzinator
    Only used for Tuesday probation appointments;
    thoroughly sterilized
  4. pkster8235

    pkster8235 Lazy Dancer

    I checked out the site, and they look fairly realistic. Good testimonials too... also bad testimonials from ignorant fools, but what can you do? I would go for it if I were a guy. Just make sure you pick the right shade :laugh:
  5. Pompo

    Pompo New Member

    [​IMG] You're killing me here Buzzby :laugh:
  6. Buzzby

    Buzzby Buddhist Curmudgeon

    If I can make someone laugh, it was worth getting out of bed in the early afternoon. :D
  7. serialcultivator

    serialcultivator New Member

    so overall is it easy to get caught using the whizzinator? or were the people who got caught just stupid? I am sure they know about the whizzinator. The guy who supervises the urine test is pretty chill but I am sure he would report me if he obviously knew about it. I plan to buy it anyway and practice using it. I guess I wont know until I try it. I was given 2 years of supervised probation for a deferred judgement. In colorado, cultivation carries a penalty of 2-4 years incarceration. What exactly does it mean to violate probation? will my probation be revoked and i am retried? or would i just go to jail for a few days and then restart probation?
  8. BartSimpson

    BartSimpson Sr. Member

    It means that when you are caught using your whizzinator (what do you think those mirrors are for?) you will do 2 to 4 years in the joint. This is a separate offense from the original cultivation charge, you will now face added time for your new whizzinator issue. It is a separate offense and they don't take this scam lightly. Law book thrown hard by Judge.

    You will be caught (you think that guy likes looking at your dick?) and when this happens your probation will instantly be revoked and you will immediately go to jail, Then other jailbirds will get to try their whizzinator on you. How's that sound?

    Get a clue here, buddy, you are not the first person to be drug tested. They know all the scams. They are clearly out to prevent substitution. You can't smoke pot for two years. Time to give it a rest, or you will regret it. Or expect the big whizzinator where the sun don't shine time.

    Are the black ones bigger than the white ones? My girlfriend wants to know.
  9. Buzzby

    Buzzby Buddhist Curmudgeon

    If you violate the terms of your probation, you can be subject to anything up to the penalty you might have gotten instead of probation. There's no retrial. You've already been convicted. A judge will revoke your probation and give you a sentence, which you will serve until such time as it's completed or you're paroled.
  10. serialcultivator

    serialcultivator New Member

    would probation be revoked over one failed drug test? how big of a slip up would it take to get probation revoked? I am currently on 2 a month tests and see my PO once a month. I've heard that I would get more frequent tests and/or more frequent meetings. I also heard that with a major fuck up, I would most likely lose the deferred part of my judgement but have to continue on my probation. Essentially, what could I expect for failing any tests? I've been trying to find a way around quitting smoking pot, but it looks like there is no way out of quitting. Thanks for the help so far.
  11. BartSimpson

    BartSimpson Sr. Member

    1. Failing a test is significantly different than using a Whizzinator, based on intent.
    2. Failing a drug test first time would result in a violation and more frequent testing.
    3. Using a Whizzinator results in jail, as you just proverbially flipped the Judge off.
    4. Ask yourself if smoking weed is worth 60 days in the County Jail and your freedom.
    5. Ask yourself if smoking weed is worth never getting a job that involves decent money.

    The Judge will be happy to put you in jail to show you how to quit, no matter what excuse you have. MJ is not addictive, so quiting is entirely up to you - you can stop today. Right now. Your entire life will be determined by this decision; the next month, the next year, the next 30 years from now you will affected. So, do you feel lucky?

    I'll add one more specific to your case:
    You already have been ratted out - what is to say you don't get ratted out again.
    All it takes is somebody calling your PO and say you be smoking. Instant test.
  12. Buzzby

    Buzzby Buddhist Curmudgeon

    That's entirely up to your PO. If you get caught trying to substitute, they'll throw the book at you.

    If you're on probation and subject to random, observed UAs, abstinence seems to be the only way.
  13. serialcultivator

    serialcultivator New Member

    Are all felonies, regardless of charge, equally bad to an employer? I know I should quit and I will. I only smoked occasionally and got a couple diluted UA's on my probation and haven't smoked as of last wednesday. I guess I just need to make new friends or at least not be around the old ones. As lame as it may sound, it feels like there is a gaping hole in my life without weed. I dont think I even know anyone who doesn't smoke. I have so many other serious problems right now aside from my probation and I have a hard time coping when the way I used for the past 4 years became forbidden. Just have an extreme amount of stress that would take a 2 page thread to explain. But none of those consequences are worth it. I suppose I'll have the rest of my life to smoke weed.
  14. FunkySkunky

    FunkySkunky Gentille, allouette

    One slip on a cultivation charge after a deferred judgement would certainly get you jail-time. The next judge that tries you will see "Item one: Probational Deferred Judgement" and laugh when he sees what you're currently being tried for. If you're lucky, he will give you a minimum sentence of 2 years. If you're not so lucky, catching the judge on a bad day, a day when he really wants to slam the hammer when it comes to "those dirty dopers", you're gonna get it man. Either way, I'm absolutely certain that probation violation would land you mandatory jail-time. I'm saying thanks to BartSimpson and reiterating when I tell you to "give it a rest".
  15. Buzzby

    Buzzby Buddhist Curmudgeon

    I'd much rather employ an ex-pot farmer than an ex-armed robber. I suspect others would have a similar attitude. Most employers would reject you just on the basis of any felony conviction, unless you had some very special and hard-to-find skill set. Why risk employing someone with a criminal record when there are equally qualified applicants without one?
  16. BartSimpson

    BartSimpson Sr. Member

    Buzzby is very wise, listen to him more than me. But if you are going to listen to me, try this:

    I am an employer in a pot-friendly environment and I look the other way on minor pot convictions (and give dirty testers another chance for a clean test), but felonies are really beyond my discretionary limit. I need 5 to 7 years of clean history AFTER felony parole or probation is completed to bring young men onto my clients property. I can't defend your behavior if something goes wrong - even when it is not your fault - when you are a prior felon. Some bastard may flip out on you for no reason, but if you are a "felon" it is a burden of proof. It sucks because guys like you are often very motivated workers. Welcome to life in the real world.

    Maybe I can help you with your stress - without even knowing you I can guess that it involves being broke, some bitchy woman, and your family's position on your situation.

    First and foremost - get in shape. Ever wonder why guys in the joint spend all their time working out? How many push-ups can you do? This is going to make you feel better faster than any drug will. If you need to start somewhere - go for long walks or hikes. It will clear you head and release some chemicals in your body that make you feel better. And it is the closest you will come to getting high. Seriously, break a sweat.

    Women your age right now are going to just effe your head up beyond belief. Sure you want to get some mink, but taking a few months off and clearing your thoughts is really going to help. I cannot explain in a sentence the importance of this - but my friend Tom Leykis can - maybe you can get his podcasts or something. It's just a stinky hole, but it drives young men like you crazy. DTB, move out, move on, and get it down to just you. You're too young for a girlfriend, and too confused to deal with one.

    Your Mom and Dad are divorced, no doubt. And you likely have spent the last few year living with Mom. It is time to reconnect with Dad - you might be surprised how much better you will feel if you go for a walk with your Dad and tell him how you really feel. You are hitting the age where men need other men - not the boys you have been hanging with, but men who have some direction and can call you on your crap. If you never saw the movie "Fight Club", get it. Time to man up and aim at some goal.

    Kill your television - it's all crap. Sell extra junk at Swap Meets - it's all cash. And get real personal with your PO - because it is harder for him to violate you if he knows you (if your PO is female, demand a male, immediately). Ask him to explain some of these matters, over lunch. Ask your PO about leaving the area, or the state, it often reduces the impact of the conditions very quickly.

    I've got no reason to steer you wrong, so I hope something here makes sense.
  17. Secs

    Secs New Member

    No. It has been my experience that employers rate felonies depending on their original charge.

    I have one employer who absolutely hates a sexual predator (regardless of situation, severity of the registration or circumstances of the conviction) and thieves. He will overlook a Class C felony NSF charge and a 5 year old DUI, but will never hire anyone registered on any State sexual predator listing or who has any sort of drug or theft charge.

    Another employer in the same industry, doesn't screen his employees at all for any type of criminal history other than is required by the HazMat endorsement on the commercial driving license.

    Some Construction employers don't really care too much about a possession (pot) or DUI as long as the applicant or employee is not driving a company vehicle. They do care about drugs (other than pot), theft, any sort of violent behavior (domestic, assault, etc.). They don't want their equipment and tools walking off the job and they don't want any hotheads causing trouble on the crew.

    White collar employers don't want any criminal activity what-so-ever. IF they can hide a positive pot drug test, they will overlook it sometimes, but that is it. Any criminal history that could potentially embarrass the company, they don't want anything to do with.

    You see, it isn't what most employers do, but rather how each type of industry handles their screening of employees. Even within a given industry, you have the different personalities of the actual man in charge making his individual preference.
  18. Hookahs

    Hookahs Banned

    Plus, not having the stress of worrying if you get caught or if you passed, outweighed the risks of smoking for me.
  19. serialcultivator

    serialcultivator New Member

    BartSimpson was surprisingly accurate with describing what is going wrong. I have been clean for about a week now and will continue it. After all, I am lucky to get deferred judgement and not just sentenced to do time. Im glad to hear good words of wisdom. Thanks for the advice.
  20. KingDub

    KingDub New Member

    No. He stated that he was given probation as part of a deferred judgment. IF he violates his probation, the judge will be given the opportunity to convict him. The goal of probation in deferred judgments is to rehabilitate first time offenders and offer them a dismissal of the case from court upon the completion of probation. The result is no conviction. This is what happened to me when I got caught.

    My advice is to stop smoking. Don't be stupid. Don't use the whizzinator; if you get caught, and you probably will, you'll likely go to jail for your charges and you'll also be convicted for two, not just one, crimes. Namely, you'll be convicted for adulterating a state-mandated drug test, in addition to the original charge. In some areas, adulteration of a drug test is a felony.

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