Marijuana.com

chadwick

according to california law parifinelia is decriminalized i belive this would include a scale, they may confiscate it but after that no law is broken, but the can charge you with distribution, now heres the possible look hole you are allowed to gift marijuana of under an ounce and all you will get is a hundred dollar fine,

with a good lawyer do you think you would be able to claim you were weighing it to gift it not to sell it and get off with only a fine instead of some jail time?

 

troublemaker_42

Its your life...do you want to gamble on such odds? I wouldn't, personally, considering if you fail, you are more than likely facing a felony. Do you want to take a chance on "maybe" getting out of a feloney distribution charge? "Maybe" sure isn't sure enough for ME to risk it, but feel free if you really want to test the law.

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Amdro

Really depends on how much bud you have on you and how much of a dick the arresting officer is. If you have less the felony amounts of weed with a good lawyer you're probably looking at a slap on the wrist. I assume you're not a big time dealer and if thats the case cops and prosecutors aren't going to want to waste time on you so they would probably hang the charge of the scale over your head so you would agree to a deal and wouldn't waste time with a trial.

dedbr

Let me give you the best advice anyone is ever going to give you.....Keep your mouth shut, and wait till the lawyer gets there. That advice is free. The lawyer's gonna cost ya mucho dinero...

If I was John Q. Citizen sitting on a jury, and they had a dude in front of me that says he was weighing out bags for gifts, that was the reason he was carrying the scales and the weed, I would just laugh.

Think about it for a minute, homey..... What would you think? It might sound good, but it's really not after you think it thru, huh?


Some Where In Ded Land............

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Buzzby

There's a difference between "doubt" and "reasonable doubt". Your statement that you were weighing out bags for gifts would provide "doubt", but I can't imagine it rising to the level of "reasonable doubt" with any judge or jury that wasn't stoned on its ass.

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chadwick

all very good points, i was thinking of this being a very unlikely senerio cause i dont like to carry my scale around, mostly cause i used the cover on it to make handgrenade hash and havent found a way to clean it without wasting the hash still sticking to the scale,

and no im not a dealer or anything i use the scale mostly cause i have the connections other dont so i act as a middle man they get what they paid for and my friend always kicks me down a bit, so realy i am gifting it but that would be hard to pass through a court

Quiet420

if you live in california, avoid the whole issue of having a scale for your legal medicinal marijuana, start panning gold/mining tourmalines and store your scale with your finds.

get yourself a good digital jewelers scale, 1 carat = 0.2 grams

revtruth

Well i see no one has realy looked up laws when it comes to just mj and what constitues as a sale. in most states even giving mj as a gift counts as a sale. handing some one a joint to hit off it counts as a sale and then you end up with an adition charge along with the sale. no matter what you choose for a defense it will be blown over by the facts of the laws and how they are writen to constitute a sale. if you are worried about loosing a scale mabey you should reconsider what you are doing. you need to think of the big picture if you are weighing out ounces at a time you are looking at some serious charges any ways if you get caught. though alot of states are changing what amounts count as just a slap on the wrist these days i know that none have or are in the process of decriminalizeng sale of mj and they can get you with out any issue for having a scale and bags and with even having a small amount on you as a intent to distute charge. you best bet would to be who ever you are dealing with to have them go buy a postal scale and have it and a bag on hand when you come by, and only bring what is needed.

chadwick

ya im not realy selling i'll just hook my friends up with my connect kinda, so i rely on the gifting law here in california when im doing this since i am not making any monitarty gain, the scale isto ensure acurracy when im picking up for multiple people and to check to make sure its correct, so i should be covered under it but i wanted to know this for my other friend who possibly is involved in that bussiness

and one state is coming close to legalizing the sale of MJ california, look for the cannabis hemp and health bill, i belive signatures are still needed but we have a couple more months and not many signatures to go, lets just hope it makes it and is passed

revtruth

well i hate to burst your buble i have found the exact ca laws that you find that you are still breaking the law. the full law can be found here WAIS Document Retrieval

but here is where you need to look

11360. (a) Except as otherwise provided by this section or as
authorized by law, every person who transports, imports into this
state, sells, furnishes, administers, or gives away, or offers to
transport, import into this state, sell, furnish, administer, or give
away, or attempts to import into this state or transport any
marijuana shall be punished by imprisonment in the state prison for a
period of two, three or four years.
(b) Except as authorized by law, every person who gives away,
offers to give away, transports, offers to transport, or attempts to
transport not more than 28.5 grams of marijuana, other than
concentrated cannabis, is guilty of a misdemeanor and shall be
punished by a fine of not more than one hundred dollars ($100). In
any case in which a person is arrested for a violation of this
subdivision and does not demand to be taken before a magistrate, such
person shall be released by the arresting officer upon presentation
of satisfactory evidence of identity and giving his written promise
to appear in court, as provided in Section 853.6 of the Penal Code,
and shall not be subjected to booking.

gives away counts as making it a gift so you are breaking the ca law.

and unless you fall in this

11362.5. (a) This section shall be known and may be cited as the
Compassionate Use Act of 1996.
(b) (1) The people of the State of California hereby find and
declare that the purposes of the Compassionate Use Act of 1996 are as
follows:
(A) To ensure that seriously ill Californians have the right to
obtain and use marijuana for medical purposes where that medical use
is deemed appropriate and has been recommended by a physician who has
determined that the person's health would benefit from the use of
marijuana in the treatment of cancer, anorexia, AIDS, chronic pain,
spasticity, glaucoma, arthritis, migraine, or any other illness for
which marijuana provides relief.
(B) To ensure that patients and their primary caregivers who
obtain and use marijuana for medical purposes upon the recommendation
of a physician are not subject to criminal prosecution or sanction.

(C) To encourage the federal and state governments to implement a
plan to provide for the safe and affordable distribution of marijuana
to all patients in medical need of marijuana.
(2) Nothing in this section shall be construed to supersede
legislation prohibiting persons from engaging in conduct that
endangers others, nor to condone the diversion of marijuana for
nonmedical purposes.
(c) Notwithstanding any other provision of law, no physician in
this state shall be punished, or denied any right or privilege, for
having recommended marijuana to a patient for medical purposes.
(d) Section 11357, relating to the possession of marijuana, and
Section 11358, relating to the cultivation of marijuana, shall not
apply to a patient, or to a patient's primary caregiver, who
possesses or cultivates marijuana for the personal medical purposes
of the patient upon the written or oral recommendation or approval of
a physician.
(e) For the purposes of this section, "primary caregiver" means
the individual designated by the person exempted under this section
who has consistently assumed responsibility for the housing, health,
or safety of that person.

which means if you are the person who was told by a dr to smoke up or you are a primary care giver you are by ca laws selling mj wether you gift it or not. but if some how you are entiled to smoke under the medical use law gifting mj still would count as a sale unless you are gifting it to another person who is covered under the medical use parts of the law.

ca is on its way trying to make mj legal in alot of aspects but still all and all most of there laws still reflect how most states in the union and in all hoesty even if you are covered my ca medical laws those people are still up for criminal charges from the feds if they choose to press the issue since mj is covered by the fedral narcotics act.