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Buzzby · 05-13-2008, 02:43 AM

Police arrest man who dialed deputy to order marijuana
AP | WRCB-TV | 05/12/2008

MCMINNVILLE, Tenn. (AP) - Warren County authorities arrested a man they say misdialed and ordered marijuana from a sheriff's deputy.

Sheriff Jackie Matheny said Deputy Jason Rowland was off duty when his cell phone rang and the voice on the other end asked if he had any "smoke." Rowland played along and the caller ordered $40 worth of marijuana.

Rowland told the caller to meet him behind a shopping mall later on Thursday, then he called investigators.

The alleged buyer showed up and police charged him with solicitation of drug sales and DUI.

Information from: Southern Standard, Southern Standard

I had no idea that you could be charged with a crime for asking someone to sell you some weed! It seems that you can be convicted of a drug crime when there were no drugs involved at all.

bobmarleyfan · 05-13-2008, 03:23 AM

Quote:

Originally Posted by Buzzby

It seems that you can be convicted of a drug crime when there were no drugs involved at all.

I know it might not be quite the same thing but I believe you can be charged with conspiracy to sell drugs if you claim something is a drug and sell it even if its not ... ie selling baking soda as cocaine or oregano as weed (

)

feedyourhead · 05-13-2008, 03:41 AM

well, doesn't surprise me, since solicitation to commit any crime is against the law in the US...

carlover_36 · 05-13-2008, 04:19 AM

Aint much of anything that is legal anymore.
Welcome to America

**troublemaker_42** · 05-13-2008, 06:23 AM

It only makes sense, as far as I'm concerned. I mean, attempting to solicit a hooker is a crime. Attempting to illegally purchase a firearm is a crime. Attemptiong to murder someone is a crime. Why WOULDN'T attempting to purchase illegal drugs be a crime? Attempting to commit just about any crime is illegal.

I mean, reverse stings would be pointless if this wasn't a crime. Why wouldn't attempting to acquire illegal drugs be the same as every other example above?

Wouldn't this be better suited for the legal forum, rather than legalization/decriminalization?

**Lit_Match** · 05-13-2008, 09:36 AM

Depends on the state in which you live whether or not intentional solicitation of drugs is criminal.

Quote:

Originally Posted by Tennessee Law section 39-12-102

Solicitation - Defenses disallowed.

(a) Whoever, by means of oral, written or electronic communication, directly or through another, intentionally commands, requests or hires another to commit a criminal offense, or attempts to command, request or hire another to commit a criminal offense, with the intent that the criminal offense be committed, is guilty of the offense of solicitation.

(b) It is no defense that the solicitation was unsuccessful and the offense solicited was not committed. It is no defense that the person solicited could not be guilty of the offense solicited, due to insanity, minority, or other lack of criminal responsibility or incapacity. It is no defense that the person solicited was unaware of the criminal nature of the conduct solicited. It is no defense that the person solicited is unable to commit the offense solicited because of the lack of capacity, status, or characteristic needed to commit the offense solicited, so long as the person soliciting or the person solicited believes that either or both have such capacity, status, or characteristic.

Link

Looks like his only defense would be to claim he was only joking, or in no way serious about the delivery of marijuana. I'm gonna go ahead and assume he made the mistake of talking to the police when they showed up and has probably already admitted in some way to being guilty.

phuzz01 · 05-14-2008, 03:05 PM

There are several inchoate crimes in our justice system. To name a few:

1. Attempt
2. Accomplice
3. Solicitation
4. Conspiracy

To meet the burden for most of these offenses, the state must prove two things: that the actor had criminal intent (mens rea), and that a substantial step was taken towards the comission of the crime.

captainReefer · 05-19-2008, 11:57 PM

Quote:

Originally Posted by Lit_Match

Depends on the state in which you live whether or not intentional solicitation of drugs is criminal.

Link

Looks like his only defense would be to claim he was only joking, or in no way serious about the delivery of marijuana. I'm gonna go ahead and assume he made the mistake of talking to the police when they showed up and has probably already admitted in some way to being guilty.

Sounds like it may have been one of those times to keep your mouth shut and let your lawyer do the talking.

OliviaLeilani · 05-20-2008, 06:17 PM

possestion of controlled substance.

feedyourhead · 05-21-2008, 05:00 PM

Quote:

Originally Posted by OliviaLeilani

possestion of controlled substance.

did you read the aticle??

05-13-2008, 02:43 AM	#1
Buzzby Buddhist Curmudgeon Join Date: Aug 2004 Posts: 13,696 Grams: 37,247.72 Groans: 26 Groaned at 34 Times in 29 Posts Thanks: 441 Thanked 2,900 Times in 1,512 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	It's illegal to try to buy marijuana? Police arrest man who dialed deputy to order marijuana AP \| WRCB-TV \| 05/12/2008 MCMINNVILLE, Tenn. (AP) - Warren County authorities arrested a man they say misdialed and ordered marijuana from a sheriff's deputy. Sheriff Jackie Matheny said Deputy Jason Rowland was off duty when his cell phone rang and the voice on the other end asked if he had any "smoke." Rowland played along and the caller ordered $40 worth of marijuana. Rowland told the caller to meet him behind a shopping mall later on Thursday, then he called investigators. The alleged buyer showed up and police charged him with solicitation of drug sales and DUI. Information from: Southern Standard, Southern Standard I had no idea that you could be charged with a crime for asking someone to sell you some weed! It seems that you can be convicted of a drug crime when there were no drugs involved at all. __________________ There's no doubt that Republicans love America. They just hate half the people who live here. ~ Jon Stewart, 08/26/2008 Theocracy Watch

05-13-2008, 03:41 AM	#3
feedyourhead Sr. Member Join Date: Jun 2007 Posts: 944 Grams: 5,442.98 Groans: 9 Groaned at 57 Times in 50 Posts Thanks: 92 Thanked 195 Times in 127 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	well, doesn't surprise me, since solicitation to commit any crime is against the law in the US... __________________ Excuse me please one more drink Could you make it strong cause I don’t need to think He broke my heart my Grace is gone One more drink and I’ll move on.... RIP MJC

05-13-2008, 04:19 AM	#4
carlover_36 Member Join Date: Sep 2005 Posts: 375 Grams: 2,281.66 Groans: 0 Groaned at 1 Time in 1 Post Thanks: 29 Thanked 42 Times in 28 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	Aint much of anything that is legal anymore. Welcome to America __________________ Stay Stoned

05-13-2008, 06:23 AM	#5
troublemaker_42 May be habit forming Join Date: Mar 2004 Posts: 10,619 Grams: 16,785.82 Groans: 135 Groaned at 32 Times in 29 Posts Thanks: 826 Thanked 1,520 Times in 819 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	It only makes sense, as far as I'm concerned. I mean, attempting to solicit a hooker is a crime. Attempting to illegally purchase a firearm is a crime. Attemptiong to murder someone is a crime. Why WOULDN'T attempting to purchase illegal drugs be a crime? Attempting to commit just about any crime is illegal. I mean, reverse stings would be pointless if this wasn't a crime. Why wouldn't attempting to acquire illegal drugs be the same as every other example above? Wouldn't this be better suited for the legal forum, rather than legalization/decriminalization? __________________ Remember you're a wreck, an accident forget the freak, you're just nature Keep the gun oiled and the temple clean shit, snort and blaspheme Let the heads cool and the engine run Because in the end, everything we do is just everything we've done..."Omega" by StoneSour http://en.wikipedia.org/wiki/Politic...ma#Gun_control www.sportsmenforObama.org Last edited by troublemaker_42 : 05-13-2008 at 09:47 AM.

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05-14-2008, 03:05 PM	#7
phuzz01 Sr. Member Join Date: Jan 2001 Posts: 824 Grams: 5,275.05 Groans: 1 Groaned at 1 Time in 1 Post Thanks: 14 Thanked 235 Times in 86 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	There are several inchoate crimes in our justice system. To name a few: 1. Attempt 2. Accomplice 3. Solicitation 4. Conspiracy To meet the burden for most of these offenses, the state must prove two things: that the actor had criminal intent (mens rea), and that a substantial step was taken towards the comission of the crime.

05-20-2008, 06:17 PM	#9
OliviaLeilani New Member Join Date: May 2008 Posts: 7 Grams: 301.15 Groans: 0 Groaned at 0 Times in 0 Posts Thanks: 0 Thanked 0 Times in 0 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	possestion of controlled substance.

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