New Hampshire Underground

New Hampshire Underground => Civil Disobedience => Topic started by: FTL_Ian on April 30, 2008, 10:14 AM NHFT

Title: Marijuana Smoking in Public
Post by: FTL_Ian on April 30, 2008, 10:14 AM NHFT
Looks like the political system fails again as the most insignificant marijuana decrim bill was voted down 4-0 by the Senate Judiciary Committee and is likely to die its final death on Thursday.

Here you can listen to some NH police jackass talk about how he thinks there's no parallel between alcohol and drug prohibition:
http://nhcommonsense.org/blog/nhpr_the_mellowing_marijuana_laws

I still think that a civil disobedience involving a wide range of marijuana consumers "coming out of the closet" could be very powerful.  Anyone else interested?  Should we do this at the next Freedom Fest?  Sooner?  Later?
Title: Re: Marijuana Smoking in Public
Post by: Puke on April 30, 2008, 10:16 AM NHFT
What about having people smoke hand rolled tobacco cigs at the same time.
It could throw a wrench in their arrest process.
I don't know, just a thought.
Probably a stupid thought.
I'll stop thinking now.
Title: Re: Marijuana Smoking in Public
Post by: FTL_Ian on April 30, 2008, 10:27 AM NHFT
I've always loved that idea.
Title: Re: Marijuana Smoking in Public
Post by: dalebert on April 30, 2008, 11:21 AM NHFT
Quote from: FTL_Ian on April 30, 2008, 10:27 AM NHFT
I've always loved that idea.

2nded. I think the idea is to change people's attitudes with as little cost as possible. If we can change attitudes without going to jail, that's better IMO. That's innovation.
Title: Re: Marijuana Smoking in Public
Post by: Coconut on April 30, 2008, 11:37 AM NHFT
A couple guys we met during copwatch on Friday wanted to sit in the Main Street median smoking tobacco from a bong. Is that arrestable under bongs being "drug paraphernalia"
Title: Re: Marijuana Smoking in Public
Post by: Kat Kanning on April 30, 2008, 03:10 PM NHFT
I doubt it, since you can sell bongs openly in the stores.
Title: Re: Marijuana Smoking in Public
Post by: kola on April 30, 2008, 03:28 PM NHFT
Ian, you should have asked the Keene Kopper how he felt about maryjane decrim in your meeting last night.

btw officer Jacko (yeah I am sure you are wasting tax dollars reading this), I am from Colorado. and its a damn police state here in Denver and Colorado Springs.   

I have lost all respect for newage cops and imo there are not any good honest cops in the cities. And they are enforcing bullshit laws that the violate personal freedoms of common folk. BTW, my uncle is a retired cop and fully agrees with my thoughts. (check out who Jack Lamb is too)

I am sick of hearing gooncops saying "well there ARE some good cops ya know" and "well yeah that was just one bad apple". 

and then the classic "I am just doing my job". 

If cops want respect they have to earn it. Wearing black, a badge, carrying weapons and attempting to enFORCE half assed "laws"  will never earn the respect of the people.

and as far as stating that "cops risk their lives everyday" I recommend you look up what the most dangerous professions really are. Law enforcement aint at the top of the list.

read the constitution and understand it and then think about that oath you took and how you dishonor it.

just one man from Colorado, (feel free to look me up in your spyfile data)
Kola

Title: Re: Marijuana Smoking in Public
Post by: Beth221 on April 30, 2008, 03:32 PM NHFT
i only smoke hand rolled ciggs, and get interesting look from others while walking the dog.  I am always daring them to stop me. 
Title: Re: Marijuana Smoking in Public
Post by: Coconut on April 30, 2008, 03:41 PM NHFT
Quote from: kola on April 30, 2008, 03:28 PM NHFT

and then the classic "I am just doing my job".  

"We're out here for your protection."
Title: Re: Marijuana Smoking in Public
Post by: highline on April 30, 2008, 04:18 PM NHFT
Quote from: Coconut on April 30, 2008, 11:37 AM NHFT
A couple guys we met during copwatch on Friday wanted to sit in the Main Street median smoking tobacco from a bong. Is that arrestable under bongs being "drug paraphernalia"

Absolutely not.

NH's drug paraphernalia law ONLY applies to the sale, transfer, manufacturing, possession with intent to transfer something intended to be used as drug paraphernalia.  If you possessed a "bong" and it contained marijuana residue, that would not be a separate charge. 

RSA 318-B:2 (II)

II. It shall be unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be used or is customarily intended to be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled substance.

Bear in mind though - if you have any amount, even trace amounts of Marijuana, that is a violation of the law.

If you go into any smoke shop you will notice signs that clearly say if you mention illegal drugs you will be forced to leave.  That is because if you talk about using any of their products for anything other than tobacco or some other legal product they would be in violation of RSA 318-B:2 II.

It is illegal for someone under the age of 18 to possess hypodermic needles without a prescription pursuant to RSA 318:52-e.

Control or Possession of Hypodermic or Like Instruments Without Prescription Prohibited for Minors. – No person under 18 years of age shall have under such person's control or possess a hypodermic syringe, hypodermic needle, or any instrument adapted for the administration of drugs by injection, unless the person has received a written or oral prescription issued under RSA 318:52-c. For the purpose of this subdivision, no such prescription shall be valid which has been outstanding for more than one year.
Title: Re: Marijuana Smoking in Public
Post by: Raineyrocks on April 30, 2008, 08:17 PM NHFT
Quote from: highline on April 30, 2008, 04:18 PM NHFT
Quote from: Coconut on April 30, 2008, 11:37 AM NHFT
A couple guys we met during copwatch on Friday wanted to sit in the Main Street median smoking tobacco from a bong. Is that arrestable under bongs being "drug paraphernalia"

Absolutely not.

NH's drug paraphernalia law ONLY applies to the sale, transfer, manufacturing, possession with intent to transfer something intended to be used as drug paraphernalia.  If you possessed a "bong" and it contained marijuana residue, that would not be a separate charge. 

RSA 318-B:2 (II)

II. It shall be unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be used or is customarily intended to be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce into the human body a controlled substance.

Bear in mind though - if you have any amount, even trace amounts of Marijuana, that is a violation of the law.

If you go into any smoke shop you will notice signs that clearly say if you mention illegal drugs you will be forced to leave.  That is because if you talk about using any of their products for anything other than tobacco or some other legal product they would be in violation of RSA 318-B:2 II.

It is illegal for someone under the age of 18 to possess hypodermic needles without a prescription pursuant to RSA 318:52-e.

Control or Possession of Hypodermic or Like Instruments Without Prescription Prohibited for Minors. – No person under 18 years of age shall have under such person's control or possess a hypodermic syringe, hypodermic needle, or any instrument adapted for the administration of drugs by injection, unless the person has received a written or oral prescription issued under RSA 318:52-c. For the purpose of this subdivision, no such prescription shall be valid which has been outstanding for more than one year.

I think the head shops call bongs bubble blowers now, don't they?
Title: Re: Marijuana Smoking in Public
Post by: FTL_Ian on April 30, 2008, 08:29 PM NHFT
"water pipe"
Title: Re: Marijuana Smoking in Public
Post by: K. Darien Freeheart on April 30, 2008, 08:44 PM NHFT
Couldn't you have done this on Sunday. :(

This is one of the few things I think my wife would actually be motivated to do. I LOVE the intermindgled use of tobacco thing - it would make arresting people annoying at the very least and to those who think on it a second would realize there's no REAL difference between smoking of weed and smoking some tobacco.
Title: Re: Marijuana Smoking in Public
Post by: FTL_Ian on April 30, 2008, 08:45 PM NHFT
I think Central Sq. would be a nice location.
Title: Re: Marijuana Smoking in Public
Post by: ReverendRyan on April 30, 2008, 09:03 PM NHFT
I would like to see something, flash mob style, on the lawn of the capitol after the senate lets out from the decrim bill, win or lose.
Title: Re: Marijuana Smoking in Public
Post by: Free libertarian on May 02, 2008, 11:08 AM NHFT
Quote from: Puke on April 30, 2008, 10:16 AM NHFT
What about having people smoke hand rolled tobacco cigs at the same time.
It could throw a wrench in their arrest process.
I don't know, just a thought.
Probably a stupid thought.
I'll stop thinking now.

Not a stupid thought...perhaps you're where many of us are . Let's face it they have us over a barrel. If everyone is smoking pot all that might happen is it will be easier to arrest everybody. I'm not up for being arrested for pot right now, but applaud those who can hack it. It's a hard leap to take, I'm not there yet.
Just make sure that those who are smoking dope, smoke some really skunky smelling wide odor dispersing weed and only have enough with them that they can eat it on a moments notice.  I've often thought one way of illustrating how stupid this illegal pot thing is would be to ask someone to introduce legislation to outlaw cigarettes, alcohol, donuts and maybe even tight underwear...all potentially harmful things, could lead to cancer, obesity and diaper rash.
  Another thing might be to ask those  Senators who vote "no" which studies they used to arrive at their decision and did they get information from both sides of the argument...I'm going to say you probably won't get a good answer there.
   
When does the senate body vote on this? I heard the subcommittee already said "no".   
 
Title: Re: Marijuana Smoking in Public
Post by: kola on May 02, 2008, 12:14 PM NHFT
if ya wanna eat the evidence try the brownies.
Title: Re: Marijuana Smoking in Public
Post by: highline on May 02, 2008, 04:38 PM NHFT
Quote from: Free libertarian on May 02, 2008, 11:08 AM NHFT
Quote from: Puke on April 30, 2008, 10:16 AM NHFT
What about having people smoke hand rolled tobacco cigs at the same time.
It could throw a wrench in their arrest process.
I don't know, just a thought.
Probably a stupid thought.
I'll stop thinking now.
Just make sure that those who are smoking dope, smoke some really skunky smelling wide odor dispersing weed and only have enough with them that they can eat it on a moments notice.
 

I would strongly advise against doing that. Destroying potential evidence in a possibe criminal case is a class b felony - and a lifetime (unconstitutional) gun ban.

Title: Re: Marijuana Smoking in Public
Post by: ReverendRyan on May 02, 2008, 04:40 PM NHFT
My understanding is it's not evidence as far as that law goes until you are at least detained. Otherwise, anyone caught burning weed under it could be charged.
Title: Re: Marijuana Smoking in Public
Post by: highline on May 02, 2008, 04:46 PM NHFT
Quote from: The Right Reverend Doctor Pope Sir Ryan on May 02, 2008, 04:40 PM NHFT
My understanding is it's not evidence as far as that law goes until you are at least detained. Otherwise, anyone caught burning weed under it could be charged.

If you know an investigation or prosecution could ensue and you destroy evidence potentially that could be used against you, as in this theoretical situation.... you would be committing a felony.
Title: Re: Marijuana Smoking in Public
Post by: highline on May 02, 2008, 04:50 PM NHFT
http://www.gencourt.state.nh.us/rsa/html/LXII/641/641-6.htm
Title: Re: Marijuana Smoking in Public
Post by: ReverendRyan on May 02, 2008, 05:00 PM NHFT
"Official proceeding'' means any proceeding before a legislative, judicial, administrative or other governmental body or official authorized by law to take evidence under oath or affirmation including a notary or other person taking evidence in connection with any such proceeding.

So in this case, until you're actively being detained, it's not destroying evidence.
Title: Re: Marijuana Smoking in Public
Post by: dalebert on May 02, 2008, 05:38 PM NHFT
Yeah, definitely eat it. It's a lot harder to prosecute without hard evidence and the total volume they find on you can raise your penalty as well.
Title: Re: Marijuana Smoking in Public
Post by: Beth221 on May 02, 2008, 05:41 PM NHFT
isnt eating it considered "internal possession"?

dont the charge drunk minors for internal possession?
Title: Re: Marijuana Smoking in Public
Post by: kola on May 02, 2008, 05:45 PM NHFT
is highline a cop?

kola
Title: Re: Marijuana Smoking in Public
Post by: AntonLee on May 02, 2008, 05:51 PM NHFT
Quote from: kola on May 02, 2008, 05:45 PM NHFT
is highline a cop?

kola

if it is the cop is getting owned.
Title: Re: Marijuana Smoking in Public
Post by: ReverendRyan on May 02, 2008, 05:51 PM NHFT
Quote from: kola on May 02, 2008, 05:45 PM NHFT
is highline a cop?

kola

Yes, the difference is he's detailing practice and I'm picking apart the letter of the law, not necessarily what they will follow.
Title: Re: Marijuana Smoking in Public
Post by: Beth221 on May 02, 2008, 06:18 PM NHFT
i have met highline, at taproom before, a friend of the free state, and a leap speaker.
Title: Re: Marijuana Smoking in Public
Post by: kola on May 02, 2008, 07:31 PM NHFT
yeah i thought i smelled bacon.

kola
Title: Re: Marijuana Smoking in Public
Post by: highline on May 02, 2008, 08:58 PM NHFT
Quote from: The Right Reverend Doctor Pope Sir Ryan on May 02, 2008, 05:00 PM NHFT
"Official proceeding'' means any proceeding before a legislative, judicial, administrative or other governmental body or official authorized by law to take evidence under oath or affirmation including a notary or other person taking evidence in connection with any such proceeding.

So in this case, until you're actively being detained, it's not destroying evidence.

Official proceeding:

"Official proceeding'' means any proceeding before a legislative, judicial, administrative or other governmental body or official authorized by law to take evidence under oath or affirmation including a notary or other person taking evidence in connection with any such proceeding. (ie: the police)

The law:

A person commits a class B felony if, believing that an official proceeding, as defined in RSA 641:1, II, or investigation is pending or about to be instituted, he:

I. Alters, destroys, conceals or removes any thing with a purpose to impair its verity or availability in such proceeding or investigation; or


If a law enforcement officer is approaching you, and you are smoking something that resembles a Marijuana cigarette, and there is a smell of Marijuana in the air because people around you or possibly even you are smoking it, and then you destroy what you are smoking, this law would apply.

By destroying it upon the approach of the police it is very easy for the state to argue that you knew an investigation is about to be instituted.  Not to mention when they print out this thread and present it at trial.

Again, I strongly advise against doing this......  as I'd rather not see any of you indicted!

Just offering friendly suggestions....  not legal advice.   :o
Title: Re: Marijuana Smoking in Public
Post by: highline on May 02, 2008, 09:21 PM NHFT
Quote from: Sapphire on May 02, 2008, 06:18 PM NHFT
i have met highline, at taproom before, a friend of the free state, and a leap speaker.

Having lived in NH my entire life, I am very grateful for the FSP and welcome everyone to their new home!  (and with enough notice, I would be more than happy to help any of you unpack.....  show you around.....  etc.....)

As Gard said on FTL the other day....  It is like having the calvary arrive to fight against quite a few unjust things that happen at our state house!  >:D
Title: Re: Marijuana Smoking in Public
Post by: kola on May 02, 2008, 10:56 PM NHFT


highline,

how do you feel about enforcing laws where there are no victims and no harm was done?

would you have done the same to Laura Canario(arrested her) when she was walking down the street? Would you have stolen her camera too? 

I'd be interested in your thoughts regarding both questions.

Kola
Title: Re: Marijuana Smoking in Public
Post by: Beth221 on May 02, 2008, 11:10 PM NHFT
Quote from: kola on May 02, 2008, 07:31 PM NHFT
yeah i thought i smelled bacon.

kola

i dont think that is bacon you are smelling   >:D
Title: Re: Marijuana Smoking in Public
Post by: kola on May 02, 2008, 11:16 PM NHFT

Sizzlelean?

GMO baconstuff?

i though he was the officer Ian knows.

Kola
Title: Re: Marijuana Smoking in Public
Post by: highline on May 03, 2008, 06:42 AM NHFT
Quote from: kola on May 02, 2008, 10:56 PM NHFT
how do you feel about enforcing laws where there are no victims and no harm was done?

I think laws which restrict freedom and impose the popular morality on individuals are repressive and need to be repealed.  I dislike very much that aspect of my chosen profession.

Quote
would you have done the same to Laura Canario(arrested her) when she was walking down the street? Would you have stolen her camera too? 

I cannot say...  I do not know the exact circumstances of the situation.  The fact that she was released without charges certainly speaks to the legitimacy of her being arrested in the first place. 

I don't understand why she has not been returned her camera yet.  That makes no sense to me. 

I firmly believe that deleting pictures off of a persons digital camera is a violation of their rights.  It would be conduct governed by the 4th Amendment to the US Constitution and Part I Article 19 of the NH Constitution. 

Quote
I'd be interested in your thoughts regarding both questions.

And now sir, you indeed have them!   :icon_pirat:

Title: Re: Marijuana Smoking in Public
Post by: kola on May 03, 2008, 07:37 AM NHFT
typical and classic bullshit answers. I won't waste anymore of my time.
what a joke.

kola
Title: Re: Marijuana Smoking in Public
Post by: Puke on May 03, 2008, 01:19 PM NHFT
Quote from: kola on May 03, 2008, 07:37 AM NHFT
typical and classic bullshit answers. I won't waste anymore of my time.
what a joke.

Requires more research.
Title: Re: Marijuana Smoking in Public
Post by: Beth221 on May 03, 2008, 01:23 PM NHFT
Quote from: kola on May 02, 2008, 11:16 PM NHFT

Sizzlelean?

GMO baconstuff?

i though he was the officer Ian knows.

Kola
I was implying it was you that stinks. 

yes he is the officer ian knows.
Title: Re: Marijuana Smoking in Public
Post by: kola on May 03, 2008, 01:41 PM NHFT
i just showered.

i still stink?

not good.

kola
Title: Re: Marijuana Smoking in Public
Post by: FTL_Ian on May 06, 2008, 12:03 PM NHFT
Quote from: kola on May 03, 2008, 07:37 AM NHFT
I won't waste anymore of my time.
what a joke.

kola

Good.   Please leave my thread.
Title: Re: Marijuana Smoking in Public
Post by: SamIam on May 06, 2008, 03:54 PM NHFT
Those of you that can stand it, rolling cannabis in one end and tobacco in the other would seem to solve the problem of eating it. Some THC may reside, but it would make things more difficult, increase the burden of proof, and remember It's done this to break a bad law to begin with.
Title: Re: Marijuana Smoking in Public
Post by: Raineyrocks on May 06, 2008, 04:41 PM NHFT
Quote from: SamIam on May 06, 2008, 03:54 PM NHFT
Those of you that can stand it, rolling cannabis in one end and tobacco in the other would seem to solve the problem of eating it. Some THC may reside, but it would make things more difficult, increase the burden of proof, and remember It's done this to break a bad law to begin with.

Do you mean with a cigarette rolling machine?  If you do it works just fine but still smells like heaven not tobacco! :)
Title: Re: Marijuana Smoking in Public
Post by: KBCraig on May 06, 2008, 11:05 PM NHFT
Quote from: SamIam on May 06, 2008, 03:54 PM NHFT
Those of you that can stand it, rolling cannabis in one end and tobacco in the other would seem to solve the problem of eating it. Some THC may reside, but it would make things more difficult, increase the burden of proof, and remember It's done this to break a bad law to begin with.

Do you mean to burn the mj first, then have only tobacco in the roach?

I'm afraid it's still going to test positive for marijuana. All that smoke got filtered through what's left.
Title: Re: Marijuana Smoking in Public
Post by: Raineyrocks on May 07, 2008, 07:02 AM NHFT
Quote from: KBCraig on May 06, 2008, 11:05 PM NHFT
Quote from: SamIam on May 06, 2008, 03:54 PM NHFT
Those of you that can stand it, rolling cannabis in one end and tobacco in the other would seem to solve the problem of eating it. Some THC may reside, but it would make things more difficult, increase the burden of proof, and remember It's done this to break a bad law to begin with.

Do you mean to burn the mj first, then have only tobacco in the roach?

I'm afraid it's still going to test positive for marijuana. All that smoke got filtered through what's left.


Yup, and created resin which will test positive.