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Marijuana Smoking in Public

Started by FTL_Ian, April 30, 2008, 10:14 AM NHFT

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Free libertarian

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".   
 

kola

if ya wanna eat the evidence try the brownies.

highline

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.


ReverendRyan

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.

highline

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.


ReverendRyan

"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.

dalebert

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.

Beth221

isnt eating it considered "internal possession"?

dont the charge drunk minors for internal possession?

kola


AntonLee


ReverendRyan

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.

Beth221

i have met highline, at taproom before, a friend of the free state, and a leap speaker.

kola

yeah i thought i smelled bacon.

kola

highline

#29
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