Smoking pot: misdemeanor. Eating it: felony!

[KBCraig]

Word to the wise, if you find yourself about to be pulled over with blown pupils.

And a reminder: pot can cause cotton mouth. Always have a drink handy to wash it down. 

http://www.unionleader.com/article.aspx?headline=Police%3a+Potty+mouth+undid+him&articleId=236bae32-c6ec-41cc-b9c6-fcfd4456aa00

Police: Potty mouth undid him

By MIKE KALIL
Union Leader Correspondent

DERRY ? Police say a man tried to hide his marijuana stash by eating it when he was pulled over Monday night.

"He coughed," Derry Police Capt. Vernon Thomas said yesterday of Gregory Williams, 22, of Derry. "And, as he was coughing, it was coming out of his mouth."

Officer Christopher Talbot was on East Broadway just after 9 p.m. when he saw a car with a headlight out. Talbot stopped at a gas station, allowing the car to travel around the rotary and onto East Derry Road before signaling it to stop.

Williams turned right onto Thorton Street and then made a left onto Kingsbury Street, eventually stopping in a driveway, police said.

Talbot in his report said that when he talked to Williams he noticed he had glassy and bloodshot eyes and that his pupils were dilated. Police said a strong smell of marijuana was coming from Williams' car. When Talbot asked Williams to get out of the car, police said, he refused, saying he didn't do anything illegal.

Talbot and Sgt. Peter Morelli then attempted to arrest Williams, but he resisted, according to court papers. While handcuffing Williams, police said, Talbot smelled marijuana coming from his mouth and saw what looked like some in his mouth.

When Williams refused to spit it out, the officers tried to force it out, according to court papers. He coughed and it fell to the ground.

Police also said they found a small amount of marijuana wrapped in a plastic sandwich bag between the driver's seat and the middle console, police said.

Williams, of 13R Phillip Road, faces charges of falsifying physical evidence, possession of marijuana, transportation of a controlled drug, resisting arrest and disobeying a police officer. He was held over night on $5,000 cash bail and released yesterday on personal recognizance bail after his arraignment in Derry District Court. He is scheduled to appear in court again on Feb. 15, Thomas said.

Falsifying physical evidence is a class B felony. The other four charges Williams faces are misdemeanors.

[Raineyrocks]

Falsifying physical evidence is a class B felony. The other four charges Williams faces are misdemeanors.

This is a very good thing to know, thanks!  Poor guy!

[Lloyd Danforth]

"Here! Eat these Reds, man!"

[aries]

best falsify the evidence before you get caught with it

[error]

I don't get which part of it they consider falsifying physical evidence.

[money dollars]

RTFL

641:6 Falsifying Physical Evidence. ? 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
    II. Makes, presents or uses any thing which he knows to be false with a purpose to deceive a public servant who is or may be engaged in such proceeding or investigation.

Source. 1971, 518:1, eff. Nov. 1, 1973.

[error]

So, not eating marijuana, but eating marijuana in front of a cop? That's ridiculous.

[mraaron]

When Talbot asked Williams to get out of the car, police said, he refused, saying he didn't do anything illegal.

      Gee...that sounds dangerous.   Anybody have stats on vehicle accidents involving marijuana use in Derry?
He has a court date after valentines day.   Another violent criminal off the street? ???     

[Spencer]

That is going to be a hard case for the State to prove because they will need to show that he knew that an "official proceeding" was about to commence.

For purposes of the statute under which this guy is charged, the term "official proceeding" is defined at RSA 641:1(II) as follows:

II. "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.

As far as I know, the officer doesn't have the authority to take evidence under oath, and it would be pure speculation to believe that an official proceeding was about to commence -- let's just hope he didn't make any statments to the police about the incident.

[maineiac]

  ???

I'm going to do a oneie for this guy right now!!

[ny2nh]

Better word to the wise.....don't drive under the influence....period.

With the decrim legislation in the works, a story like this one only gives those who wish to keep marijuana illegal a timely case to say that "see, marijuana users are irresponsible law-breakers". That should be the last thing you all should want.

Instead, this could be a perfect time for someone to point out that if regulated, the same would apply here as to if someone had been drinking and driving. The average person needs to be shown that marijuana can be used responsibly - the same way alchohol can be consumed responsibly. As long as that average person percieves that marijuana users are all the epitomy of a pothead to them, the more resistance there will be to decriminalizing it.

It might not be right, it might not be the way it should be.....but it's reality.

[money dollars]

Better word to the wise.....don't drive under the influence....period.

or with drugs in your vehicle.

Instead, this could be a perfect time for someone to point out that if regulated, the same would apply here as to if someone had been drinking and driving.

DUI applies to pot today.

    265:82 Driving Under Influence of Drugs or Liquor; Driving With Excess Alcohol Concentration. ?
    I. No person shall drive or attempt to drive a vehicle upon any way:
       (a) While such person is under the influence of intoxicating liquor or any controlled drug or any combination of intoxicating liquor and controlled drugs; or
       (b) While such person has an alcohol concentration of 0.08 or more or in the case of a person under the age of 21, 0.02 or more.

[aries]

eating it in front of a cop who considers it evidence and grounds for arrest, I guess

[Braddogg]

By MIKE KALIL
Union Leader Correspondent

[. . .]

When Williams refused to spit it out, the officers tried to force it out, according to court papers. He coughed and it fell to the ground.

That's ominous.

[David]

I thought so too.  I figured something like the heimlick manuever or something like it to get him to caugh up.