Legality question.

[helpquickplz]

A friend of mine ordered a hydroponic grow cabinet off the internet shipped labeled as a bonsai tree growing kit. When she picked it up at Fed Ex there was writing on the delivery papers that said that the local and nearby university police had been notified and had the date by it and her name was circled and said logged and the date by it. Would the police's knowledge of her possession of this legally purchased item be grounds for them to obtain a search warrant? Or what exactly can they do with it?

 

[PhlawedPharmacy]

The shipping scheme failed and the sender is obviously flagged. At minimum you risk conspiracy to manufacture. The question now is whether it was reasonable to think you were getting a bonsai grow kit from this company. My guess is no since the ad probably only offers the grow kits 'discreetly shipped' or some such nonsense. Unless they have some other ad somewhere else offering genuine bonsai kits you should probably send it back, or start growing a bonsai tree in it.

 

[helpquickplz]

at a minimum? So no matter what you think they will take action based on this knowledge?

 

[PhlawedPharmacy]

Well it's like this, most people who get busted never even know they are on the radar. It seems to me that you should take what you now know as valuable information and not push it.

It's up to a judge to issue a warrant and you can't predict. A cop could do a "knock and talk" and find some reason to enter anyway, and if you DO actually live in a dorm or some form of state property or state sponsored property you can assume the risk of search approaches 100%.

No matter what, the worse thing you could do is start growing actual weed in there, it's just an irresponsible risk on top of the usual reasons not to.

At the end of the day, they still have to prove that it was the reason you bought it against whatever you say, but using it and giving them the proof you're on your own. Last, even having it can be considered paraphanelia, and I have a feeling they would find at least something else around there that would complete the picture.

 

[helpquickplz]

She's been working all day to ensure that there is nothing else around to give them reason to suspect weed growth. She lives in a town home that she rents. She considered getting tomato seeds or something of the sort or a bonsai tree to have next to the cabinet. She sent an email to the supplier of it and told them that she had legal trouble with just having it and was requesting to send it back, to which she has not received a reply. Other than cleaning the town home to ensure nothing else is there, what would you recommend she do?

 

[PhlawedPharmacy]

What to do? The only sensible advice anyone can responsibly give you is as long as you're not breaking laws there's little to worry about.

Practically, what this incident means is that your peace of mind is going to be shot for a while no matter what. It is very unlikely swat is going to intrude at 3am. If anything, someone may come by to ask some questions, in which case active odors would be the primary concern. The other problem is the goverment isn't the quickest thing around and it could take a month or more for that to happen. By then you'll feel you have some distance between you and this event and will probably ease up and lower your defenses. This is reality.

As far as the kit, lots of things are grown hydroponically and its not unreasonable to think even a kit designed to grow something else wouldn't be great for vegetables as well leading you to check into a site advertising it one way or the other. It's the actual use that matters. So keep it and grow tomatoes or give it away or whatever works for you, just don't grow anything illegal.

If a detective dropped by and there were no smells, no drugs in view, and tomatoes growing in the kit, that would likely be the end of it. Just my thoughts. Best of luck.

 

[helpquickplz]

Thank you for all your help. Just one more thing to lessen the disturbed peace of mind a tiny bit. Should this detective stop by in a month: a) What would happen if she just never answered the door to let him in and b) would the detective (should she open the door) be able to demand to see the kit in operation with a legal item growing in it? What would he/she do if the kit was still in the box it came in just sitting there? Thanks in advance, once again.

 

[Peligroso27]

What would happen if she just never answered the door to let him in?
I imagine he would come back repeatedly or get a search warrant.

Would the detective (should she open the door) be able to demand to see the kit in operation with a legal item growing in it?
That would not be an unreasonable request.


What would he/she do if the kit was still in the box it came in just sitting there?
He/she would think that you have not started your little operation yet.

My advice, throw the damn thing away. Has it not caused you enough problems already?