magic mushrooms

[mushroom samba]

What is the name of your state? CALIFORNIA

so i was in a parking lot in my car with my friend on mushrooms, cop rolls up checks our car finds about 3 quarters of mushrooms and a scale. i'm being charged for sales, hs11378. this is my first offense and i went to jail for a day. my next court date is in 2 weeks for an arraignment i think. i got out of jail and talked to my friend, he got let go because i claimed everything was mine. the cop had no proof that i was trying to sell. the mushrooms were in big bags not ready to sell (probably 3 bags). but the thing is (according to my friend) i told the cop that i was going to sell. at the time i was ON SHROOMS and i dont even know WHAT i said. so right now i'm getting bottled and taking some drug class. So the one day i ever have a lot of mushrooms and a scale in my car i get caught up. the reason for me having so many mushrooms because this dealer that i know is hard to get a hold of so whenever i could get some i get a lot... and the reason i had a scale is because i wanted to weigh out how much to take. it's not even my scale. the shrooms wasn't ALL mine it was people that gave me money to buy it for them too, i'm afraid to say this because it sounds like sales but it's not. i lost their money. this all happened on friday the 13th of july. this was a one/first time thing and i got caught for it.

so my question is... what the hell is going to happen to me, should i get a public defender, and how much am i going to pay. thank you for reading and HELP

 

[The Occultist]

What is the statute you were charged with? My guess is that Sales and Distribution are the same thing. By your own admission, you will be distributing. But, for the record, a large quantity and a scale will often be enough to convict you of sales.

Yes, get a public defender.

 

[Some Random Guy]

the shrooms wasn't ALL mine it was people that gave me money to buy it for them too,

You admit that you were planning on SELLING the shrooms to others, since you already collected the money and were planning on delivering the product:


11378. Except as otherwise provided in Article 7 (commencing with
Section 4211) of Chapter 9 of Division 2 of the Business and
Professions Code, every person who possesses for sale any controlled
substance which is (1) classified in Schedule III, IV, or V and which
is not a narcotic drug, except subdivision (g) of Section 11056, (2)
specified in subdivision (d) of Section 11054, except paragraphs
(13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3)
specified in paragraph (11) of subdivision (c) of Section 11056, (4)
specified in paragraph (2) or (3) of subdivision (f) of Section
11054, or (5) specified in subdivision (d), (e), or (f), except
paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of
paragraph (2) of subdivision (f), of Section 11055, shall be punished
by imprisonment in the state prison.



11378.5. Except as otherwise provided in Article 7 (commencing with
Section 4211) of Chapter 9 of Division 2 of the Business and
Professions Code, every person who possesses for sale phencyclidine
or any analog or any precursor of phencyclidine which is specified in
paragraph (21), (22), or (23) of subdivision (d) of Section 11054 or
in paragraph (3) of subdivision (e) or in subdivision (f), except
subparagraph (A) of paragraph (1) of subdivision (f), of Section
11055, shall be punished by imprisonment in the state prison for a
period of three, four, or five years.

 

[>Charlotte<]

this dealer that i know is hard to get a hold of so whenever i could get some i get a lot...

this was a one/first time thing and i got caught for it.

 

[FlyingRon]

If being under the influence of the drugs you were selling was a defense, half the distribution charges would have be dismissed.

You are being charged with a serious felony, you need a lawyer (PD or otherwise).

The fact that drugs in your posession "belong to someone else" isn't a defense.

What you see as a facilitating a cooperative purchase in your mind is what sane people call drug dealing.

 

[GulfBreeze]

hmmmm...large amount of shrooms and a scale....doesnt paint a pretty picture. i would guess some sort of sale and distribution was going on too.

it still amazes me that people either directly get involved or indirectly thru association with drugs and then want advice on what to do.

Biggest Advice:

Don't do drugs and don't have friends who do drugs...least don't let them near you if they have any.

 

[CdwJava]

With the three bags, the scales, the amount, and the confession, the presumption will be that they were held for sales. It will be up to your defense to prove they were not ... uh ... that's going to be very difficult.

Sounds like it's time to make a plea deal.

- Carl

 

[mushroom samba]

yeah i know if i was the jury or judge id think i was selling too but is the court understanding of these situations? would you guys beleive my story? i dont even have a cell phone for customers.

and yes i know it sounds like sales but isnt the purpose of selling drugs to MAKE profit. i was simply givin money to buy it for them. again these seem like a bunch of excuses but it's true and friday the 13th really REALLY ****ed me over. you dont know how hard it was going to jail on shrooms.


so am i going to jail? this is my first offense, and im currently getting bottled once a week and taking drug classes... surely they have me doing this **** for a reason. anyone have an estimate of the fine?

thanks for reading

 

[CdwJava]

yeah i know if i was the jury or judge id think i was selling too but is the court understanding of these situations? would you guys beleive my story? i dont even have a cell phone for customers.

I could go in and testify all over the place about how these are indicia of sales and that the amount purchased was too great for personal use, etc. So, no - we won't believe it and neither would a court. However, the court doesn't have to believe it - the key would be if you could convince a jury that it was for personal use.

and yes i know it sounds like sales but isnt the purpose of selling drugs to MAKE profit. i was simply givin money to buy it for them.

Same offense. If money is transferred, and you were compensated for the purchase - even as the middle man, you can be charged for sales. It's not about "profit" it is about the compensated transfer of drugs.

you dont know how hard it was going to jail on shrooms.

Sorry if we don't have a great deal of sympathy. You made that call.

so am i going to jail? this is my first offense, and im currently getting bottled once a week and taking drug classes... surely they have me doing this **** for a reason. anyone have an estimate of the fine?

Chances are you can get a plea to a lesser offense that will include counseling or a deferred entry of judgment provided you successfully complete a program. It is likely you can move past this with an attorney's help.

Consult local counsel ASAP.

Oh, and stay away from dope and dopers unless you want to play in jail again.

- Carl

 

[GulfBreeze]

yeah i know if i was the jury or judge id think i was selling too but is the court understanding of these situations? would you guys beleive my story? i dont even have a cell phone for customers.

and yes i know it sounds like sales but isnt the purpose of selling drugs to MAKE profit. i was simply givin money to buy it for them. again these seem like a bunch of excuses but it's true and friday the 13th really REALLY ****ed me over. you dont know how hard it was going to jail on shrooms.


so am i going to jail? this is my first offense, and im currently getting bottled once a week and taking drug classes... surely they have me doing this **** for a reason. anyone have an estimate of the fine?

thanks for reading

are you presently, at this very moment on mushrooms?

you can't be serious. you sound like an immature kid wanting to know what the big deal about a few shrooms are and that since you didnt have a cell phone, you couldnt have possibly be selling. that and the stuff about friday the 13th in jail? grow up! accept responsibility and quit whining

 

[>Charlotte<]

and yes i know it sounds like sales but isnt the purpose of selling drugs to MAKE profit.

Doesn't mean you're not a dealer, just means you're not a very good dealer.

 

[mushroom samba]

ok so thanks for listening to my story. just wanted feed back and thanks for the advice. i guess thats all it takes to be a criminal. and yeah i'm 20 i'm the average american that wakes up eats goes to school ,work after, come home do homework go to sleep and repeat everything over again. and yeah i smoke weed and do shrooms for a little fun and i guess that makes me a criminal. i dont mean no harm but i guess thats our justice system huh?




zeitgeistmovie.com

 

[Shay-Pari'e]

ok so thanks for listening to my story. just wanted feed back and thanks for the advice. i guess thats all it takes to be a criminal. and yeah i'm 20 i'm the average american that wakes up eats goes to school ,work after, come home do homework go to sleep and repeat everything over again. and yeah i smoke weed and do shrooms for a little fun and i guess that makes me a criminal. i dont mean no harm but i guess thats our justice system huh?

Sorry, but you are not the average American. Keep going to school, you really need it, especially English 101.

zeitgeistmovie.com

What is up with that? are we supposed to click on your crap?

 

[CdwJava]

There ARE other, better, and legal ways to have fun. If you have not learned anything by this event then you can expect many more encounters with the justice system.

- Carl

 

[mushroom samba]

whoa... shay parie... sorry if i offended you...?? was my grammar that bad?? next time i'll try caring.


just thought id share an interesting controversial movie.