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First time possession of weed & paraphanalia, & intent to sell

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kangaruhe08

Junior Member
What is the name of your state (only U.S. law)? CT

Last night in Madison,CT i was pulled over because of a loud muffler there was a hole in it and for a license plate screwed in with one screw. THe cop, Sergent Fox, claimed he smelled marijuana even though we had smoked in the car about 2 hours before but there was clearly no evidence of a scent since we had gone through 2 packs of gigs on the way up with the windows up. He then told me to get out of the car and he searched me and found nothing. he told me to open my broken glove box and i fonally got it popped open and inside was about less than 2 grams of weed, a scale, half a blunt, a bowl, some dutch master cigars, and my work knife which was legal. He also found a tab of acid which wasnt mine and i had no clue where it came from since i have never and d0nt intend to try that stuff. He said he didnt charge me with it but it is on the list of possessions seized from me. He charged me with:
21a-267
21a-279c
21a-277b

I have no clue if i was charged with it or not and was wondering if i could get some details abou the type of charges i got and what could posibly happen. since it is my first offense will i be facing jail time or some sort of probation with a lot of fines?
 
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wtf_crime

Junior Member
I'm sorry but 2 hours is not long enough for the smell to be gone. Especially if you're regularly smoking in your car.
 

outonbail

Senior Member
Here are the actual statutes you've posted. the 2/a is actually 21a and I believe the 21a-2790 is supposed to be 21a-279C as this would cover the marijuana. As you will read, you are being charged for the LSD and these charges are serious. I have bolded the print you need to be concerned with. Bottom line, you need an attorney now!

21a-267(a) No person shall use or possess with intent to use drug paraphernalia, as defined in subdivision (20) of section 21a-240, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal, or to ingest, inhale or otherwise introduce into the human body, any controlled substance as defined in subdivision (9) of section 21a-240. Any person who violates any provision of this subsection shall be guilty of a class C misdemeanor.


21a-277. (Formerly Sec. 19-480). Penalty for illegal manufacture, distribution, sale, prescription, dispensing. (a) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with the intent to sell or dispense, possesses with the intent to sell or dispense, offers, gives or administers to another person any controlled substance which is a hallucinogenic substance other than marijuana, or a narcotic substance, except as authorized in this chapter, for a first offense, shall be imprisoned not more than fifteen years and may be fined not more than fifty thousand dollars or be both fined and imprisoned; and for a second offense shall be imprisoned not more than thirty years and may be fined not more than one hundred thousand dollars, or be both fined and imprisoned; and for each subsequent offense, shall be imprisoned not more than thirty years and may be fined not more than two hundred fifty thousand dollars, or be both fined and imprisoned.

21-279 (c) Any person who possesses or has under his control any quantity of any controlled substance other than a narcotic substance, or a hallucinogenic substance other than marijuana or who possesses or has under his control less than four ounces of a cannabis-type substance, except as authorized in this chapter, for a first offense, may be fined not more than one thousand dollars or be imprisoned not more than one year, or be both fined and imprisoned; and for a subsequent offense, may be fined not more than three thousand dollars or be imprisoned not more than five years, or be both fined and imprisoned.
 

outonbail

Senior Member
Trying to decipher the actual statutes from the information you've posted, I may have posted the wrong section of the 21a-277. Since you posted 277(6) I'm assuming you meant 277(b) so here is section (b):
21a-277(b) (b) Any person who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with intent to sell or dispense, possesses with intent to sell or dispense, offers, gives or administers to another person any controlled substance, except a narcotic substance, or a hallucinogenic substance other than marijuana, except as authorized in this chapter, may, for the first offense, be fined not more than twenty-five thousand dollars or be imprisoned not more than seven years or be both fined and imprisoned; and, for each subsequent offense, may be fined not more than one hundred thousand dollars or be imprisoned not more than fifteen years, or be both fined and imprisoned.

Which means he may be charging you with transporting the marijuana and not with the LSD. However, you still need an attorney as these are very serious charges with the potential for serving a considerable amount of jail time.
 
Man you must be lucky as hell, if the let the most serious charge go!!! An old acquaintance of mine, and his wife did 7 years for first time possession of acid here in Ohio. Thats what the sentence was anyway they got paroled after four years if my memory serves me correctly. I find it amazing though that he isn't charging you with that but is charging you with intent to distribute just because you had a scale with such a small amount of marijuana ( though technically he has you on that too), even though you probably just use it to make sure you're getting what you pay for.

Way back in the day, before I had kids, and was just a lad myself. I got pulled over by this small town cop in a one horse town. He decided that he was going to do a vehicle search, and I honestly thought there was nothing in it so I was pretty calm about it . Well he went through the common places one would hide a stash and found nothing, then he proceeds to get on his knees and starts running his finger tips through the carpet and find this tiny little crumb. It looked like it could be a very minute amount and after he dropped it in his field tester turned out it was. Then he goes to the bed of my truck where I had fishing poles and a tackle box. Inside the tackle box he found a fish scale that weighed in pound units mind you, and charges me with trafficking.

The Grand Jury refused to indite me on the felony trafficking case and there was even chuckles in the court room when the facts where given. My case was then turned over to the county for misdemeanor proceedings, and really all I got was a slap on the wrist for it.

Anyway just thought I would tell one of my many marijuana related misadventures, though it did wake me up really quick and was one of the things that made me quit...


BTW, 2 packs of ciggs in 2 hours??? :eek:
 
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