Cannabis Possession

CharlieC123

I have recently been caught with a small amount of Cannabis ( 2 grams of Weed) by the gardai last week. I was in the car with two others ,one who had a larger amount who also had a scales and grinder. I have a clean record and not been in trouble with the gardai before. The Gard mentioned that a court summons could be sent out. Any feedback on what would generally happen going forward would be greatly appreciated.

deadybai

I have a friend who got caught with a 50 bag about a year and a half ago now. He went to court about two months ago and just got a fine of 500 euro and it went on his criminal record. Which was clean like yours.

LowKeyReturn

Have you engaged a solicitor? If not do so now.

CharlieC123

Thanks for reply, I was thinking of engaging a solicitor but also thought the cost of employing a Solicitor for this would be a high regrading the amount I was caught with was a €25 bag, also I thought if you dont hear anything back within three months the case would most not likely go ahead, only hear say.

johnnyskeleton

CharlieC123 wrote: »

Thanks for reply, I was thinking of engaging a solicitor but also thought the cost of employing a Solicitor for this would be a high regrading the amount I was caught with was a €25 bag, also I thought if you dont hear anything back within three months the case would most not likely go ahead, only hear say.

That's not true. You can wait until there is a summons and then seek to engage a solicitor. You may, depending on your circumstances, be entitled to legal aid.

hullaballoo

Definitely engage a solicitor, these charges can be very serious. Even with small amounts of drugs, you can end up with all sorts of complications for your future. It's imperative that you get proper legal advice when you're up for serious charges and possession of drugs is a serious charge. (Not serious in the statutory way, but serious for punters punting about.)

CharlieC123

Thanks for advice. I don't smoke very much and am very much a recreational user. I have now stopped all together because it obviously isnt worth it.

I have worked hard the last number of years and have received a degree from college. I think it is ridiculous that people can gain a criminal record for something like this.Drugs are everywhere and the way authoritys deal with this is simply not effective. Especially something like weed which is often popularised in the media and seen as harmless(small amounts) I know its been said a thousand times but something needs to be done.

LowKeyReturn

CharlieC123 wrote: »

Thanks for advice. I don't smoke very much and am very much a recreational user. I have now stopped all together because it obviously isnt worth it.

I have worked hard the last number of years and have received a degree from college. I think it is ridiculous that people can gain a criminal record for something like this.Drugs are everywhere and the way authoritys deal with this is simply not effective. Especially something like weed which is often popularised in the media and seen as harmless(small amounts) I know its been said a thousand times but something needs to be done.

While one may agree or disagree with your assertions that facts are that you are now in a situation where you need to interact in the best possible way with the CJS. This will be best accomplished through a solicitor. Its not simply a function of mathematics.

While I have my own opinions on drugs, essentially what one chooses to do to one's self is entirely their own business, I'd take a very dim view of people caught with it in a car or with scales. While you might not drive under the influence of drugs, others do with horrific consequences for other innocent parties.

Why not simply keep your recreational activities to the privacy of your own home? Surely a good dealer is at least as efficient as Dominos Pizza in delivering?

Sorry to pour on the scorn but you opened the door.

Corkbah

CharlieC123 wrote: »

Thanks for advice. I don't smoke very much and am very much a recreational user. I have now stopped all together because it obviously isnt worth it.

how do you prove that to the court and even if you do...recreational use is still illegal.... the court will be presented with two guys caught in possession of X amount of drugs, weighing scales and other drug paraphernalia used in the dealing of drugs - that doesn't amount to recreational usage - thats dealing !!

so its likely that possession and possession with intent to supply could be the charges.... more than likely ...District Court appearance.

CharlieC123 wrote: »

I have worked hard the last number of years and have received a degree from college. I think it is ridiculous that people can gain a criminal record for something like this.Drugs are everywhere and the way authoritys deal with this is simply not effective. Especially something like weed which is often popularised in the media and seen as harmless(small amounts) I know its been said a thousand times but something needs to be done.

like what ... breaking the law ? .... if caught then people that break the law should get a criminal record ..... do you think someone who rapes another person should be let off because they dont have a criminal record or they have a college degree and are a good member of society .... breaking the law is breaking the law - while the vast majority of people break the law on a daily basis ... if and when caught... put the hand up and accept punishment !!

Paying a solicitor can be the difference between having a criminal conviction and not having a criminal conviction .... how much do you value having a criminal conviction ? .... wait until summons is issued and then goto a solicitor (preferably one with local district court experience)

CharlieC123

No feedback is appreciated and don't feel you've pour on the scorn, Yes I would generally keep my recreational activities to the privacy of my home.

But sometimes as this in case would take a spin in the car due to the boredom of being in my house all day , the person with the scales etc, was driving the car and I was in the back seat, also I was drunk. I agree that driving under the influence can have horrific consequences for innocent parties. But I think people should feel the law is there to help them and receiving a punishment and a record does not help someone progress, if anything it holds them back. I feel people generally are a afraid of the law, Gardai etc , who seem to take a very black and white view on this especially in this day and age.

Plus the more people Judge someone who has been involved with Drugs instead of helping the situation only allows the problem to flourish.

LowKeyReturn

CharlieC123 wrote: »

No feedback is appreciated and don't feel you've pour on the scorn, Yes I would generally keep my recreational activities to the privacy of my home.

But sometimes as this in case would take a spin in the car due to the boredom of being in my house all day , the person with the scales etc, was driving the car and I was in the back seat, also I was drunk. I agree that driving under the influence can have horrific consequences for innocent parties. But I think people should feel the law is there to help them and receiving a punishment and a record does not help someone progress, if anything it holds them back. I feel people generally are a afraid of the law, Gardai etc , who seem to take a very black and white view on this especially in this day and age.

Plus the more people Judge someone who has been involved with Drugs instead of helping the situation only allows the problem to flourish.

Your position seems contradictory. Why are drugs a problem? They're not, especially softer drugs like cannabis. The problem is personal responsibility. The law is there to help people, it's there to make sure the general public is protected against people that would do all manner of things including driving under the influence.

While I agree spent convictions legislation is needed, bear in mind that a conviction only becomes spent after a period of time. I sincerely hope the probation act is applied and you get off with a donation and a telling off. If the judge, given the facts, find otherwise and imposes a sanction that includes a criminal record then that is a valid part of the punishment. Should it follow you for life, no - a few years though isn't going to cause me to rail against the injustice.

Just my 2 cents.

CharlieC123

Good Stuff, I agree if caught hold your hand up.

I think using an example of Rape in this case is a bit extreme. It was a small amount of cannabis , if it was Rape I dont think I would be looking for advice on this Forum. Im not looking to prove to the court that Im a recreational user , just feeling the Law can be unfair in situations such as this.

MiskyBoyy

Using rape which is a violent crime as an example to compare to a bit of cannabis is ridiculous.

It's just like the prohibition era of America, so what, drinking a beer is the same as raping a woman then too in your book I presume?

LowKeyReturn

CharlieC123 wrote: »

Good Stuff, I agree if caught hold your hand up

I'm not suggesting that at all . If caught, say nothing, speak to a solicitor and fight every step of the way until advised not to by a qualified legal professional. It's an adversarial system and the guards have their job to do, and do it rather well. You've your interests to protect and a small army of underemployed legal professionals to chose from.

Corkbah

DaLad wrote: »

Using rape which is a violent crime as an example to compare to a bit of cannabis is ridiculous.

It's just like the prohibition era of America, so what, drinking a beer is the same as raping a woman then too in your book I presume?

firstly ... the amount of the drug is immaterial ... usage and possession of drugs like cannabis is illegal and I understand there are thousands of people probably off their heads on some kind of drug in some other part of this country ...the use of the example was in response to the OP essentially saying it was a first time offence and small amount and shouldn't be punished for first offence etc etc and I used the example to say that regardless of first time offence ...its still breaking the law, and if you break the law (and get caught) ...you take whatever punishment is given....I was not saying the two are the same crime, but both are illegal !

one of the issues we have in this country is the cute hoorism .... trying to belittle the laws of the state..... facts of the matter are the OP was drunk, in possession of drugs, his buddy, driver of the vehicle was in possession of drugs and weighing scales - which indicates/implies a level of dealing and not simple personal usage.

best thing the OP can do it wait for the summons and then goto a solicitor (in my opinion no point in going to a solicitor until the summons as it will simply mean higher fees to pay - of course, the OP could go and get a consultation and see what advice is offered and get an estimate on prices involved)

CharlieC123

LowKeyReturn wrote: »

I'm not suggesting that at all . If caught, say nothing, speak to a solicitor and fight every step of the way until advised not to by a qualified legal professional. It's an adversarial system and the guards have their job to do, and do it rather well. You've your interests to protect and a small army of underemployed legal professionals to chose from.

But the Guard does know it was mine as I admitted it at the time of being caught.

LowKeyReturn

CharlieC123 wrote: »

But the Guard does know it was mine as I admitted it at the time of being caught.

Yes well this sort of makes my point about say nothing and speak to a solicitor. Others disagree and say wait for the summons, they probably have more experience than I. Personally after a brush with the Fife constabulary after a night out would always go with keeping quiet.

Nothing I've said should be construed as anything but the ramblings of the uninformed.

Best of luck OP

deadybai

hey what happened your two friends?

downonthefarm

http://www.youtube.com/watch?v=8rGyqDkqSXI&list=PLB06FAF0BEBF469A6

Pat Mustard

downonthefarm wrote: »

http://www.youtube.com/watch?v=8rGyqDkqSXI&list=PLB06FAF0BEBF469A6

Down with this sort of thing.

downonthefarm

The Mustard wrote: »

Down with this sort of thing.

carefull now

meathstevie

Spare us that freeman drivel please, do you honestly think that a district court judge will take it serious for one nanosecond ?

The fact of the matter is extremely simple, a person is suspected of having committed an offence and there appears quite some substance to the suspicion hence a prosecution is brought before the appropriate court. It is in the court's power to require the suspect to be there for the proceedings and it's often in the suspect's own interest to be there as the court proceedings are the suspect's opportunity to try and influence the court's decission.

Such a shame to see time, money and resources wasted on possession of a little weed.

meathstevie

I wouldn't call, and granted the OP stated it was a friend and not himself, possession of canabis in combination with a grinder and scales "a little weed".

To anyone with a bit of knowledge and experience those are the tools of a dealer, be it smalltime or not, and that's what feeds and maintains serious organised crime and is ultimately responsible for a lot of violence and misery in society.

I reckon it's more than time that people who engage in so called recreational drug use woke up and had a bit of a think on how they were able to buy their bit of fun because ultimately it all comes down to caracters who will not hesitate to use serious violence including murder and torture to run their criminal operations.

Zambia

meathstevie wrote: »

.
To anyone with a bit of knowledge and experience those are the tools of a dealer, be it small time or not, and that's what feeds and maintains serious organised crime and is ultimately responsible for a lot of violence and misery in society.

I reckon it's more than time that people who engage in so called recreational drug use woke up and had a bit of a think on how they were able to buy their bit of fun because ultimately it all comes down to characters who will not hesitate to use serious violence including murder and torture to run their criminal operations.

I am sure someone will come along and tell you the only reason they are criminal gangs is because the product itself is illegal.

So once we have legalised cannabis, maybe we can advance to making all robberies into some sort of civil debt process.

Because then it could be monitored like.

MadsL

meathstevie wrote: »

I wouldn't call, and granted the OP stated it was a friend and not himself, possession of canabis in combination with a grinder and scales "a little weed".

To anyone with a bit of knowledge and experience those are the tools of a dealer, be it smalltime or not, and that's what feeds and maintains serious organised crime and is ultimately responsible for a lot of violence and misery in society.

I reckon it's more than time that people who engage in so called recreational drug use woke up and had a bit of a think on how they were able to buy their bit of fun because ultimately it all comes down to caracters who will not hesitate to use serious violence including murder and torture to run their criminal operations.

Great argument you just made for legalisation.

MadsL

Zambia wrote: »

I am sure someone will come along and tell you the only reason they are criminal gangs is because the product itself is illegal.

Yep, that would be me.

So once we have legalised cannabis, maybe we can advance to making all robberies into some sort of civil debt process.

Because then it could be monitored like.

Because those two things are exactly the same.