Possession of Cannabis and Visas.

Peter8

Hello,

I have been racking my brains about this for a few weeks now but can't seem to find an answer anywhere online so I decided to make this post.

5 months ago when I was 18 a friend and I were caught by the guards while we were in my car with 1g of cannabis each on us. A few weeks ago my friend received a summons from a guard in person and was told that his friend (me) would get one too. I wish to work as at sea in the commercial shipping industry in a few years which will require me to travel. Does anyone have any knowledge on how a conviction for this amount of cannabis will affect my chances of ever being able to work at sea?

thank you.

Superdedupity

Is it a first offence?

Santa Cruz

Peter8 wrote: »

Hello,

I have been racking my brains about this for a few weeks now but can't seem to find an answer anywhere online so I decided to make this post.

5 months ago when I was 18 a friend and I were caught by the guards while we were in my car with 1g of cannabis each on us. A few weeks ago my friend received a summons from a guard in person and was told that his friend (me) would get one too. I wish to work as at sea in the commercial shipping industry in a few years which will require me to travel. Does anyone have any knowledge on how a conviction for this amount of cannabis will affect my chances of ever being able to work at sea?

thank you.

This is a small amount of cannabis but you could still end up with a conviction that could cause problems down the line. I suggest that you make immediate contact with the Garda and maybe there is a possibility of getting a adult caution. If the Garda is not approachable get a solicitor to write to the Superintendent and see if anything can be sorted. I dont think the Misuse of Drugs Act was designed to ruin peoples lives by severe use of same. The DPP can decide not to prosecute in the interests of justice

BillyBoy13

Im not sure how it will affect your regular job prospects, but it could definitely ruin your chances for traveling. Which, I suppose if you are wanting to work in shipping probably would be an issue. I say this an employer who just recently wrote a character reference for an employee who's appealing to get but has a conviction for possession of 3 ecstasy tablets from years back when he was a teenager at a music festival.

Peter8

Santa Cruz wrote: »

This is a small amount of cannabis but you could still end up with a conviction that could cause problems down the line. I suggest that you make immediate contact with the Garda and maybe there is a possibility of getting a adult caution. If the Garda is not approachable get a solicitor to write to the Superintendent and see if anything can be sorted. I dont think the Misuse of Drugs Act was designed to ruin peoples lives by severe use of same. The DPP can decide not to prosecute in the interests of justice

Thanks for the advice, I will contact the garda asap. I will follow up shortly and yes it is my first offence.

jimb43

My cousin in the uk had a similar thing, and he landed at jfk to go and see "Faithless" in New york they refused him entry. its a elfin bollox how some people see it , gets my goat up !!!! Alcholhol is the worst drug on gods green earth, but thats ok HYPOCRITES kills millions of people worldwide but coz it generates so much revenue for the world govt s that makes it ok. SHAME on you all !!!!

And shame on that gard for nicking ya

No Pants

jimb43 wrote: »

My cousin in the uk had a similar thing, and he landed at jfk to go and see "Faithless" in New york they refused him entry. its a elfin bollox how some people see it , gets my goat up !!!! Alcholhol is the worst drug on gods green earth, but thats ok HYPOCRITES kills millions of people worldwide but coz it generates so much revenue for the world govt s that makes it ok. SHAME on you all !!!!

And shame on that gard for nicking ya

Your post is nonsense. Shame on that guard for nicking someone committing a crime indeed.

mfergus

Santa Cruz wrote: »

This is a small amount of cannabis but you could still end up with a conviction that could cause problems down the line. I suggest that you make immediate contact with the Garda and maybe there is a possibility of getting a adult caution. If the Garda is not approachable get a solicitor to write to the Superintendent and see if anything can be sorted. I dont think the Misuse of Drugs Act was designed to ruin peoples lives by severe use of same. The DPP can decide not to prosecute in the interests of justice

Section 3 of the misuse of drugs act isn't on the schedule for adult caution.

The dpp doesn't decide on prosecuting for that offence. The decision is left with the Superintendent....

Arthur Beesley

jimb43 wrote: »

My cousin in the uk had a similar thing, and he landed at jfk to go and see "Faithless" in New york they refused him entry. its a elfin bollox how some people see it , gets my goat up !!!! Alcholhol is the worst drug on gods green earth, but thats ok HYPOCRITES kills millions of people worldwide but coz it generates so much revenue for the world govt s that makes it ok. SHAME on you all !!!!

And shame on that gard for nicking ya

Are you on the drugs or something?

drunkmonkey

No Pants wrote: »

Your post is nonsense. Shame on that guard for nicking someone committing a crime indeed.

Garda needs a talking to, that's a nonsense charge, the only crime here is the waste of the tax payers money.

Op will get a little slap on the wrists if even.
I'm surprised a Garda is even allowed take it that far over 1g.

Zambia

In the law against cannabis no minimum weight is mentioned.

the Garda didn't write the legislation.

downonthefarm

No Pants wrote: »

Your post is nonsense. Shame on that guard for nicking someone committing a crime indeed.

Yeah because all that paperwork and cost to bring them to court for a g of weed is doing the public a service

yawhat!

You will more than likely get the Probation act as its a first offense and was only 1 gram. The Solicitor will tell you to bring 400 or 500 euro with you to the court and ask the judge for the probabtion act and you give to the guard who will donate it to charity and you get no criminal record
You will more than likely not get a criminal record as it is just a first offense.

No Pants

drunkmonkey wrote: »

Garda needs a talking to, that's a nonsense charge, the only crime here is the waste of the tax payers money.

Okay, so what value threshold would you set for enforcing the law?

drunkmonkey

No Pants wrote: »

Okay, so what value threshold would you set for enforcing the law?

The laws a complete numpty when it comes to plants.
Do you think it's acceptable punishment to hamper op's future over 1g of herb? The Garda should be ashamed of himself in this case.

yawhat!

jimb43 wrote: »

My cousin in the uk had a similar thing, and he landed at jfk to go and see "Faithless" in New york they refused him entry. its a elfin bollox how some people see it , gets my goat up !!!! Alcholhol is the worst drug on gods green earth, but thats ok HYPOCRITES kills millions of people worldwide but coz it generates so much revenue for the world govt s that makes it ok. SHAME on you all !!!!

And shame on that gard for nicking ya

Isn't small amounts of Cannabis now tolerated in the UK? They usually just take it off you I think with nothing said?

usersame

Get a solicitor, your defence is that you're at college (or have recently enrolled) with a view to joining the merchant navy as you've always wanted to, you've no previous and your family are distraught with the goings on with your father/mother bringing you to the station to apologise, you play GAA/rugby etc and were a good student in secondary school. Probation act.

Boaty

If its your first time having drugs and you get caught , you most likely wont do it again.
The guard is doing the public a favour by keeping drugs off the street.
The person who got caught could have gone on to deal drugs himself but will stay away from them instead now.

drunkmonkey

Boaty wrote: »

The guard is doing the public a favour by keeping drugs off the street.
The person who got caught could have gone on to deal drugs himself but will stay away from them instead now.

The Garda is doing nobody a favour, if he had half a set of balls he'd be going after a lot harder drugs, but that's tough real work though, the kind that keeps you awake at night.

OP's friend could have gone on to be president, he won't now though officer petty had made sure of that.

No Pants

drunkmonkey wrote: »

The laws a complete numpty when it comes to plants.
Do you think it's acceptable punishment to hamper op's future over 1g of herb? The Garda should be ashamed of himself in this case.

OP, were you in any way confused as to the legality of the drug in question?

yawhat!

No Pants wrote: »

OP, were you in any way confused as to the legality of the drug in question?

I doubt he was. Unfortunately you have to take the risk if you use it. Unfortunately the law is backwards in this country. Given someone a criminal record for a gram of Cannabis is ridicolous, he'll get the probation act but still.

No Pants

yawhat! wrote: »

I doubt he was. Unfortunately you have to take the risk if you use it. Unfortunately the law is backwards in this country. Given someone a criminal record for a gram of Cannabis is ridicolous, he'll get the probation act but still.

OP should lobby his TD to have a personal use amount legislated for. I'm sure all drug dealing criminals would support him.

the world wonders

usersame wrote: »

Get a solicitor, your defence is that you're at college (or have recently enrolled) with a view to joining the merchant navy as you've always wanted to, you've no previous and your family are distraught with the goings on with your father/mother bringing you to the station to apologise, you play GAA/rugby etc and were a good student in secondary school. Probation act.

Yep, get a solicitor, turn up in court clean-shaven and wearing a suit and tell the judge how sorry and ashamed you are and you'll never do anything like this again and you should be ok.

yawhat!

No Pants wrote: »

OP should lobby his TD to have a personal use amount legislated for. I'm sure all drug dealing criminals would support him.

Works in the UK.

drunkmonkey

No Pants wrote: »

OP, were you in any way confused as to the legality of the drug in question?

I'm very confused as to the illegality of that herb and the mentality of Officer Petty Pants.

No Pants

drunkmonkey wrote: »

I'm very confused as to the illegality of that herb and the mentality of Officer Petty Pants.

Start your search here http://www.citizensinformation.ie/en/justice/criminal_law/criminal_offences/drug_offences.html

yawhat!

No Pants wrote: »

Start your search here http://www.citizensinformation.ie/en/justice/criminal_law/criminal_offences/drug_offences.html

You don't say!

drunkmonkey

No Pants wrote: »

Start your search here http://www.citizensinformation.ie/en/justice/criminal_law/criminal_offences/drug_offences.html

If Officer Petty Pants wants to hide behind that to enforce the law for 1g of pot he's a very sad individual.

No Pants

drunkmonkey wrote: »

If Officer Petty Pants wants to hide behind that to enforce the law for 1g of pot he's a very sad individual.

I've asked this already; which laws would you like to see enforced?

drunkmonkey

No Pants wrote: »

I've asked this already; which laws would you like to see enforced?

The ones with Victims not the ones that create them.

No Pants

drunkmonkey wrote: »

The ones with Victims not the ones that create them.

So, as long as he funds his drug purchases with work, he should be okay. However, if he ever starts shoplifting, doing burglaries or mugging, can we arrest him then?

drunkmonkey

Pot is not a gateway drug to any of those things. The Garda should be prosecuted for theft from the tax payer.

yawhat!

No Pants wrote: »

So, as long as he funds his drug purchases with work, he should be okay. However, if he ever starts shoplifting, doing burglaries or mugging, can we arrest him then?

Theres a reason it has been legalized in many U.S states

usersame

yawhat! wrote: »

Theres a reason it has been legalized in many U.S states

Is there a reason why it's illegal nearly everywhere else?

drunkmonkey

usersame wrote: »

Is there a reason why it's illegal nearly everywhere else?

Can you give one good one?

downonthefarm

Guard should have his shoelace allowance taken off him for wasting time and resources

BlatentCheek

OP I have a friend who was in an identical situation. The Court applied Section 1.1 (i) of the Probation Act which dismissed the charge. Sometimes the Court may apply Section 1.1 (ii) which the prosecuting Garda told the Court would lead to a record that could effect someone's Visa applications down the line (I don't know if that's true but it's what the Garda said). This was the issue raised by my friends solicitor so the Court applied Section 1.1 (i) so as not to wreck the guys life. He had to pay €300 into the poor box.

If you are concerned about future visa applications, a solicitor will be money well spent. As someone said before talking to the Gardaí could work for you.

I think its a disgrace that such a minor thing as possession of 1g of cannabis can potentially have such a severe impact on your future but the Garda was just applying the law. If you're serious about wanting to work in an area that requires a visa I'd advise you to never touch drugs again, it will be much harder to avoid a criminal record for a second possession charge than a first one.

http://www.irishstatutebook.ie/1907/en/act/pub/0017/print.html

Boaty

Op did something which is illegal, he should face the consequences.

wexandproud

the law at the moment states that possession of cannabis is illegal. the op had some in his possession and was caught however he will probably not have a record after it.
the guard was only doing his job , if he did not arrest him and word got out we would have people jumping up and down about the guards not doing their job.
i know it was only a very small quantity, but if someone someone is caught driving and is only little over the limit do we start to say its ok sure he was only a little bit over , or if i stab someone in the arm or leg should i be let off because i only stabbed him a little bit
in fairness the guards are in a no win situation in this country if they enforce the law they are wrong and if they show discretion they are wrong

drunkmonkey

wexandproud wrote: »

the law at the moment states that possession of cannabis is illegal. the op had some in his possession and was caught however he will probably not have a record after it.

The fact he could have a record is what's so absurd. How a Garda in this day and age could jeopardise a young chaps future over something so minor is unbelievable.

No Pants

drunkmonkey wrote: »

The ones with Victims not the ones that create them.

He and his friend were caught with cannabis in a car. If they'd consumed it and then driven, there would have been a significant increase in risk to any other road users they encountered that night. The Guard in question was right to act as he did. The law is the law and their duty is to enforce it as written in statute.

That said, if no one was hurt and the OP and his friend have not blotted their copybooks before or since, I too would be reluctant to ruin their future over this. This is where the judge can use his discretion.

drunkmonkey

No Pants wrote: »

He and his friend were caught with cannabis in a car. If they'd consumed it and then driven, there would have been a significant increase in risk to any other road users they encountered that night. The Guard in question was right to act as he did.

If they has a bottle of JD in the car do you think they should be done as they could drive after consuming it, of course you don't as it's absurd. Yet you apply that logic to the Garda not using his discretion and forcing a legal case which could see two young men's future severely damaged.

No Pants

drunkmonkey wrote: »

If they has a bottle of JD in the car do you think they should be done as they could drive after consuming it, of course you don't as it's absurd. Yet you apply that logic to the Garda not using his discretion and forcing a legal case which could see two young men's future severely damaged.

It's legal to have a bottle of JD in the car, so there's no comparison. As for Gardai using discretion, have we not seen enough evidence recently on how that can go wrong?

Pro Hoc Vice

drunkmonkey wrote: »

The fact he could have a record is what's so absurd. How a Garda in this day and age could jeopardise a young chaps future over something so minor is unbelievable.

How did a Garda jeopardise anyone's future, the only person who did that was the "young chap", while I personally believe it should not be a criminal act, the issue is in fact criminal. If a person wishes to have such substances on their person they are aware of the risks and the fall out. Get too drunk you can have a public order offence, or a drink driving offence. Steal as a young person a can of coke its a theft offence (that can cause serious issues down the line).

The old saying don't do the crime if you can't do the time.

Zambia

A conviction is not the Gardai's decision. They simply bring the matter before the court.

Hating on the Garda is a little short sighted. If the young man is to be spared a conviction that is for the court to decide.

Plus I doubt people are buying 1 gram of grass. They were just caught when they had got rid of the rest.

yawhat!

Zambia wrote: »

A conviction is not the Gardai's decision. They simply bring the matter before the court.

Hating on the Garda is a little short sighted. If the young man is to be spared a conviction that is for the court to decide.

Plus I doubt people are buying 1 gram of grass. They were just caught when they had got rid of the rest.

Yes they do, more than likely bought a 50 bag and had 1.5 grams each

jimb43

Arthur Beesley wrote: »

Are you on the drugs or something?

do you drink alcohol ??? if you do then your on drugs ok matey sort your life out its less harmful to have a gram of weed than a bottle of beer, so the answer is NO I'm not on drugs, anyone who drinks alcohol are !!!!:D

jimb43

No Pants wrote: »

Your post is nonsense. Shame on that guard for nicking someone committing a crime indeed.

get a grip itys a gram of weed not a kilo of cocain:D

No Pants

jimb43 wrote: »

get a grip itys a gram of weed not a kilo of cocain:D

It's only assault, it's not murder. :rolleyes:

TheHappyChappy

should of offered the guard a brown envelope to forget about it.....

thats the way things work in Ireland now right?:rolleyes:

Fred Swanson

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