Cannabis law??

HE500

Question for those of you that may be more educated regarding the laws surrounding cannabis or perhaps you have been in a similar situation?

So back in October i got a phone call from a distraught family member. I wont go into the details but i had to contact her son and both of us together met with this distraught family member.

Afterwards her son was a little shook so i offered to take him for a spin and a chat. We parked the car and he asked would it be ok if he smoked a joint! Wether or not i should have allowed it , i don't know, but i allowed it.

Minutes later the Guards pulled up and initially found me personally in possession of a small amount of CBD (which i smoke for my anxiety) I wasn't however smoking at the time. This was proven also with the guard accepting it was cbd as it had the cbd labels etc and he was happy to return it to me.

The passenger of my car had in his possession a small amount of illegal cannabis (about 20 euro worth, maybe less) and he offered it up to the guard. Technically it was me who handed it to the guard however as he was at my window so the passenger handed it to me and i then passed it to the guard.

I asked the guard if either of us were in trouble and he refused to say so for that reason i asked to speak with my solicitor as i wasn't willing to say anything incriminating and it was an intimidating situation so i did not want to admit to something like i felt i was expected to, when i knew i did no wrong.

Fast forward to the present moment and i have now received 2 summons to my door while the passenger got none. I am being charged with possession and with knowingly allowing a passenger to smoke cannabis in my car.

The passenger of the car and myself went to the station to speak with the guard and the passenger told the guard the cannabis belonged to him but we were basically told "tough ****, explain yourselfs in court"

Can anyone clarify if in fact i can be prosecuted for allowing someone to smoke a joint in my car? No drug tests were carried out so there is no factual evidence the passenger smoked at all.

I have spoke to a solicitor who has told me not to worry about the possession case but that i am in trouble for allowing someone to smoke in my car. This seems way over the top if you ask me and extremely harsh.

Any thoughts ?

Iam not one to bash the guards either, i know one or two of them through business watch and they are gentlemen but this guy had an attitude from day one and it feels like he is hell bent on doing me for this.

skooterblue2

You are an idiot for getting into the car with this loose cannon in the first place.
He probably attracted the guards attention in the first place.
He probably had nothing to loose or doesn't care about a criminal record.
You put yourself in this position and you ask why?
I am not a lawyer or a pot smoker but I know enough not to put myself in that position.
I wouldn't smoke pot in the open.
I wouldn't have offered information to the guards like that.
I wouldn't have handed pot to guard he would have to search me first.

Did you admit it was pot?
By handing over the pot you admitted it was yours.
Either pay for a real solicitor or take your medicine.
The guard isnt hell bent on doing you in, sounds like he knew your passenger and because he couldnt get him, you were the next best target.

HE500

skooterblue2 wrote: »

You are an idiot for getting into the car with this loose cannon in the first place.
He probably attracted the guards attention in the first place.
He probably had nothing to loose or doesn't care about a criminal record.
You put yourself in this position and you ask why?
I am not a lawyer or a pot smoker but I know enough not to put myself in that position.
I wouldn't smoke pot in the open.
I wouldn't have offered information to the guards like that.
I wouldn't have handed pot to guard he would have to search me first.

Did you admit it was pot?
By handing over the pot you admitted it was yours.
Either pay for a real solicitor or take your medicine.
The guard isnt hell bent on doing you in, sounds like he knew your passenger and because he couldnt get him, you were the next best target.

What are you talking about? Woah.

Neither me nor the passenger have ever been in trouble with the law. Just because somebody smokes cannabis does not automatically mean they are scum that are known to the guards.

The weed was handed over because he wanted to co-operate not be searched and make things harder for himself. How on earth does me passing the passengers weed to the guard give grounds for me admitting it was mine?

Entitled to your opinion but wow!!

ThewhiteJesus

skooterblue2 wrote: »

You are an idiot for getting into the car with this loose cannon in the first place.
He probably attracted the guards attention in the first place.
He probably had nothing to loose or doesn't care about a criminal record.
You put yourself in this position and you ask why?
I am not a lawyer or a pot smoker but I know enough not to put myself in that position.
I wouldn't smoke pot in the open.
I wouldn't have offered information to the guards like that.
I wouldn't have handed pot to guard he would have to search me first.

Did you admit it was pot?
By handing over the pot you admitted it was yours.
Either pay for a real solicitor or take your medicine.
The guard isnt hell bent on doing you in, sounds like he knew your passenger and because he couldnt get him, you were the next best target.

A loose cannon haha you need help. Op small fine at most it’s obvious it was personal and not for supply and the fact the passenger will admit guilt means the judge might even throw it out, gardai like this give them all a bad name,
Let me a guess an ignorant Gardai from a rural county working in Dublin ?

tayto lover

ThewhiteJesus wrote: »

A loose cannon haha you need help. Op small fine at most it’s obvious it was personal and not for supply and the fact the passenger will admit guilt means the judge might even throw it out, gardai like this give them all a bad name,
Let me a guess an ignorant Gardai from a rural county working in Dublin ?

Ha ha. A law was broken but it’s the Garda who’s ignorant. Always the Garda.

28064212

HE500 wrote: »

I have spoke to a solicitor who has told me not to worry about the possession case but that i am in trouble for allowing someone to smoke in my car. This seems way over the top if you ask me and extremely harsh.

You spoke to a legal professional, don't believe their advice, so you're coming to the internet for a different opinion? Seriously, go back to the solicitor and find out what your options and likely outcomes are

HE500

ThewhiteJesus wrote: »

A loose cannon haha you need help. Op small fine at most it’s obvious it was personal and not for supply and the fact the passenger will admit guilt means the judge might even throw it out, gardai like this give them all a bad name,
Let me a guess an ignorant Gardai from a rural county working in Dublin ?

How are you mate. Yes thats what i would have thought. We initially were naive enough to think nothing would even come of it. I for one felt i did nothing wrong so i wasnt worried one bit but i recall been asked to sign something after i had said i wanted to speak to a solicitor.

Then a friend of mine suggested a i should not of signed anything especially if i did not give a statement and that a friend of his was fined for being found in possession.

Myself and the passenger decided a few weeks ago to enter the garda station to speak with him about it. The passenger admitted the illegal cannabis belonged to him but the guard was not interested in listening to him.

Interestingly both summons then came in my name and both were applied for the same day we spoke to him! One summons says i was caught in possession and the other summons says i was caught the day after again knowingly allowing a passenger to consume cannabis in my car!

In my mind he clearly knew he could not do me and that he messed up not doing the passenger and he did not like it being brought to his attention that he made a mistake so he created another summons the same day i spoke to him.

HE500

tayto lover wrote: »

Ha ha. A law was broken but it’s the Garda who’s ignorant. Always the Garda.

I wasnt aware i was breaking the law though! I genuinely did not know i would be held responsible for allowing someone to smoke in my car . Why has the passenger not received a summons ??

HE500

28064212 wrote: »

You spoke to a legal professional, don't believe their advice, so you're coming to the internet for a different opinion? Seriously, go back to the solicitor and find out what your options and likely outcomes are

Sounds dumb i know but i was just shocked to be told i was responsible and i wasnt sure if perhaps the solicitor is playing scare tactics so that i will cough money for him to represent me etc or wether he was sincere that i can be done for this! It just seemed extremely harsh and hard to believe i can be fined for that yet the passenger who was actually the owner of the cannabis and smoking it can walk free

ThewhiteJesus

HE500 wrote: »

How are you mate. Yes thats what i would have thought. We initially were naive enough to think nothing would even come of it. I for one felt i did nothing wrong so i wasnt worried one bit but i recall been asked to sign something after i had said i wanted to speak to a solicitor.

Then a friend of mine suggested a i should not of signed anything especially if i did not give a statement and that a friend of his was fined for being found in possession.

Myself and the passenger decided a few weeks ago to enter the garda station to speak with him about it. The passenger admitted the illegal cannabis belonged to him but the guard was not interested in listening to him.

Interestingly both summons then came in my name and both were applied for the same day we spoke to him! One summons says i was caught in possession and the other summons says i was caught the day after again knowingly allowing a passenger to consume cannabis in my car!

In my mind he clearly knew he could not do me and that he messed up not doing the passenger and he did not like it being brought to his attention that he made a mistake so he created another summons the same day i spoke to him.

Good thanks, well I would make sure you give your solicitor all the details of that visit to the Garda station and efforts to resolve the matter, the Garda is way out of order to bring you to court for 20 euro worth, with no previous there is no way it’ll get more than a fine if even that, in fact I can see the judge throwing it out they hate cops wasting the courts time I’ve seen it over and over again.
Total over reaction imo

skooterblue2

ThewhiteJesus wrote: »

A loose cannon haha you need help. Op small fine at most it’s obvious it was personal and not for supply and the fact the passenger will admit guilt means the judge might even throw it out, gardai like this give them all a bad name,
Let me a guess an ignorant Gardai from a rural county working in Dublin ?

Not a guard and I have no training in law other than when you are caught you are presumed innocent it is the guards that have to prove you guilty. As soon as you start talking then you start getting into trouble.

ThewhiteJesus

HE500 wrote: »

I wasnt aware i was breaking the law though! I genuinely did not know i would be held responsible for allowing someone to smoke in my car . Why has the passenger not received a summons ??

I wouldn’t feed it pal just ignore this poster he or she is not the most intelligent of posters

ThewhiteJesus

skooterblue2 wrote: »

Not a guard and I have no training in law other than when you are caught you are presumed innocent it is the guards that have to prove you guilty. As soon as you start talking then you start getting into trouble.

That’s pretty obvious, your post is idiotic at best.

skooterblue2

HE500 wrote: »

Sounds dumb i know but i was just shocked to be told i was responsible and i wasnt sure if perhaps the solicitor is playing scare tactics so that i will cough money for him to represent me etc or wether he was sincere that i can be done for this!

You prove them all wrong and represent yourself in court, you are playing a blinder so far. A judge just loves lads representing themselves. You go and explain it to him as you have done here.

skooterblue2

ThewhiteJesus wrote: »

That’s pretty obvious, your post is idiotic at best.

I am not the one with the summons, go figure.

HE500

ThewhiteJesus wrote: »

Good thanks, well I would make sure you give your solicitor all the details of that visit to the Garda station and efforts to resolve the matter, the Garda is way out of order to bring you to court for 20 euro worth, with no previous there is no way it’ll get more than a fine if even that, in fact I can see the judge throwing it out they hate cops wasting the courts time I’ve seen it over and over again.
Total over reaction imo

Iam thinking the same! I expected the solicitor to say the same thing but totally caught me by surprise to be told i would have the possession case struck out but was in trouble for allowing the passenger to smoke!

tayto lover

HE500 wrote: »

I wasnt aware i was breaking the law though! I genuinely did not know i would be held responsible for allowing someone to smoke in my car . Why has the passenger not received a summons ??

I don’t know why he wasn’t summonsed but isn’t cannabis illegal and didn’t you know he was smoking it in your car? So obviously the indiscretion is around that fact.
It’s a stupid law but it’s still a law.
Explain your case in court and you will probably get off if you say you didn’t know you were breaking the law. Don’t know if they allow ignorance of the law as an excuse though. Good luck.

HE500

skooterblue2 wrote: »

You prove them all wrong and represent yourself in court, you are playing a blinder so far. A judge just loves lads representing themselves. You go and explain it to him as you have done here.

Your a fruit cake mate. Who said iam representing myself? Let alone who said i talked myself into trouble? Did you even read my post?

I refused to talk. I asked to speak to a solicitor..... who will be representing me!

skooterblue2

ThewhiteJesus wrote: »

A loose cannon haha you need help. Op small fine at most it’s obvious it was personal and not for supply and the fact the passenger will admit guilt means the judge might even throw it out, gardai like this give them all a bad name,
Let me a guess an ignorant Gardai from a rural county working in Dublin ?

Well, if there is a conviction then you have a criminal record, good luck getting an Esta for the States. I cant be an "ignorant Garda" and have no training in law. I am ambivalent about the guards but I know not to antagonise them. There was a reason the guard had a suspicion.

HE500

tayto lover wrote: »

I don’t know why he wasn’t summonsed but isn’t cannabis illegal and didn’t you know he was smoking it in your car? So obviously the indiscretion is around that fact.
It’s a stupid law but it’s still a law.
Explain your case in court and you will probably get off if you say you didn’t know you were breaking the law. Don’t know if they allow ignorance of the law as an excuse though. Good luck.

Correct. Technically i did not know he had cannabis in his possession getting into my car until we had stopped and he asked if he could smoke! I accept i knew of course when he took it out of his pocket and yes i was aware cannabis is illegal but i would have thought the law was lenient towards it , especially towards me considering all i did was allow it!

Extremely harsh in my view but everyone can have their opinion! For the guard to apply for the summons the same day i tried to explain the situation to him is just being an absolute dickhead

ThewhiteJesus

HE500 wrote: »

Iam thinking the same! I expected the solicitor to say the same thing but totally caught me by surprise to be told i would have the possession case struck out but was in trouble for allowing the passenger to smoke!

He wants your 500quid for the day in court and they have to tell you the worst case scenario as it’s not his decision but the judges, don’t worry and honestly that’s it, max a fine to charity, but do get legal representation they are worth the money, way smarter than any run of the mill Garda and easy to outsmart.

HE500

skooterblue2 wrote: »

Well, if there is a conviction then you have a criminal record, good luck getting an Esta for the States. I cant be an "ignorant Garda" and have no training in law. I am ambivalent about the guards but I know not to antagonise them. There was a reason the guard had a suspicion.

Wow man! You must of been the passenger cause you sound like you know the details better then me! Yea the guard knew the passenger all along and had suspicions! Ye solved the case. Good man

skooterblue2

HE500 wrote: »

Correct. Technically i did not know he had cannabis in his possession getting into my car until we had stopped and he asked if he could smoke! I accept i knew of course when he took it out of his pocket and yes i was aware cannabis is illegal but i would have thought the law was lenient towards it , especially towards me considering all i did was allow it!

Extremely harsh in my view but everyone can have their opinion! For the guard to apply for the summons the same day i tried to explain the situation to him is just being an absolute dickhead

That is not important, your car carrying cannabis.
You are just a soft ticket for him to get his statistics up.
Dont take it personally, its just like you finding a €5 note on the ground, a hand reason to go for a pint.

skooterblue2

HE500 wrote: »

Wow man! You must of been the passenger cause you sound like you know the details better then me! Yea the guard knew the passenger all along and had suspicions! Ye solved the case. Good man

Guards dont search random cars, there must have been a reason.

MEGA BRO WOLF 5000

skooterblue2 wrote: »

You are an idiot for getting into the car with this loose cannon in the first place.

€20 worry of pot = loose cannon?

Lock me up and throw away the key because I’m a psychopath in comparison.

ThewhiteJesus

If the Garda didn’t drug test you that’s proof in itself of innocence in relation to the possession, silly Garda I’ll be shocked if he even turns up

skooterblue2

tayto lover wrote: »

Explain your case in court and you will probably get off if you say you didn’t know you were breaking the law. Don’t know if they allow ignorance of the law as an excuse though. Good luck.

That only works when you are on the lower end of the autistic spectrum or brain damaged with a good solicitor in tow. You better be praying you dont get Judge Mary Martin.

skooterblue2

Hunky Monster wrote: »

€20 worry of pot = loose cannon?

Its not the €20 worth you should be worried about but smoking weed in public is more or less baiting a guard.

skooterblue2

HE500 wrote: »

Wow man! You must of been the passenger cause you sound like you know the details better then me! Yea the guard knew the passenger all along and had suspicions! Ye solved the case. Good man

No but I know one or two guards and I know they dont mind clouding the details. That guard is looking for a promotion if he is taking every opportunity for a conviction.

skooterblue2

ThewhiteJesus wrote: »

If the Garda didn’t drug test you that’s proof in itself of innocence in relation to the possession, silly Garda I’ll be shocked if he even turns up

The guard doesnt need to test it if you admitted it was pot. Did you say it was pot or agree it was pot? He is already half way there as you handled it.

ThewhiteJesus

skooterblue2 wrote: »

The guard doesnt need to test it if you admitted it was pot. Did you say it was pot or agree it was pot? He is already half way there as you handled it.

You really are clueless I’m sorry to say