Marijuana Buds and Marijuana Seeds Laws
Fist of all let me assure you that I never heard of anybody being arrested for ordering a pack of cannabis seeds. What usually happens in worst case is customs removing the marijuana seeds from the package. They put a standard removal notice piece of paper and send the package on its way. I believe customs have much more important work to do than pursue prosecution of people for a few packs of cannabis seeds. Well it never happend so far :-). The same thing happens if customs find a piece of marijuana buds smaller than 1 gram. If customs find it, it is removed and destroyed and removal notice is placed instead, game over, your goods are lost but besides money loss, you have nothing to worry about :-), because nobody will bother proving that was your intention to get those piece of pot delivered to you.
General Police encounter tips
Now a few tips and good advice concerning You possessing marijuana buds and encountering the law enforcement officers.
Marijuana as defined by US law:
"Marijuana means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.
Information below is intended as a brief summation of your constitutional rights and is meant to offer helpful hints at how to effectively assert and protect those rights within the context of a police encounter. Of course, this information is no substitute for consultation with an experienced attorney.
The Fourth Amendment to the Bill of Rights of the United States Constitution states:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Fifth Amendment reads, in part, "No person shall be... compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law...." These amendments provide the foundation for the rights that protect all U.S. Citizens from intrusive law enforcement practices. If an officer violates your rights then any evidence discovered as a result of that violation must be suppressed from the evidence at trial. This is accomplished by filing a motion to suppress with the trial judge. Even if an officer obtained a warrant prior to searching, if that warrant is defective or not supported by probable cause, then the evidence must be suppressed. Often times, after the fruits of an illegal detention, interrogation or search are suppressed, the government is left with very little evidence and the charges are dismissed.
1. Don't Leave Marijuana Buds or Marijuana Seeds in Plain View
2. Never Consent
If you do not consent to a search, the officer must either release you or detain you and attempt to get a warrant. The fact that you refuse to consent does not give the officer grounds to obtain a warrant or further detain you. Refusing to consent does not endanger you in any way.
An officer can obtain a search warrant only from a judge or magistrate and only upon a showing of "probable cause." Probable cause requires an officer to articulate information that would cause a reasonable person to believe that a crime has been or is being committed and that evidence of that involvement can be found within the object of the search. Probable cause include any illicit material that can be plainly seen by any person from a non-intrusive vantage point. An arrest and a valid warrant to search the rest of the area is likely to ensue. Do not leave marijuana or marijuana seed in plain view.
There are exceptions to the search warrant requirement which permit an officer to search an area without a warrant or consent under certain circumstances. The important thing for you to remember is never to consent to a search or talk with an officer if you want to preserve your rights.
If an officer asks to search you or an area belonging to you or over which you are authorized to control, you should respond:
3. Don't Answer Questions Without Your Attorney Present
4. Determining if You Can Leave
An officer can temporarily detain you without arresting you if he has "reasonable suspicion" that you are involved in criminal activity. Never give a reason by leaving marijuana or cannabis seeds in plain view. An officer must be able at a later time to articulate to a judge objective facts that would have caused a reasonable person to suspect that you were involved in criminal activity at the point that you were detained. Also, the officer may perform a "pat down" or "frisk" on you during the detention if he has reasonable suspicion that you are armed. However, an officer may only reach into your pockets if he pats something that feels like a weapon.
When an officer attempts to contact or question you, you should politely say:
If arrested, you should again refuse a search of any kind and refuse to answer any questions. At this point you should insist on speaking to an attorney as soon as possible.
5. Do Not Be Hostile; Do Not Physically Resist
6. Informing on Others
Finally, consider downloading and carrying NORML's Freedom Card -- a quick reference guide to your rights and obligations when you are stopped by the police.
Spread the information about your police encounter with other marijuana connoisseurs for and anybody who wants to order marijuana seeds, so we may all learn and avoid repeating mistakes.
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