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Old December 3rd, 2004, 11:06 AM   #1 (permalink)
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Any Law-Buffs?

Basically, I'm curious. I'm posting from the school library right now, and I'm a bit pissed.. A good friend of mine just got caught (Locker Searched) with a lot of Weed and Mush. The word going around is that she's being charged with Manslaughter because if you have possesion of a certain amount of Mush, because that amount can be lethal, they consider it manslaughter.
I'm wondering if anyone has heard of this, or anything like it.
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Old December 3rd, 2004, 11:07 AM   #2 (permalink)
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well idk never haerd of anything about thatbin the states. i do know if you shoot someone bellow the knee it only assult and not atemted murder.
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Old December 3rd, 2004, 11:10 AM   #3 (permalink)
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That's what I'm wondering.. It may only be a Canadian thing, and not even heard of in the states.... This is really starting to **** me over, though.. I'm worried about her.
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Old December 3rd, 2004, 11:10 AM   #4 (permalink)
 
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Quote:
Originally Posted by 2ffu
well idk never haerd of anything about thatbin the states. i do know if you shoot someone bellow the knee it only assult and not atemted murder.
Wtf!!! spell.... correctly! That would be king of weird if they were charged with manslaughter for having substances. That applies in no way, weird. Sucks for him because manslaughter might give him some time...

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Old December 3rd, 2004, 11:12 AM   #5 (permalink)
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She'd have to have 15 pounds of weed. And that would only be legal for people who can smoke a pound a minute. Which is about 50 times what it takes to get you blazed off the face of the earth.

Isn't weed legal in some parts of Canada?
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Old December 3rd, 2004, 11:14 AM   #6 (permalink)
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No never, but maybe its cuz i live in california or somethin, but generally when someone here gets caught with 'contraband', i dont think they get incarcirated for manslaughter. Isnt that a little harsh?
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Old December 3rd, 2004, 11:14 AM   #7 (permalink)
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i've smoked more in bc than all that i've smoked in the states combined

btw how much of each did she have?
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Old December 3rd, 2004, 11:28 AM   #8 (permalink)
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Quote:
Originally Posted by Infinit
Wtf!!! spell.... correctly! That would be king of weird if they were charged with manslaughter for having substances. That applies in now way, weird. Sucks for him because manslaughter might give him some time...
It's her... And yeah, that's what I'm afraid of.

Quote:
Originally Posted by sNoW PIrAnHa
She'd have to have 15 pounds of weed. And that would only be legal for people who can smoke a pound a minute. Which is about 50 times what it takes to get you blazed off the face of the earth.

Isn't weed legal in some parts of Canada?
It's not the weed that I heard this applies to, it's the Mush. You can't overdose on Marijuana unless you smoke something like 10-15,000 times your body's weight (Actual clinical study).


Quote:
Originally Posted by 2ffu
i've smoked more in bc than all that i've smoked in the states combined

btw how much of each did she have?
Something like a half or full Q of each.
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Old December 3rd, 2004, 11:46 AM   #9 (permalink)
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I'm going into pre-law, have taken many poly sci classes and i have never heard anything like that. if they tried really really hard, and got really lucky, they could get her for intent, or involuntary... but not straight up manslaughter.
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Old December 3rd, 2004, 11:50 AM   #10 (permalink)
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Quote:
Originally Posted by Lowtryx
It's not the weed that I heard this applies to, it's the Mush. You can't overdose on Marijuana unless you smoke something like 10-15,000 times your body's weight (Actual clinical study).
yea dude thats what I was saying. You have to smoke a pound a minute for 15 minutes to die from it, which like I said is way over what you need to get you incredibly baked.
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Old December 3rd, 2004, 11:52 AM   #11 (permalink)
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I also live in Canada, and have never heard anything like this ever happening. It simply doesn't make sense. I once got a speeding ticket, but was not charged for vehicular manslaughter because if I had hit someone they would have died. I think the only way you could be charged with manslaughter with regards to drugs would be if you were criminally negligent with regards to letting someone OD. Selling someone drugs doesn't kill them, but if you watched them OD I could see it happening.
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Old December 3rd, 2004, 11:55 AM   #12 (permalink)
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Quote:
Originally Posted by Angered Fists
I once got a speeding ticket, but was not charged for vehicular manslaughter because if I had hit someone they would have died.
exactly.
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Old December 3rd, 2004, 12:08 PM   #13 (permalink)
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I'm a Law Enforcement agent, and I've never heard of someone being prosecuted for anything like that, but that's not to say it hasn't happened. I'll ask my departments "drug-free" officer next time I'm in contact with him.

It's pretty common to be hit with all kinds of outrageous potential charges initially ("have the book thrown at you", so to speak) as a scare tactic. I've seen charges against a thief (age 19, ~$50k of stolen property) add up to 95 years in prison and $150,000 in fines, only to be reduced to 12 months in prison, 36 months probation, and $10,000 in fines. Criminals are less likely to commit a second offence if they think they "got of easy" the first time and could have potentially spent the rest of their natural life in prison.
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Old December 3rd, 2004, 12:15 PM   #14 (permalink)
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Yeah it was most likely just a scare tactic.
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Old December 3rd, 2004, 12:33 PM   #15 (permalink)
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Quote:
Originally Posted by Angered Fists
Yeah it was most likely just a scare tactic.

took the words out of my mouth
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Old December 3rd, 2004, 02:27 PM   #16 (permalink)
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There were these people that got 312 years or something close in Thailand, for got what for tho
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Old December 3rd, 2004, 02:29 PM   #17 (permalink)
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wtf, oen time my friend (not I, no way, I dont smoke marijuana nope) smoked way too much and he just kinda passed out and when he woke up he was like "WTF just happened?!". Its pretty damn hard to overdose on weed. You pass out before you can.
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Old December 3rd, 2004, 02:33 PM   #18 (permalink)
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yeah man, i think she'll be fine.. its a shame she had the mush on her.. other wise she woulda been fine probably.. half quart of pot is not a biggy at all..

plus shes 16..

theres been worse busts before.. i figure she'll get a week suspension, and rebound

but man. theres gonna be some boes dropped when they find the nark.. apparently it was the brown girls.. well so ive heard
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Old December 3rd, 2004, 11:39 PM   #19 (permalink)
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Pardon my ignorance, I live in a small city in a small province of a large by area but small by population country called Canada. Whats mush? PM me if it can't be posted. I thought I was up on the drug lingo, I mean I've read Jim Carrol's 'the basketball diaries' like 8 times 0?
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Old December 3rd, 2004, 11:43 PM   #20 (permalink)
 
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Shrooms dude.
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Old December 3rd, 2004, 11:58 PM   #21 (permalink)
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Never heard them called mush before, just shrooms. Learn something new everyday, now how can I put this new information to good use....
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Old December 4th, 2004, 12:17 AM   #22 (permalink)
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CA PC192. Manslaughter is the unlawful killing of a human being without
malice. It is of three kinds:
(a) Voluntary--upon a sudden quarrel or heat of passion.
(b) Involuntary--in the commission of an unlawful act, not
amounting to felony; or in the commission of a lawful act which might
produce death, in an unlawful manner, or without due caution and
circumspection. This subdivision shall not apply to acts committed
in the driving of a vehicle.

CA HSC11390. Except as otherwise authorized by law, every person who,
with intent to produce a controlled substance specified in paragraph
(18) or (19) of subdivision (d) of Section 11054, cultivates any
spores or mycelium capable of producing mushrooms or other material
which contains such a controlled substance shall be punished by
imprisonment in the county jail for a period of not more than one
year or in the state prison.



11391. Except as otherwise authorized by law, every person who
transports, imports into this state, sells, furnishes, gives away, or
offers to transport, import into this state, sell, furnish, or give
away any spores or mycelium capable of producing mushrooms or other
material which contain a controlled substance specified in paragraph
(18) or (19) of subdivision (d) of Section 11054 for the purpose of
facilitating a violation of Section 11390 shall be punished by
imprisonment in the county jail for a period of not more than one
year or in the state prison.



11392. Spores or mycelium capable of producing mushrooms or other
material which contains psilocyn or psyoclyin may be lawfuly obtained
and used for bona fide research, instruction, or analysis, if not in
violation of federal law, and if the research, instruction, or
analysis is approved by the Research Advisory Panel established
pursuant to Sections 11480 and 11481.


this is just CA law, dunno about canada. but I think it'd be bull**** to be charged with manslaughter just cuz you have enough to kill one person. what if you were going to give it to 5,000 people? what if you were going to use just barely enough to get you hardly buzzed once a year? if in fact this bs law existed, these are things you'd bring up, unless of course logic doesn't exist there (which, if the law exists, might actually be true)
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Old December 4th, 2004, 12:21 AM   #23 (permalink)
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you cant be charged manslaughter unless you kill someone. She could i guess be charged with possession of a weapon, but i dont see manslaughter happening.
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Old December 4th, 2004, 12:22 AM   #24 (permalink)
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Worst I think would be attempted manslaughter, but it would be a stretch to try and prove that.
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Old December 4th, 2004, 04:04 AM   #25 (permalink)
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a stretch like a 40 foot rubber band. it's like convicting you for murder cuz you had a loaded gun in your sock drawer. you never did anything, so it's impossible to have killed someone, even if you had the capability to do so.

there are 2 factors for voluntary manslaughter, a murder with intent or disregard for human life. obviously there was no murder, so that's out the window right then. involuntary manslaughter is murder without intent. hey, no murder, no case.
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