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.
It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.”
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
Although law enforcement officers must obtain a warrant before they can conduct a privacy-invading search, any illicit material that can be plainly seen by any person from a non-intrusive vantage point is subject to confiscation. An arrest and a valid warrant to search the rest of the area is likely to ensue. A “roach” in the ashtray, a pipe or baggie on the coffee table, a marijuana seeds pack on the kitchen table or a joint being smoked in public are common mistakes which all too-frequently lead to arrests.
2. Never Consent
Many individuals arrested on marijuana charges could have avoided that arrest by exercising their Fourth Amendment rights. If a law enforcement officer asks for your permission to search, it is usually because: (1) there is not enough evidence to obtain a search warrant; or (2) the officer does not feel like going through the hassle of obtaining a warrant. Law enforcement officers are trained to intimidate people into consenting to searches. If you do consent, you waive your constitutional protection and the officers may search and seize items without further authorization. If officers find contraband, they will arrest you. Always hide your marijuana or marijuana seeds well.
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:
“I do not consent to a search of my [person, baggage, purse, luggage, vehicle, house, blood, etc.] I do not consent to this contact and do not want to answer any questions. If I am not under arrest, I would like to go now (or be left alone).”
3. Don’t Answer Questions Without Your Attorney Present
Whether arrested or not, you should always exercise the right to remain silent. Anything you say to law enforcement officers, reporters, cell mates, or even your friends can be used as evidence against you. You have the right to have an attorney present during questioning. Your right to remain silent should always be exercised.
4. Determining if You Can Leave
You may terminate an encounter with officers unless you are being detained under police custody or have been arrested. If you cannot tell whether you may leave, you can ask officers, “Am I under arrest or otherwise detained?” If the answer is, “No,” you may 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:
“I do not consent to this contact and I do not want to answer any questions. If I am not under arrest I would like to go now (or be left alone).”
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
There are times when individuals politely assert their rights and refuse to consent to a search but the officers nonetheless proceed to detain, search, or arrest them. In such cases, it is important not to physically resist. Rather, you should reassert your rights as outlined above in section 2.
6. Informing on Others
The police and prosecutors often try to pressure individuals into providing information that would lead to the arrest and conviction of others. Threats and promises by police and prosecutors should be viewed with caution and skepticism. Decisions should only be made after consulting with an experienced criminal defense attorney and examining one’s own conscience.
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.
The Political Arrest of Marc Emery: Marijuana Activist
Marc Emery is a Canadian businessman and pot advocate has been considered the most famous retailer for marijuana seeds. He was also the biggest financial supporter for the pro-pot movement around the world.
In 2005, the US Drug Enforcement Agency arrested him in Canada and shut down his operations. Marc is serving his sentence in a medium-security prison in Mississippi. He was extradited in 2010 by the Canadian government. When he was sentenced by a Seattle federal court in the same year, he was given five years for the distribution of marijuana seeds. The Drug Enforcement Administration (DEA) also said it had to do with financing the marijuana movement and his political activism.
What’s unique about Marc’s case is that he’s a Canadian citizen who never sold seed to anyone in the US and never operated his business outside of Canada. He also declared his income from the marijuana seeds and has paid more than half a million dollars in taxes to the provincial and federal governments since 1999. Since he only sold seeds, he was never arrested in Canada for selling or distributing marijuana.
Multiple raids were conducted against Marc Emery over the years. While they seized his stocks, he only paid fines – never imprisonment. It wasn’t until the Canadian police requested that the US DEA launch a cross-border attack so he could be punished by the United States’ stricter laws in regards to marijuana distribution.
Many people view the arrest of Marc Emery as a huge blow to the trafficking of marijuana as well as to the movement to legalize marijuana. Many groups relied on his funding to help push their issues in front of courts and to educate people on the benefit of cannabis. There are also many people who view the imprisonment as unfair due to the fact that Emery is a Canadian citizen and should not be penalized by US laws.
In the meantime, Emery remains in jail until 2015. If history is any indication of what will happen next, Emery is likely going to go back to the fight – but there are still two more years before that can happen. Here’s a video about Marc and the hypocricy of the US government;