Boycott Crony Capitalism - First Cannabis Act Conviction

OldMedUser

Well-Known Member
It will be appealed and overturned.
I'm no lawyer but I think you can only appeal if you have maintained your innocence but got convicted anyway. 'Fessing up kind of removes all reasonable doubt unless diminished mental capacity can be proven or confession under duress.

I think a lawyer might have a good case for the former. ;)
 

QUAD BREATH

Well-Known Member
I can't post links yet as I'm still on probation. However, here is another article from The Leaf News:

10-month jail sentence for cannabis crime 'shocking': lawyers
By: Solomon Israel

Three criminal defence lawyers who focus on cannabis cases say they're dismayed at the 10-month jail sentence recently imposed by a Manitoba judge on a man caught with 86.3 grams of marijuana.

Rodney Clayton Felix, 31, pleaded guilty to possession of cannabis for the purpose of distribution — a new offence under the federal Cannabis Act that took effect last October.

"Ten months is a very long time for a non-violent drug offence, especially given that the particular drug has just been legalized," said Caryma Sa'd, who practices law in Toronto.

Sa'd is worried the sentence from provincial court Judge Dale Schille "sets the bar very high" for future convictions.

"Past judgments affect future decisions... If this sentence isn't appealed, it's going to be a reference point for future cases," she said Wednesday.

Toronto cannabis lawyer Jack Lloyd isn't convinced the case is the first criminal conviction and sentence under the new marijuana law, as asserted by

"But what I can tell you is that 86 grams of cannabis resulting in a prison sentence of that duration is shocking," he said.

Under the federal rules that came in effect Oct. 17, 2018, set a personal public possession limit of 30 grams.

Provincial court sentencing decisions aren't binding on other judges, Lloyd said. Still, he worries other judges might look to Schille's sentence for guidance.

"For other judges that simply don't like cannabis, it'll be very persuasive," he said. "They'll use it to put more people in jail for cannabis."


The prosecutor in Felix's case asked for 15 months imprisonment. His lawyer, Scott Paler, had countered with a fine, and later raised the spectre of punishment in cannabis cases becoming a "class issue."

"Violent, dangerous criminals in this country do not get as much jail as that guy got, so I'm very curious as to how on earth he got that sentence. It's incredibly unjust," Lloyd said.

Paul Lewin, another Toronto attorney who practices cannabis criminal law, agreed the sentence appears harsher than sentences for the equivalent crime before marijuana legalization.

'Violent, dangerous criminals in this country do not get as much jail as that guy got, so I'm very curious as to how on earth he got that sentence. It's incredibly unjust' - Toronto cannabis lawyer Jack Lloyd

"It's just mind-boggling, and it's completely contrary to what this whole thing was supposed to be about, with these heavy-handed, prohibition-era, (former prime minister Stephen) Harper-era sentences," said Lewin.

All three lawyers emphasized they weren't privy to all the details of Felix's case.

However, aggravating factors may have contributed to the 10-month sentence, according to Paler, an attorney with Legal Aid Manitoba.

Felix already had two past convictions for similar offences, Paler said. In addition, the charge for which Felix was sentenced April 2 was his second under the Cannabis Act since legalization.

At the time of his arrest in November 2018, Felix was out on bail, with another pending charge for possession of cannabis for the purpose of distribution — although Paler said prosecutors stayed that charge.

Paler also believes the judge's sentence reflected the fact Felix had a knife in his bag when he was arrested. (Felix didn't plead guilty to that charge, he added.)

The Gladue Principle requires courts to make special considerations when sentencing Indigenous people.

Paler said he did "did outline some Gladue considerations for the judge to consider," but didn't order a formal report for the court. Those reports can take weeks, he said, and "Mr. Felix wanted to resolve his matters as soon as possible, and we were hoping for a different outcome."

At this point, Paler doesn't believe Felix will appeal his sentence. He is expected to be released from custody in June.

"Manitoba has a fairly conservative judiciary, and we have some of the more serious sentences in terms of drug offences in this province, relative to other jurisdictions," Paler said.
 
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QUAD BREATH

Well-Known Member
And here is another article with a few more details:


Spectre of 'double standard' looms in post-legalization pot cases: lawyer

By: Katie May


A "class issue" could be emerging in the way post-legalization cannabis offences are prosecuted, a Winnipeg lawyer says.

"I have some concern that the application of the law will end up being a class issue, that certain people will be singled out for punishment under the penalty provisions in the Cannabis Act and other people will be hit with regulatory penalties," defence lawyer Scott Paler said.

"I'm concerned that there may well be a double standard there."

His client, a 31-year-old Winnipeg man, was sentenced to 10 months in jail Tuesday for what is likely the first cannabis possession conviction in Manitoba since the drug was legalized last fall.

Rodney Clayton Felix pleaded guilty to possession of cannabis for the purpose of distribution under the federal Cannabis Act, as well as a mischief charge. He was caught with 86.3 grams of cannabis, after he reacted angrily to being 15 cents short while he tried to make a purchase at a downtown Winnipeg mall on Nov. 9, 2018.

"I have some concern that the application of the law will end up being a class issue, that certain people will be singled out for punishment under the penalty provisions in the Cannabis Act and other people will be hit with regulatory penalties. -Defence lawyer Scott Paler


Felix wanted to buy a memory card at The Source at Portage Place and gave the cashier $10, but when he found out it cost a total of $10.15, Felix cursed and ripped a speaker off the store wall.


He was arrested and police searched his backpack, finding the marijuana packaged in dime bags, a folding knife, scale, grinder, more than one cellphone and other drug paraphernalia. He was on bail at the time, facing a drug charge that was later stayed.


The federal Crown prosecutor asked provincial court Judge Dale Schille to impose a 15-month jail sentence in light of Felix's previous convictions for trafficking in marijuana and cocaine. Schille agreed jail time was necessary for Felix, saying "he is, any way you slice it, a drug dealer."

But Paler asked for a fine.

"Those types of penalties should be reserved for people who are selling marijuana on a large scale on the black market or they’re selling marijuana to people who are underage. Those types of offences, in my view, are far more grievous than the type of scenario we’re talking about with Mr. Felix, who is absolutely the lowest of the low in terms of this type of offence," he said in court.

Since there is no legal precedent for this type of case under the Cannabis Act, Paler presented Judge Schille with a copy of a that reported some sellers at the Winnipeg stop of the HempFest Cannabis Expo were ticketed and fined for selling illegal edibles in February.

The argument didn't hold up in front of the judge, who commented on the "dearth" of similar cases, but said the article "really has no correlation to the facts before me at all."

In an interview, Paler said the consequences for cannabis distribution seem to be "as severe if not more severe" than they were under the previous legislation.

Cannabis was legalized for recreational use in Canada on Oct. 17, 2018, with a personal public possession limit of 30 grams.

"They got a ticket for a little over $2,500 for violating the regulations with respect to distribution of cannabis materials (at the February cannabis Expo).... but an Aboriginal man with three ounces of pot in his backpack gets a significant jail sentence," he said, suggesting the low-level distribution of black market cannabis should be treated the same as alcohol or tobacco.

"It seems to me there's a pretty stark contrast between the way they deal with cannabis, which is a legal substance to have, an alcohol and tobacco.

"Bootlegging alcohol or selling black market cigarettes tend to end up with a financial penalty, but the perspective on marijuana is apparently much different."

"They got a ticket for a little over $2,500 for violating the regulations with respect to distribution of cannabis materials (at the February cannabis Expo).... but an Aboriginal man with three ounces of pot in his backpack gets a significant jail sentence." -Defence lawyer Scott Paler

Felix has three months left to serve of his sentence, followed by the two years of probation Schille also imposed.

"It is obviously extremely unfortunate for Mr. Felix that all of this could have been avoided had he fished 15 cents out of his pocket, because that’s the catalyst for all of this unfolding," Schille said.

Police didn't find any extra cash when they searched Felix's belongings.
 

QUAD BREATH

Well-Known Member
It will be appealed and overturned.
You may very well be right since there are many high -profile lawyers taking interest. However, what makes you so sure ?

According to the articles, "Paler doesn't believe Felix will appeal his sentence. He is expected to be released from custody in June."
 

VIANARCHRIS

Well-Known Member
You may very well be right since there are many high -profile lawyers taking interest. However, what makes you so sure ?

According to the articles, "Paler doesn't believe Felix will appeal his sentence. He is expected to be released from custody in June."
The guy is an idiot - or he had a long rap sheet. I think the law and penalty will be appealed. if not by this idiot, by the next guy. Next to nobody got 10 months for weed when it was illegal...how is what he did different from selling bootleg booze or smokes and he had less than 2 zips and he is allowed to share.
 

xox

Well-Known Member
im sure if this gentleman had enough money to bring this to a jury trial and didn't plead guilty right of the hop this sentence would have likely never occurred.
 

The Hippy

Well-Known Member
I'd say this makes EVERYTHING I've been saying about this deal. It's war on us and you!
If you don't fight back by at least BOYCOTTING you are just as bad as the scum who are implementing this unjust hypocrite monopoly they call legalization.
Disobey....and fight back by being subversive...we need to break their system ....again!
 

Jimdamick

Well-Known Member


In what is the first conviction and sentence passed in Canada for violating the possession and distribution provisions of the Federal Cannabis Act, a Winnipeg man has been sentenced to 10 months in jail for possessing 85 grams of cannabis for the purpose of distribution.

Rodney Clayton Felix pleaded guilty earlier today to possession of cannabis for the purpose of distributing. Mr. Felix was found with 85 grams of cannabis while in the Portage Place mall in November 2018. Police also found, among other things, a scale and cannabis packaging materials.

By being in possession of 85 grams in public Mr. Felix was in breach of section 8(1) of the Act which prohibits individuals from possessing more than 30 grams of dried cannabis or its equivilent in public and also section 9(2) of the Act which probhits the possession of cannabis for the purpose of distributing it contrary to the Act.

Mr. Felix faced up to 14 years in prison under the Act. The Crown Attorney sought a sentence of 15 months in jail while Mr. Felix’s lawyer argued that a simple fine was appropriate.

Provincial Court Judge Dale C. Schille recognized that there was no precedent to follow as this was essentially the first case of its kind following the enactment of the Cannabis Act on October 17, 2018. Justice Schille considered the notion of a fine as opposed to a custodial sentence to be “wholly inappropriate”.

While judges in other provinces are not bound to follow this decision, it will nevertheless serve as guidance for future cases across the country in determining sentences for those found to have breached the possession, and more notably the distribution, provisions of the Act
Having 108 (1/4 lb) grams where I live in CT is considered a Class A Felony, with a maximum penalty of 20 years for State violations, not including Federal indictments.
I envy him, because where I live 10 months is nothing.


MARIJUANA PENALTIES


By: James Orlando, Associate Analyst

You asked about the penalties in Connecticut law for the possession or sale of marijuana, including penalties related to marijuana use with drug paraphernalia.

The tables below describe the penalties for the marijuana-related offenses you described. PA 11-71 made changes involving penalties for certain marijuana offenses, including decriminalizing (1) the possession of less than one-half ounce of marijuana and (2) specified paraphernalia-related acts involving less than one-half ounce.

In addition to the fines or criminal penalties described below, the law imposes other restrictions on people who are convicted of marijuana possession or other specified drug crimes. For example, such people may be denied licensure for a family day care home (CGS § 19a-87e) and are prohibited from obtaining licensure in other areas, such as bail enforcement (CGS § 29-152f). Under PA 11-71, these restrictions do not apply to people convicted of possessing less than one-half ounce of marijuana.

The tables below only describe penalties that apply to marijuana or other cannabis-type substances, although in some cases the penalties are identical for offenses involving other controlled substances. Please see the statutes for a complete description of the offenses and penalties.

Table 1: Marijuana Possession



Description of Offense

Authorized Penalties

Possession of less than one-half ounce of cannabis-type substance

Cite: PA 11-71

First offense: $150 fine

Subsequent offenses: $200 to $500 fine (three-time violaters must attend drug education, at their own expense)

Violaters follow the procedures the law sets for infractions (e.g., they can pay the fine by mail)

60-day suspension of the driver's license or nonresident operating privileges of anyone under age 21 who is convicted of a violation (if the person does not have a license, he or she is ineligible for one for 150 days after meeting all licensing requirements)

Burden of proof is preponderance of the evidence (rather than beyond a reasonable doubt)

Possession of at least one-half ounce but less than 4 oz. of cannabis-type substance

Cite: CGS § 21a-279(c), as amended by PA 11-71

First offense: up to 1-year prison term, up to a $1,000 fine, or both

Subsequent offenses: up to 5-year prison term, up to a $3,000 fine, or both

Alternative sentence for subsequent offense: up to 3-year indeterminate prison term with conditional release by correction commissioner (CGS § 21a-279(e))

*Mandatory 2-year prison sentence running consecutively to prison term imposed for underlying offense if possession within 1,500 feet of (1) an elementary or secondary school by someone who is not attending the school or (2) a licensed day care center (CGS § 21a-279(d))

Possession of at least 4 oz. of cannabis-type substance

Cite: CGS § 21a-279(b)

First offense: up to 5-year prison term, up to a $2,000 fine, or both

Subsequent offenses: up to 10-year prison term, up to a $5,000 fine, or both

Alternative sentence: up to 3-year indeterminate prison term with conditional release by correction commissioner (CGS § 21a-279(e))

*Mandatory 2-year prison sentence running consecutively to prison term imposed for underlying offense if possession within 1,500 feet of (1) an elementary or secondary school by someone who is not attending the school or (2) a licensed day care center

Manufactures, distributes, sells, prescribes, dispenses, compounds, transports with intent to sell or dispense, possesses with intent to sell or dispense, offers, or gives or administers to another person any amount of a cannabis-type substance

Cite: CGS § 21a-277(b)

First offense: up to seven years in prison, up to a $25,000 fine, or both

Subsequent offenses: Up to 15 years in prison, up to $100,000 fine, or both

Alternative sentence: up to 3-year indeterminate prison term with conditional release by correction commissioner (CGS § 21a-277(d))

Mandatory 2-year prison term running consecutively to prison term imposed for violating the underlying crime if sale or other distribution is by non-addict adult to a minor at least two years younger (CGS § 21a-278a(a))

Mandatory 3-year prison term running consecutively to any prison term imposed for violating the underlying crime if (1) offense is committed within 1,500 feet of an elementary or secondary school, a licensed day care center, or a public housing project (CGS § 21a-278a(b))* or (2) a minor is hired or otherwise used to make the sale (CGS § 21a-278a(c))

Non-addict who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with intent to sell or dispense, possesses with intent to sell or dispense, offers, gives, or administers to another person at least 1 kilogram of a cannabis-type substance

Cite: CGS § 21a-278(b)

First offense: five to 20 years in prison

Subsequent offenses: 10 to 25 years in prison

Court cannot suspend the sentence below the mandatory minimum unless the offender was under age 18 or significantly mentally impaired at time of offense

Mandatory 2-year prison term running consecutively to prison term imposed for violating the underlying crime if sale or other distribution is by non-addict adult to a minor at least two years younger (CGS § 21a-278a(a))

Mandatory 3-year prison term running consecutively to any prison term imposed for violating the underlying crime if (1) offense is committed within 1,500 feet of an elementary or secondary school, a licensed day care center, or a public housing project (CGS § 21a-278a(b))* or (2) a minor is hired or otherwise used to make the sale (CGS § 21a-278a(c))

Moral of the story is Canada is easy compared to a lot of places, just don't get arrested in CT, or you will be fucked
 

Jefferson1977

Well-Known Member
Good thing this is Canada eh? Anyways you guys will legalize it federally soon enough as well me thinks. You have already legalized hemp, so that is a start.

20 years for 1 kg of pot that is nuts. I have more than that in my freezer. Fuck - move to Denver, lol.
 
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The Hippy

Well-Known Member
Having 108 (1/4 lb) grams where I live in CT is considered a Class A Felony, with a maximum penalty of 20 years for State violations, not including Federal indictments.
I envy him, because where I live 10 months is nothing.


MARIJUANA PENALTIES


By: James Orlando, Associate Analyst

You asked about the penalties in Connecticut law for the possession or sale of marijuana, including penalties related to marijuana use with drug paraphernalia.

The tables below describe the penalties for the marijuana-related offenses you described. PA 11-71 made changes involving penalties for certain marijuana offenses, including decriminalizing (1) the possession of less than one-half ounce of marijuana and (2) specified paraphernalia-related acts involving less than one-half ounce.

In addition to the fines or criminal penalties described below, the law imposes other restrictions on people who are convicted of marijuana possession or other specified drug crimes. For example, such people may be denied licensure for a family day care home (CGS § 19a-87e) and are prohibited from obtaining licensure in other areas, such as bail enforcement (CGS § 29-152f). Under PA 11-71, these restrictions do not apply to people convicted of possessing less than one-half ounce of marijuana.

The tables below only describe penalties that apply to marijuana or other cannabis-type substances, although in some cases the penalties are identical for offenses involving other controlled substances. Please see the statutes for a complete description of the offenses and penalties.

Table 1: Marijuana Possession



Description of Offense

Authorized Penalties

Possession of less than one-half ounce of cannabis-type substance

Cite: PA 11-71

First offense: $150 fine

Subsequent offenses: $200 to $500 fine (three-time violaters must attend drug education, at their own expense)

Violaters follow the procedures the law sets for infractions (e.g., they can pay the fine by mail)

60-day suspension of the driver's license or nonresident operating privileges of anyone under age 21 who is convicted of a violation (if the person does not have a license, he or she is ineligible for one for 150 days after meeting all licensing requirements)

Burden of proof is preponderance of the evidence (rather than beyond a reasonable doubt)

Possession of at least one-half ounce but less than 4 oz. of cannabis-type substance

Cite: CGS § 21a-279(c), as amended by PA 11-71

First offense: up to 1-year prison term, up to a $1,000 fine, or both

Subsequent offenses: up to 5-year prison term, up to a $3,000 fine, or both

Alternative sentence for subsequent offense: up to 3-year indeterminate prison term with conditional release by correction commissioner (CGS § 21a-279(e))

*Mandatory 2-year prison sentence running consecutively to prison term imposed for underlying offense if possession within 1,500 feet of (1) an elementary or secondary school by someone who is not attending the school or (2) a licensed day care center (CGS § 21a-279(d))

Possession of at least 4 oz. of cannabis-type substance

Cite: CGS § 21a-279(b)

First offense: up to 5-year prison term, up to a $2,000 fine, or both

Subsequent offenses: up to 10-year prison term, up to a $5,000 fine, or both

Alternative sentence: up to 3-year indeterminate prison term with conditional release by correction commissioner (CGS § 21a-279(e))

*Mandatory 2-year prison sentence running consecutively to prison term imposed for underlying offense if possession within 1,500 feet of (1) an elementary or secondary school by someone who is not attending the school or (2) a licensed day care center

Manufactures, distributes, sells, prescribes, dispenses, compounds, transports with intent to sell or dispense, possesses with intent to sell or dispense, offers, or gives or administers to another person any amount of a cannabis-type substance

Cite: CGS § 21a-277(b)

First offense: up to seven years in prison, up to a $25,000 fine, or both

Subsequent offenses: Up to 15 years in prison, up to $100,000 fine, or both

Alternative sentence: up to 3-year indeterminate prison term with conditional release by correction commissioner (CGS § 21a-277(d))

Mandatory 2-year prison term running consecutively to prison term imposed for violating the underlying crime if sale or other distribution is by non-addict adult to a minor at least two years younger (CGS § 21a-278a(a))

Mandatory 3-year prison term running consecutively to any prison term imposed for violating the underlying crime if (1) offense is committed within 1,500 feet of an elementary or secondary school, a licensed day care center, or a public housing project (CGS § 21a-278a(b))* or (2) a minor is hired or otherwise used to make the sale (CGS § 21a-278a(c))

Non-addict who manufactures, distributes, sells, prescribes, dispenses, compounds, transports with intent to sell or dispense, possesses with intent to sell or dispense, offers, gives, or administers to another person at least 1 kilogram of a cannabis-type substance

Cite: CGS § 21a-278(b)

First offense: five to 20 years in prison

Subsequent offenses: 10 to 25 years in prison

Court cannot suspend the sentence below the mandatory minimum unless the offender was under age 18 or significantly mentally impaired at time of offense

Mandatory 2-year prison term running consecutively to prison term imposed for violating the underlying crime if sale or other distribution is by non-addict adult to a minor at least two years younger (CGS § 21a-278a(a))

Mandatory 3-year prison term running consecutively to any prison term imposed for violating the underlying crime if (1) offense is committed within 1,500 feet of an elementary or secondary school, a licensed day care center, or a public housing project (CGS § 21a-278a(b))* or (2) a minor is hired or otherwise used to make the sale (CGS § 21a-278a(c))

Moral of the story is Canada is easy compared to a lot of places, just don't get arrested in CT, or you will be fucked
Why not move to somewhere in the 21st century if your able. That kind of alcohol induced thinking is as antiquated as the assholes that keep pushing that on to you. I know in some states you'd think they just found plutonium or risen on you. I'd move given the choice to go other decent states where you live like a human.
 

Jimdamick

Well-Known Member
Why not move to somewhere in the 21st century if your able. That kind of alcohol induced thinking is as antiquated as the assholes that keep pushing that on to you. I know in some states you'd think they just found plutonium or risen on you. I'd move given the choice to go other decent states where you live like a human.
Fuck 'em
Let 'em catch me if they can (50 years and counting :) )
 

The Hippy

Well-Known Member
Absolutely appalling in my mind. Anway we all know it's far from legal.
Bust me before, bust me now....same old same old guys.
Imagine something is legal is you line the right pocket. I personally do not accept that!
 
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