Not sure if this is the right forum or not, and I know that there's probably not any lawyers in here, but does anyone know, say, in the state of Ohio, if someone used to grow, and someone else took pictures of the plants (but there's nothing linking the pictures the the person who was growing) and then a month or more later, the person with the pictures tries to go to the police (long after the operation has been shut down), can they be arrested and prosecuted? Oh, this was a very small operation, like 3 plants. Thanks for your help!
Can you be arrested for cannabis cultivation after you've quit?
- Thread starter drmojo
- Start date
Here's the sites you need to look at:
http://codes.ohio.gov/orc/2901.13
http://norml.org/index.cfm?Group_ID=4557
I see that your '3 plant grow' would likely be a 'minor misdemeanor' or a '4th degree' misdemeanor, depending on how it would be written up assuming you were charged. Without evidence, and pictures of 3 plants, they would be hard pressed to insist you had any more than the amounts that trigger those charges.
The statute of limitations for a 'minor misdemeanor' in Ohio is 6 months, and for the '4th degree misdemeanor' it is 2 years.
Good luck with your situation.
http://codes.ohio.gov/orc/2901.13
http://norml.org/index.cfm?Group_ID=4557
I see that your '3 plant grow' would likely be a 'minor misdemeanor' or a '4th degree' misdemeanor, depending on how it would be written up assuming you were charged. Without evidence, and pictures of 3 plants, they would be hard pressed to insist you had any more than the amounts that trigger those charges.
The statute of limitations for a 'minor misdemeanor' in Ohio is 6 months, and for the '4th degree misdemeanor' it is 2 years.
Good luck with your situation.
It seems to me if there was nothing in the images linking the person to the grow they would not be admissible. If something in the residence was in the background..anything identifiable even a refridge with an identifying mark on it..they might prove the grow was in that residence but would still have to prove who the grower was and when the pix were captured. Most digital image files have capture date info in them but not the re-prints. Some re-prints have the processing date but not the capture date. Does any of that make any sense DD
Testimony of the person who took the pictures would authenticate them, assuming the photographer wasn't impeached on the stand.
G
good drown
just 1 persons word and nothing else should not be enough. they will investigate you more, check your power bill, and other things, most likely wont find shit, so they wont be able to get a warrant. they need a warrant to let them in your house.
ex-girlfriend??
ex-girlfriend??
One person with some pictures of three pot plants isn't going to stir the police up. It's certainly not enough evidence by itself that a DA is going to take it to court. Especially since you aren't gwoing right now. The most I could see them trying to do is a knock n talk. I wouldn't worry about it.
I would however have to put your buddy in a world of pain (unless it's a girl).
I would however have to put your buddy in a world of pain (unless it's a girl).
Senor_Bueno
Member
Jealousy is a dangerous motive!
ToughGirl
Member
You can't be arrested because of a picture. Unless it's a picture of you murdering or raping someone, or child porn or something. You can have a huge growroom in your house, as long as there is no MJ or seeds around it's perfectly legal. Most of the time cops don't even care about a couple of plants in someones basement. It's people with lots and lots of plants that concern them. To arrest someone and prosecute them costs 1000's of dollars in man hours, unless they just accidentally stumble upon it. A picture won't do it.
it's ohio bro you can have up to a 1/4lb and it's like a parking ticket $100 fine and they take your meds away.
deny deny deny. if there is nothing incriminiating then say it's a jealous ex, disgruntled friend who took it off the internet and is trying to fuck you.
police in Ohio don't care about 3 plants unless you are in some little shit town somewhere and the local copshop has nothing better to do.
deny deny deny. if there is nothing incriminiating then say it's a jealous ex, disgruntled friend who took it off the internet and is trying to fuck you.
police in Ohio don't care about 3 plants unless you are in some little shit town somewhere and the local copshop has nothing better to do.
I wouldn't even sweat it... Ohio's one of the best states there as far as states who havent legalized medical use yet... as far as your security concern, just lay off for a little bit and cut off all contact with whatever witch is holding pics of 3 pot plants over your head. You need to make them forget you exist...
And the only way youre going to see jail time w/ misdemeanors is if you have some shitty priors... a traffic ticket is a misdemeanor fwiw
And the only way youre going to see jail time w/ misdemeanors is if you have some shitty priors... a traffic ticket is a misdemeanor fwiw
This is a great question...
K+This rest is kind of irrelevant / circumstantial and depends on context... sorry cant help you there... but the question is great.
In the UK possession is 9/10ths of the law.
M
movingtocally
As a former resident, I wouldn't' count on it. Ohio is a state on paper that is decent but in reality not so much, generally speaking. A man here did 3 years on 4 plants, for example. If you have anything more than a few grams they'll generally charge you with intent to distribute which renders the "norml" listed guidelines moot.
What were the priors? Did he own a scale? Did he have baggies all over the house? Did he sell(even a little bit)? Did he have guns? Do you know? You're leaving out a lot and I mean a LOT of details.
And EVERYONE ANYWHERE with more than a handful of grams gets charged with intent to distribute... but with a decent lawyer and no evidence for them to support this it is almost always thrown out...
3 years for 4 plants.. that hardly ever happens in shitty states my man without a little more dirt if you know what I mean.
And no, the laws on the books aren't moot.
The details vary state-to-state in terms of any applicable statute of limitations, but the short answer is "yes".
The devil is in the details of whether or not the police will choose to open an investigation or book the charge. Whether the prosecutor feels the evidence is sufficient to obtain a conviction and whether or not prosecutorial discretion should be exercised in favor of laying the charge(s) may also be determinative.
If there is a child custody issue involved and the issue is raised in the context of the best interests of the child, the standard through which the evidence is assessed changes from one of "beyond a reasonable doubt" to whether or not it is "more likely than not" that the offenses complained of took place. Then this is not a criminal matter, it is a civil one where the evidence relates only tangentially to MJ.
So it's a real dog's breakfast.
If the thrust of your question is: "can my Ex rat me out and put my ass in jail by showing pictures of a small grow op to the police?" the answer is: yes, she could and yes, that might have that effect. Whether it will necessarily have that effect or not depends on a number of factors, some of which relate to the statute of limitations in the jurisdiction, the practical nature of the evidence, (the details of which you have not told us) and the manner in how the complaint comes to the attention of the authorities and their reaction to it.
Many police officers are loath to become involved in a family law squabble where a minor offense is sought to be used by one party as a weapon against the other in civil proceedings. I might add, the threat of going to the police to report a crime in order to secure or receive a benefit in a civil law context is actually a much graver criminal offense: it's called extortion. That's the technical term for blackmail. For obvious reasons, most police officers and prosecutors do not wish to be part of such schemes. In some instances, they do lay a charge after being provided with the complaint -- against the complainant for extortion.
Some of the factors in play also relate to the subjective decision making process of both the police and the prosecutor - and those decisions are both unpredictable and, in any event, almost always unreviewable in a court of law.
So, "yes" and "maybe", are the answers. I expect that will do nothing more than make you feel more uneasy. Sorry about that.
As always, if you have specific concerns, you should consult a lawyer licensed to paractice in the jurisdiction in which you reside (where the offense took place) and obtain his or her opinion, based upon a more fulsome and privileged disclosure of the facts to your attorney.
The devil is in the details of whether or not the police will choose to open an investigation or book the charge. Whether the prosecutor feels the evidence is sufficient to obtain a conviction and whether or not prosecutorial discretion should be exercised in favor of laying the charge(s) may also be determinative.
If there is a child custody issue involved and the issue is raised in the context of the best interests of the child, the standard through which the evidence is assessed changes from one of "beyond a reasonable doubt" to whether or not it is "more likely than not" that the offenses complained of took place. Then this is not a criminal matter, it is a civil one where the evidence relates only tangentially to MJ.
So it's a real dog's breakfast.
If the thrust of your question is: "can my Ex rat me out and put my ass in jail by showing pictures of a small grow op to the police?" the answer is: yes, she could and yes, that might have that effect. Whether it will necessarily have that effect or not depends on a number of factors, some of which relate to the statute of limitations in the jurisdiction, the practical nature of the evidence, (the details of which you have not told us) and the manner in how the complaint comes to the attention of the authorities and their reaction to it.
Many police officers are loath to become involved in a family law squabble where a minor offense is sought to be used by one party as a weapon against the other in civil proceedings. I might add, the threat of going to the police to report a crime in order to secure or receive a benefit in a civil law context is actually a much graver criminal offense: it's called extortion. That's the technical term for blackmail. For obvious reasons, most police officers and prosecutors do not wish to be part of such schemes. In some instances, they do lay a charge after being provided with the complaint -- against the complainant for extortion.
Some of the factors in play also relate to the subjective decision making process of both the police and the prosecutor - and those decisions are both unpredictable and, in any event, almost always unreviewable in a court of law.
So, "yes" and "maybe", are the answers. I expect that will do nothing more than make you feel more uneasy. Sorry about that.
As always, if you have specific concerns, you should consult a lawyer licensed to paractice in the jurisdiction in which you reside (where the offense took place) and obtain his or her opinion, based upon a more fulsome and privileged disclosure of the facts to your attorney.
J
JackTheGrower
Now that's a nice reply F.
There was a joke I liked.. Don't tell anyone but post a lot of pictures on the Boards!
LOL sort of true.. Sorry to read about your struggles..
Best wishes.
There was a joke I liked.. Don't tell anyone but post a lot of pictures on the Boards!
LOL sort of true.. Sorry to read about your struggles..
Best wishes.
Get everything out of your house, and maintain that she must have placed them there for the photo when you were not there--
Don't cop to anything--
Don't cop to anything--
you should be fine. The thing to remember here is DONT LET PEOPLE AROUND YOUR GROW. If they ask to take pics say no. If they wonder into your out door grow and start taking pics with out asking break their fucking camera and throw some cash onthe ground like in god father part one. Then tell them to get the fuck outta here. lol
Thanks for all the helpful replies everybody! Yeah, I know it sounds like an ex, haha, it's actually my current girlfriend's mom. The whole thing is a very complicated and bizarre situation that would take WAY too long to explain, but this crazy lady, who smokes a lot herself, and who has grown herself pretty recently, actually snuck into my house and took these pictures, apparently. I have no evidence other than her word that these pictures even exist, although I have no reason to doubt that they do, and knowing what she's capable of, I'm sure that they do.
But basically, she's recently decided that she hates me and that I'm the devil or something stupid like that, so periodically she'll call me up at work and start screaming at me and cussing me out and telling me how she has pictures and she's gonna "slap a felony on my ass". I haven't been that worried this whole time, because I figured I've got plausible deniability due to a couple of factors, but she's been making a lot more noise lately and getting a lot more unstable and I feel like I have to actually seriously consider what would happen if she did decide to go to the police.
Without seeing the pictures, I can't know whether or not they are definitely linkable to my house, but I'm not in the pictures obviously, so theres really very little that could link it to me. I am glad to see that even if they did go after me, it couldn't possibly be a felony charge, and (since these 3 plants were pretty small, think micro-grow) it would almost certainly just be a minor misdemeanor. I almost wish it would happen just so I could be like "suck on that bitch."
Also, I'm not in bumblefuck Ohio, I actually live in Columbus, so I'm thinking that the police and district attorney's office have a lot better things to do than pursue prosecuting someone who may or may not have had a very small clearly non-commericial grow going on in his basement that there's no true evidence of linking it to him. So yeah, I'm not too worried, I just wanted to know if anyone had any insight into what could happen if worse comes to worst. Alright, thanks for all your input, I'll definitely be keeping any eye on this thread!
But basically, she's recently decided that she hates me and that I'm the devil or something stupid like that, so periodically she'll call me up at work and start screaming at me and cussing me out and telling me how she has pictures and she's gonna "slap a felony on my ass". I haven't been that worried this whole time, because I figured I've got plausible deniability due to a couple of factors, but she's been making a lot more noise lately and getting a lot more unstable and I feel like I have to actually seriously consider what would happen if she did decide to go to the police.
Without seeing the pictures, I can't know whether or not they are definitely linkable to my house, but I'm not in the pictures obviously, so theres really very little that could link it to me. I am glad to see that even if they did go after me, it couldn't possibly be a felony charge, and (since these 3 plants were pretty small, think micro-grow) it would almost certainly just be a minor misdemeanor. I almost wish it would happen just so I could be like "suck on that bitch."
Also, I'm not in bumblefuck Ohio, I actually live in Columbus, so I'm thinking that the police and district attorney's office have a lot better things to do than pursue prosecuting someone who may or may not have had a very small clearly non-commericial grow going on in his basement that there's no true evidence of linking it to him. So yeah, I'm not too worried, I just wanted to know if anyone had any insight into what could happen if worse comes to worst. Alright, thanks for all your input, I'll definitely be keeping any eye on this thread!
