As a grower, how do you deal with incoherent/wacky state laws covering growing and possession?

[MidIN2]

I'm in the reddest of the red states, and we make it happen, if CVS can sling it then I can smoke it in my home is how I see it.
Plant counts it seems like a waste of worry unless a friend isn't so friendly and turned you in, even then that seems petty to even try to fine or arrest for, unless like a Walmarts worth of crop.
But that's me. As long as there are over priced dispensary fees and etc around my state, the home growers still have a chance.

 

[Bill.de.Cat]

Well, if they do not have a warrant and there are no exigent circumstances, Then yes, any evidence that they find could be suppressed once you reach trial.

And that's why you pull out your phone and video police in any encounter you have with them! And you must give them a friendly reminder to them that they will lose their qualified immunity if they pursue matters further. Knowing a few case law precedents pertinent to your federal court region, will only bolster your case and make them think twice before they violate your constitutional rights. Now, if you have a real stupid officer, He may just complicate things and go ahead and proceed with what he had planned. It's definitely best to try to quash things at that moment, rather than deal with the courts.

That's why fencing, locked gate and no trespassing signs are your best defense against unwanted intrusions by anyone. Most cops are just too damn lazy to pursue something that might be a bit difficult.

Speaking on the exigent circumstances, one avenue where they could gain access to your property without a warrant could be a "welfare check". When I had that tree that decided it wanted to visit my living room, I had a bit of a emotional crisis to develop , so I called the Veterans Crisis Hotline to talk things out. The person on the other end I'm sure had well intentions, but she started to talk about a welfare check. The next 10 to 15 minutes, not working on the problem that I had, but trying to convince this person that sending men with guns it's just not in my best interest! There are multitudes of examples where law enforcement go to do a welfare check on someone and they end up killing that person! After getting nowhere with this person, I requested to speak with their supervisor. Luckily I got someone with a semblance of intelligence that I could converse with. I explained to the supervisor that sending someone of supposed authority to a residence of a veteran that more that more than likely feels that government has not treated them fairly, is just an invite to a conflict and not conducive to solving the problem. It should be an option of last resort when the veteran person is plainly in crisis and actually needs real help.

I evidently got my point across to the supervisor and did not have no jackbooted Nazi come and visit my home late at night. Still didn't let me sleep any with that possibility hanging over my head!

And I could go into how law enforcement needs to hire more intelligent people and how qualified immunity needs to be abolished, but that would take hours to go into!

And there in lies part of the problem, no matter how egregious the violation they automatically get QI in the first trial. You have to pony up more time, effort and money to appeal where you might actually get a fair shake and they lose their QI. Can't remember which paper I read but it was 100% QI in the first trial. And they know it and exploit it.

 

[Bill.de.Cat]

I'm in the reddest of the red states, and we make it happen, if CVS can sling it then I can smoke it in my home is how I see it.
Plant counts it seems like a waste of worry unless a friend isn't so friendly and turned you in, even then that seems petty to even try to fine or arrest for, unless like a Walmarts worth of crop.
But that's me. As long as there are over priced dispensary fees and etc around my state, the home growers still have a chance.

As a grower small time supplier I'm still pushing for legalization. At that point I'll take a trip to check their prices to see if I need to adjust. seeing asit's 40 miles to the closest dispo, I've already got a + on my side.

 

[MidIN2]

As a grower small time supplier I'm still pushing for legalization. At that point I'll take a trip to check their prices to see if I need to adjust. seeing asit's 40 miles to the closest dispo, I've already got a + on my side.

Im for mom and pop dispensary, rather show case my own then someone else doing it, on the store front side that is. Word of mouth will always sell better than flashy signs where I'm from. I do use neighbor states dispensaries to compare my products with. The state to my west runs a lot of ethos genetics and so do I. So far honestly I would put mine against them anyway. I also use them to try new genetics , grab a 1/8 for the price of seeds, if it's good then I order the genetics

 

[Bill.de.Cat]

Im for mom and pop dispensary, rather show case my own then someone else doing it, on the store front side that is. Word of mouth will always sell better than flashy signs where I'm from. I do use neighbor states dispensaries to compare my products with. The state to my west runs a lot of ethos genetics and so do I. So far honestly I would put mine against them anyway. I also use them to try new genetics , grab a 1/8 for the price of seeds, if it's good then I order the genetics

I've had 2 med customers come back to buying mine after adding up the actual costs and the fact that one of them got moldy bud that the clerk told her it was the trichrome frosting...all it took was a magnifying glass to show her the fuzziness.

 

[WildBill]

But does lecturing, threatening police with legal action, filming them, citing constitutional rights, etc. actually work; not often result in needless escalation? These are overt actions criminals (growers) with something to hide should not be doing. I presume you live in a rural area in a Western state(?). Do local judges actually let off drug manufacturers caught in the act because of whining about trespassing, such as if police jumped a fence to knock on your door to ask about something and from there somehow (such as because it was not out of sight) you ended up busted for growing?

And why take such adversarial and confrontation-risking attitudes when police coming around without a warrant most likely just want your assistance with some other community policing matter? To me, refusing entry and locking yourself in adds risk of a stand-off or confrontation (call in the SWAT team), makes them suspect (rightly) that you are hiding something criminal, etc. Do you at least put your phone number on trespass signs so police, firemen, electricity meter readers, your neighbors, etc. can call you, ask for you to come out and talk or let them in, or just totally deal with their interest over the phone?

You'd probably make a pretty good cop! I'm joking, but that is kind of the mindset that police have.


You are correct that when you confront cops that are trying to violate your constitutional rights and you stand up to them when they are trying to violate your constitutional rights, they always think about what do you have to hide.

If you don't stand up for your rights, the cops sure as hell will not! That's what they are supposed to do, but that's not really the case most of the time.

I think you're missing the point. And that's perfectly understandable, since you are not an American citizen.

That's why we fought the American Revolution against the most powerful nation in the entire world at the time, the British Empire.

Our Constitution is a bit different. Our founding fathers State that our rights are Inalienable Rights****** given by God.
Our Constitution does not give the citizens their rights, it restricts what the government can do to and with the citizens.
At least that is the way it is supposed to work!!



Inalienable Rights****** Personal rights held by an individual which are not bestowed by law, custom, or belief, and which cannot be taken or given away, or transferred to another person, are referred to as “inalienable rights.” The U.S. Constitution recognized that certain universal rights cannot be taken away by legislation, as they are beyond the control of a government, being naturally given to every individual at birth, and that these rights are retained throughout life.

 

[WildBill]

And there in lies part of the problem, no matter how egregious the violation they automatically get QI in the first trial. You have to pony up more time, effort and money to appeal where you might actually get a fair shake and they lose their QI. Can't remember which paper I read but it was 100% QI in the first trial. And they know it and exploit it.

First of all, before you can strip them of their qualified immunity, which is civil, you have beat the criminal case.

It's pretty easy to get them stripped of qualified immunity if there is case law. The problem comes in that the case law must be in your federal district and must be pretty similar to your actual case.

Let's give a common example of filming the police. In every federal district there is many examples of case law that has backed up the rights of citizens to photograph police and government employees, in performance of their governmental roles. It should be common knowledge by all law enforcement that citizens are allowed to film them in their daily duties. So as long as you are not physically interfering with them doing their duties, then you should be fine and they should leave you the hell alone. In some states, the legislature has tried to enact restrictions on how close you can be, but the Supreme Court has shot that down in every single case.