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Anonymous #1

(il)legality of Salvia D
    #10495790 - 06/12/09 07:06 PM (14 years, 11 months ago)

I have a salvia divinorum plant which I built a humidity chamber for, I've been letting it sit outside all day about 10 feet from my vegetable/fruit garden because it doesn't get enough sun inside through the film. I've had a ton of flyovers lately, which isn't that abnormal since I live in the isolated country. Problem is, I live in Kansas and they did a very low flyover right over my chamber today while I was walking out to carry it in. SD is illegal in KS, but there's no way to tell what I have in the chamber. Is suspicion enough to get a warrant in this case? I don't have anything illegal besides my salvia plant, so that's the only thing I'm worried about.

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OfflineProf. Astro
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Re: (il)legality of Salvia D [Re: Anonymous #1]
    #10495806 - 06/12/09 07:11 PM (14 years, 11 months ago)

It depends if the chamber looks weird, but chances are no you will have nothing come of this as they are looking for live plants, not someone carrying a box.


--------------------
:hanky:

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Anonymous #1

Re: (il)legality of Salvia D [Re: Prof. Astro]
    #10495860 - 06/12/09 07:25 PM (14 years, 11 months ago)

It's a 2x2 wooden frame all the way around with some plastic hardware store film cut and stapled all the way around (fairly thick, can't see through when it's full of humidity), so I suppose it depends on your definition of suspicious. They were obviously flying over to get a closer look, because they were flying over the border of my house and an empty field which has nothing that looks like cannabis around. Like I said, they were very low and 5-10 feet or so to the left of the box. I'll have to get a closer look next time to see if I can see any binoculars from the plane's passenger side.

I do have a place to put my plant in case there's a chance of a warrant. Possibly how far away would this be, time wise? Also, could a warrant like this include any technology like a laptop? I do have evidence of other plants which may get me into more trouble than it's worth, so maybe I should just stick a few cuttings in my chamber and move everything for a few days.

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OfflineProf. Astro
acirebma

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Re: (il)legality of Salvia D [Re: Anonymous #1]
    #10496117 - 06/12/09 08:21 PM (14 years, 11 months ago)

If it was a warrant they could be there now, but you're overreacting I'm sure.


--------------------
:hanky:

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Invisiblejohnm214
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Re: (il)legality of Salvia D [Re: Prof. Astro]
    #10496181 - 06/12/09 08:42 PM (14 years, 11 months ago)

Your going to have to define "suspicion" to get an answer, but I'm not so sure your asking the correct question.



I would imagine if they were interested they would just march right up to the plant and take it or examine it as the case may be.  You've not given us enough information to tell whether that would be legal or not, but I'm guessing they could legally march right up to the plant and do whatever examination they care to do.




And yes, if a warrant is issued they will possibly include software devices. 



But seriously, is it worth it?


You'll get
1.  at least 50,000$ bail by law, minimum, unless you can prove you are not likely to reoffend This means you'll be in jail till you're convicted unless you've got 50g's
2, you'll be charged with a first degree felony,
3.  you'll not be eligible to probation, suspended sentences, or work release,
4.  You have a presumptive prison sentence of 146 months with a possible range of 154-138 months if you are the typical offender and have no criminal record.  The prison range goes up from there.  You would have 3 years of post release control monitoring.


I am not an expert on kansas law, but it seems like this is what you'd get.




Do you really want to do over ten years with no possiblity of a suspended sentence or work release and a high bail before trial, just because you like to grow salvia (more if you have any record)?

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Anonymous #1

Re: (il)legality of Salvia D [Re: johnm214]
    #10496335 - 06/12/09 09:24 PM (14 years, 11 months ago)

I really don't have any more information to give. I guess my question is, can they get a warrant for seeing an out of place (around the corner of the house to the side of my garden) humidity chamber?

I'll go ahead and move everything tonight in case of any unsuspected dawn raids.. I'd rather not be the person the courts try to make an example of.

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Invisiblejohnm214
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Re: (il)legality of Salvia D [Re: Anonymous #1]
    #10496360 - 06/12/09 09:30 PM (14 years, 11 months ago)

Not the point really.  No, a humidity chamber isn't sufficient evidence, but it seems like they could just walk right up to the humidity chamber, take the plant out, examine it, and then arrest you and take the plant.


Then it looks you your presumptive sentence (which is more than just a sentence range, its a presumption that a) you'll do jail time and b) you'll do this amount and you have to show why you should do less and the prosecutor why you should do more) woudl be over ten years with no possiblity of any of that suspended.


Is it worth it?


Unless that plant is in your curtilage, and I doubt it, they have no need for a warrant to search it or examine it, or presumably take it and send it to a lab.


They could also take it and you to jail if they had probable cause- maybe they took a leaf the previous night.


If you care about the warrant for other reasons, then yeah, once they arrest you and take the plant, or confirm what hte plant is (no warrant needed most likely) they can easily get a warrant.

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Anonymous #1

Re: (il)legality of Salvia D [Re: johnm214]
    #10496911 - 06/12/09 10:54 PM (14 years, 11 months ago)

No, I'm not worried about anything other than the plant, but as far as I know there haven't been any arrests in KS for a salvia plant yet, and I've got way too much to lose right now to be the big juicy media story because I started growing something before it was even prohibited.

Anyway, all is well and it's in a different location now  I cleared my browser history so I should be set.
Kudos to you John for doing the research.:thumbup:

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Offlinesupra
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Registered: 10/26/03
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Last seen: 13 years, 30 days
Re: (il)legality of Salvia D [Re: johnm214]
    #10501773 - 06/13/09 09:48 PM (14 years, 11 months ago)

Quote:

johnm214 said:

1.  at least 50,000$ bail by law, minimum, unless you can prove you are not likely to reoffend This means you'll be in jail till you're convicted unless you've got 50g's





Maybe kansas is different, but here, when you go to jail, you only have to pay 10% of your bail to a bail bondsman, other than drug cases, which then its 15%...which will get you out until you go to court, but better show up or have the bail bondsman after you...

peace

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Invisiblejohnm214
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Re: (il)legality of Salvia D [Re: supra]
    #10502452 - 06/13/09 11:59 PM (14 years, 11 months ago)

nope, cash or surety


kansas is crazy

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