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Anonymous #1

The full story. Will this be a federal case?
    #14180235 - 03/25/11 03:01 AM (12 years, 10 months ago)

I'm posting under anon even though some of you know who I am.  I am in such terror over my case that it's unreal and I can't seem to find anything to calm my nerves, or give me input as to how this is going to go down, even my lawyer just says he doesn't know....I'm thinking about firing him.  This is in Ohio.


I was on a treatment in lieu of conviction sentence in one county, and as soon as I was sentenced to this my house got raided in another county.  Does this mean I was under disability even though I was technically not convicted yet? 

In the raid they found 1/2 lb of mush or so, 3 different strains in three different bags and one chocolate bar.  There was .5 grams of mescaline in the house, 5 firearms one was loaded but not one have been shot in 15+ years.  The guns belonged To the owner of the house who consented to the search, but they were in my room.  Also found was a scale, a jar of stems, a spore syringe, 10+ boxes of ammo, a bong with jwh resin, 2 sniffers with special k residue, and misc paraphernalia, and a whip cracker they took. They also took my mushroom hunting field guide.

When I pulled into my drive way I had two minors with me because I was taking them on a winter vacation and my vehicle was surrounded as soon as I pulled in.  I was told to get out of the car, as was one of the minors who was my sister, she was put into cuffs at gunpoint and searched without them knowing how old she was.  They searched my vehicle and found 4 grams of jwh powder before it was illegal, 4 grams of ketamine in my wallet, 6 doses of cid in my wallet, and in my bookbag I had 4 grams of MJ and a pipe.  In my script bottles I had 3 adderall pills, and about 20-30 ativans ( I am rx'ed meds and forgot I put those in with them ).  They also found a box of bags with only one bag taken out. 

They took my phone which had no contacts saved but a lot of bad texts....maybe about 50 or so indicating business.


This is my second offense, the prior offense being why I was on a diversion program, and I really don't know what to expect.  Could this case go federal?  It's been three months since the raid and I still haven't heard from the police.  I don't know what is going on.....I feel like this is going to be bigger then I even fear it is.  I feel like with the minors and the guns in the house I'm looking at a serious stretch, and I am almost considering firing my lawyer and actually running for it.  I can't do the time....not the time I fear I'm going to get.

I've been seeing a drug counselor for over a year, before I got in trouble, I've been volunteering, and all my fines are paid in the other county.  I just feel like I'm going away for at least 5 years and it seems to me thats worth running for.  I just don't know if it's going to stay in a common pleas court, or if I'm going to see a federal judge or not.


Any input is greatly appreciated, and I know I fucked up in so many ways, no need to remind me.


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Anonymous #1

Re: The full story. Will this be a federal case? [Re: Anonymous #1]
    #14180252 - 03/25/11 03:08 AM (12 years, 10 months ago)

Also my lawyer said there is no way in hell, but is my phone tapped?  Would my internet be being watched?  Do cars drive by my house every hour and see whats going on?  Could my room be bugged after they raided it?


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InvisibleEpilson Lyrae
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Re: The full story. Will this be a federal case? [Re: Anonymous #1] * 4
    #14180883 - 03/25/11 08:25 AM (12 years, 10 months ago)

Federal charge- No
Minors in the car- Why couldn't you drive your sister around? So long as they weren't on drugs or you weren't selling to school children and shit, how would that even come into play other than in your mind?
They are always going to try and take guns and anything else that they find to make their case and to protect themselves and the community.
I'd imagine that you weren't being a street thug and carrying a pistol around every where that you went were you?
Your lawyer will get it sorted out and then they will hit you with some hefty charges but even if it went to a Federal level, Most likely I think that you would get less time that way.
the weed shouldn't be a big deal, the JWH wasn't illegal, the rx's are yours but should always be in their respective bottles, the field guide and the cracker also not a big deal.
The rest of the stuff, the cid, the K, the mesc, the scale, the baggies, the texts... well, that's bad.
The prosecutors will try to paint you as bad a color as they can and when you do see their list of charges, you may faint.
That is their job and they do it all too well.
Yes, you are most likely looking at a prison stretch but you can do it. Five years is two and a half minus some more good time. No, it's not easy or fun but you can do it.
Yes, they are probably watching you very closely but I have no idea if they would monitor your electronic communications or not. Just don't do or say anything illegal and you don't have to worry about it. There's no wrong where there is no wrong, right?
If your doctor will give you a rx for some benzos and you won't abuse them then you should ask. Avoid the amps at all cost because you need to relax and the add meds most likely have the opposite effect and are adding to your stress.
I wish that I had difinitive answers for you but I don't. Everything I am saying is based on mho and experience with the legal system.
Let your lawyer figure it out and try to stay as calm as you can although I know how difficult it is.
Are you in contact with your lawyer? He or she should know something as they are in constant contact with the state's attorneys.
But don't run bro. You will only prolong this fear and trepidation that you are feeling and I don't know how anyone could make it a lifetime on the run. Everyone who has ever been in your shoes has had the same urge so it's not uncommon but don't.
Suppose that you made it 5 or 10 years and had met a wife, got a good job and had a kid and you get nailed then. My point is that your life is going to get better as time goes on and that by prolonging it, you will have much more to loose and the time will be much hardr to serve.
If you are who I suspect that you are, you will be fine even if you have to serve some time. Prison is different than county. It's scary as fuck and not a good place to be but you adapt and you find ways to cope. If you have even a grain of spirituality then I recommend that you begin to foster that relationship. I'm not saying get jailhouse religion or anything like that but it's vital to have something to hold on to, something to believe in, something to keep hope and peace in your heart.
I wish that I had better answers for you but hang in there brother.
Call your attorney and talk to them. See if they have heard anything and if so what. If they haven't, then politely ask them why.
It is better to know than to fear.
You are in my thoughts and prayers.


--------------------
"Freedom is something that dies unless it's used." H.T.
I've come to believe that the heart is the filter of the enlightened mind. Epilson Lyrae


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Anonymous #2

Re: The full story. Will this be a federal case? [Re: Anonymous #1]
    #14181507 - 03/25/11 11:13 AM (12 years, 10 months ago)

No on the Federal charges. What state was this in?


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OfflineBipolarbear
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Re: The full story. Will this be a federal case? [Re: Anonymous #2]
    #14193390 - 03/27/11 05:10 PM (12 years, 10 months ago)

What's the sentencing for intent to traffic in Ohio?  I don't know what to tell you I know which case you are talking about too.  If you can't do the time and are considering running you really need to think this out long and hard.  Have you even thought where you would run to?  You would have to leave the country and never come back you realize.  Some might say you could just run away to another state but I think you would be playing with fire doing that. 

First things first, get your lawyer to get an answer from the prosecutor on your case and see what is going to happen with your case so you know what you're working with.


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InvisibleEpilson Lyrae
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Re: The full story. Will this be a federal case? [Re: Bipolarbear]
    #14193633 - 03/27/11 06:15 PM (12 years, 10 months ago)

An old drunk said:
Call your attorney and talk to them. See if they have heard anything and if so what. If they haven't, then politely ask them why.
It is better to know than to fear.
You are in my thoughts and prayers.

Quote:

Bipolarbear said:

First things first, get your lawyer to get an answer from the prosecutor on your case and see what is going to happen with your case so you know what you're working with.




--------------------
"Freedom is something that dies unless it's used." H.T.
I've come to believe that the heart is the filter of the enlightened mind. Epilson Lyrae


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InvisibleEpilson Lyrae
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Registered: 04/07/09
Posts: 5,561
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Re: The full story. Will this be a federal case? [Re: Epilson Lyrae]
    #14193635 - 03/27/11 06:15 PM (12 years, 10 months ago)

Fear is a mind fuck tool.


--------------------
"Freedom is something that dies unless it's used." H.T.
I've come to believe that the heart is the filter of the enlightened mind. Epilson Lyrae


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Anonymous #3

Re: The full story. Will this be a federal case? [Re: Bipolarbear]
    #14203993 - 03/29/11 02:21 PM (12 years, 9 months ago)

Quote:

Bipolarbear said:
What's the sentencing for intent to traffic in Ohio?  I don't know what to tell you I know which case you are talking about too.  If you can't do the time and are considering running you really need to think this out long and hard.  Have you even thought where you would run to?  You would have to leave the country and never come back you realize.  Some might say you could just run away to another state but I think you would be playing with fire doing that. 

First things first, get your lawyer to get an answer from the prosecutor on your case and see what is going to happen with your case so you know what you're working with.




Ya and plan a route of escape. How will you get money/support once you get where you're going?

I doubt the thing will go federal because the feds weren't doing the investigation to begin with.

I doubt the minors thing will come into play too badly. If they can't prove you were doing drugs in front of them or intoxicated at the time then it will be harder to complain about the fact that they were there. The whole philosophy is that if you're under 18 you're too impressionable to be able to resist anything that could turn self-destructive, which of course is BS. If they weren't "exposed" via their sense organs then there's less attention given.


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Invisiblemaug
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Re: The full story. Will this be a federal case? [Re: Anonymous #1]
    #14205976 - 03/29/11 08:49 PM (12 years, 9 months ago)

Quote:

Anonymous said:
The guns belonged To the owner of the house who consented to the search, but they were in my room.





Get a good lawyer. What did they say about the illegal search? You have your own right to privacy in your room, your landlord, mother, or girlfriend can not wave your rights for you. Unless there is something specifically allowing this in your lease, then you have the right to your own privacy. Legally, your room is seen as a separate container from what your landlord owns. This really depends on if they had a warrant or not. If they did, then you may be able to question the validity. You may be able to make this whole case go Jinga by pulling out this bottom peg. Not to mention, sue your landlord and file a grievance claim. This needs to be fought from day one in court, or it may be too late. If you succeed, all the evidence will be found admissible in court, and in a criminal court that's like saying it never existed.

Unfortunately, you are going to need to go against cops who are an expert witness, and you're going to already be seen as guilty in the eyes of the judge and jury because you had the contraband. People trust cops, even though they make mistakes like all other humans. There is a lot of fear mongering and dishonest readings by lawyers in courts, sad to say. They will play out the evidence in the best way they can for helping them win a case. My digital forensics teacher has given a few examples of the lawyer trying to twist his words and put things in his statement that he didn't really say, because it demonized/villinized the defendant (in this case, the defendant was caught with child porn during a custody battle)

There are a few federal laws which could be brought in. The Interstate commerce act allows the federal government to regulate any substance that could conceivably be trafficked across state lines. Spore syringes and drugs fall into this category.

The General Welfare Clause allows the federal government an undefined amount of power, so long as they can justify their actions as being in the general welfare of the public.

The Alien and Sidition Act allows them to do anything to you if you are guilty. Recent development to this act allow the federal government to treat you as a terrorist, which in a time of war like this allows them to not give you fair trial or punishment/treatment because they can treat minorities, illegal aliens, and drug offenders like terrorists.

You may wish to take this to the drug courts, but the outcome of this 100% depends on the judge. Drug courts are designed to offer treatment, and are intended to specifically get away from meaningless and harsh punishments. Ohio is a bad state for this, because there are many "just say no" conservative people. You will have "easy time" in prison though, because drug extractions and dealing is "skilled work". So long as you are tried as a citizen and not a terrorist.

SNAP OUT OF IT!! You can't be feeling "unreal" now! You need to fight this with everything you've got. If you don't, it will haunt you until the day you die. Good luck.


--------------------
I think nighttime is dark so you can imagine your fears with less distraction. -Calvin and Hobbes


Edited by maug (03/29/11 09:45 PM)


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Invisiblemaug
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Re: The full story. Will this be a federal case? [Re: maug]
    #14206026 - 03/29/11 08:57 PM (12 years, 9 months ago)

You also may want to read the book "Nullification" by Thomas E. Woods. Supposedly the state has the right to nullify/void any federal act which is unconstitutional. In reality, this is like an ant walking up to the gates of hell and telling the devil to stop. But if you represent your self, and are well informed about the law, there is a small chance. The judge may threaten to hold you in contempt for voicing statements, but you have a lot more freedom to say things in court than lawyers and expert witnesses (they know how to say things though). Again, get a good lawyer. One who doesn't sit around with his thumb up his butt. I've been repeated the court case I may one day have myself.

Honestly, I'd go to mexico. Immediately. Or at least escape while I could and live off the grid for the rest of my life. life is precious. Prison doesn't offer life.


Edited by maug (03/29/11 09:48 PM)


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Anonymous #4

Re: The full story. Will this be a federal case? [Re: Anonymous #1]
    #14213087 - 03/31/11 02:03 AM (12 years, 9 months ago)

Could be federal since guns were involved....if you don't get a state court date soon I would assume so


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Anonymous #1

Re: The full story. Will this be a federal case? [Re: Anonymous #4]
    #14213999 - 03/31/11 09:49 AM (12 years, 9 months ago)

It's been over 3 months.


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Anonymous #5

Re: The full story. Will this be a federal case? [Re: Anonymous #1]
    #14223404 - 04/01/11 09:27 PM (12 years, 9 months ago)

If the guns go into play is the only time its worth running. You're non-violent, they dont want to waste prison space on you, but they do want to put charges on you, as many charges as they can, which seems like a shit ton. The reason you havent heard from them is they're busy trying to figure out how many different charges they can give you. Its gonna look enormous at first, but most will be concurrent and you'll do a couple years max, unless the guns come into play. If the guns come into play you could run into some bad mandatory sentencing laws. You didnt have a very large weight of anything so you dont look like a trafficker because you're not. You didnt have any weight, it doesnt look like you were involved with any weight, you didnt have a bunch of cash, to them you're just a druggie hustler at most who they're gonna bitchslap with as many charges as they can. Who knows, you might even luck into a jail diversion program or part of your sentence can be done at a treatment facility. Even in prison you'll be a low risk prisoner so it wont be as bad as you're making it seem. If you run, when you get caught you'll live in super-max, but as it stands you'll be on the easiest circle of prison hell. You probably wont be with rapists and murderers, you'll be with thieves and druggies. Those shows like locked up are usually filmed where the violent inmates are. You go to prison for murder or a violent crime and you'll be put with the vicious animals. You go to prison for drugs and you'll be put with the stupid and unlucky animals.


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Anonymous #4

Re: The full story. Will this be a federal case? [Re: Anonymous #1]
    #14224422 - 04/02/11 12:54 AM (12 years, 9 months ago)

Well it can take a bit of time for the grand jury to indict you but if it has been several months that could mean that the state may be considering handing the case over to the feds....guns + drugs can easily become a fed case.


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Anonymous #1

Re: The full story. Will this be a federal case? [Re: Anonymous #5]
    #14224840 - 04/02/11 05:07 AM (12 years, 9 months ago)

Half lb of different mush is kinda weight around here......I really wasn't selling them though.  They did however find a scale in my house and 900 bucks on me.


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Invisiblet00th
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Re: The full story. Will this be a federal case? *DELETED* [Re: Anonymous #1]
    #14225342 - 04/02/11 10:22 AM (12 years, 9 months ago)

Post deleted by t00th

Reason for deletion: zomgz



--------------------
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Anonymous #5

Re: The full story. Will this be a federal case? [Re: t00th]
    #14228539 - 04/02/11 09:50 PM (12 years, 9 months ago)

If the guns dont go into play I'd be amazed if you did over two years.


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Anonymous #5

Re: The full story. Will this be a federal case? [Re: Anonymous #5]
    #14228547 - 04/02/11 09:52 PM (12 years, 9 months ago)

You'll also be the first in line for trustee and work release type programs.


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OfflineUniversalParadox
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Re: The full story. Will this be a federal case? [Re: Anonymous #5]
    #14378488 - 04/30/11 04:17 PM (12 years, 8 months ago)

4 months...any news?

Did you talk to the owner of the guns?  Will he claim ownership of the guns?


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xM��
� �V� �c�R��H�P


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Anonymous #1

Re: The full story. Will this be a federal case? [Re: UniversalParadox]
    #14378592 - 04/30/11 04:48 PM (12 years, 8 months ago)

Still heard nothing.  The owner of the guns ( also owner of the house ) said he would claim ownership of them, but Ohio state law says more then one person can possess a gun regardless of ownership.  We also have the reciepts from when the guns were purchased, and I was about 6 then.


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InvisibleEpilson Lyrae
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Re: The full story. Will this be a federal case? [Re: Anonymous #1]
    #14378851 - 04/30/11 06:12 PM (12 years, 8 months ago)

They'll prolly drop that gun bullshit. They pile on as many charges as they can in order to make your plea deal seem like a bargain and with enough charges, some will stick.


--------------------
"Freedom is something that dies unless it's used." H.T.
I've come to believe that the heart is the filter of the enlightened mind. Epilson Lyrae


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Anonymous #6

Re: The full story. Will this be a federal case? [Re: Epilson Lyrae]
    #14425568 - 05/09/11 04:52 PM (12 years, 8 months ago)

You'll be fine. like a previous poster said... they'll give you a laundry list of charges but you'll get sentenced to a minimum amount of time.


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Offlineshroommachine
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Re: The full story. Will this be a federal case? [Re: Anonymous #6]
    #14427912 - 05/10/11 01:40 AM (12 years, 8 months ago)

I'm assuming you were on the drug diversion program for felony possession. Sounds like you are gonna catch possession charges for Ketamine, LSD, and Marijuana. Probably a possession w/ intent for the mushrooms. The guns are the X factor. If they weren't stolen and you aren't a convicted felon, shouldn't be too big of a deal. The pills shouldn't be an issue because they are prescribed to you.

I was on probation with people who had similar amounts of charges. Emphasize that you have a drug problem for which you have been seeking help and ...        If you don't catch a gun charge you should do less that a year inside, but probably no inside time, just probation.


My prediction: 4 years probation with early termination in 2. The fact that you aren't in jail right now for the violation is a good sign.

Stay hopefull.


--------------------
And I said, I don't care if they lay me off either, because I told, I told Bill that if they move my desk one more time, then, then I'm, I'm quitting, I'm going to quit. And, and I told Don too, because they've moved my desk ...four times already this year and I used to be over by the window and I could see the squirrels, and they were merry, but then, they switched from the Swingline to the Boston stapler, but I kept my Swingline stapler because it didn't bind up as much and I kept the staples for the Swingline stapler and its not okay because if they take my stapler then I'll set the building on fire.


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Anonymous #6

Re: The full story. Will this be a federal case? [Re: shroommachine]
    #14449891 - 05/14/11 07:22 AM (12 years, 8 months ago)

Never fucking snitch...


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Anonymous #7

Re: The full story. Will this be a federal case? [Re: Anonymous #6]
    #14458354 - 05/15/11 07:16 PM (12 years, 8 months ago)

He got busted with a plethora of drugs and guns while on the diversion program, you tell me if he's a marc or not. We all know he's a rat. Ginger rat that is.


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OfflineAlan RockefellerM
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Re: The full story. Will this be a federal case? [Re: Anonymous #7]
    #14458616 - 05/15/11 07:54 PM (12 years, 8 months ago)

I don't think its fair to call him a narc just because he hasn't been charged yet.

You wouldn't want someone to do that to you.  : )


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Anonymous #6

Re: The full story. Will this be a federal case? [Re: Alan Rockefeller]
    #14460676 - 05/16/11 04:33 AM (12 years, 8 months ago)

I didn't call him a narc. i was just gently reminding him that it's better to go down with your balls intact like a man than start tryna put your mistakes off on someone else. i always remind everyone that gets in trouble for anything, DON'T SNITCH. If less people helped the pigs, then they would have half the convictions. Also, like someone said previously, they'll SAY you'll get leniency, but they just want you to spill beans about what u been up to and with who... you're going to jail anyway dude, just take your sentence and be done!


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Anonymous #1

Re: The full story. Will this be a federal case? [Re: Anonymous #6]
    #14461337 - 05/16/11 10:17 AM (12 years, 8 months ago)

Got charged.  Was not a federal case, and they only charged me for one gun due to it being loaded.  It's not looking good entirely speaking.  I have up to 15 years I could face, my lawyer is trying to get time suspended for intensive probation, but he said that chance is very small and I'll probably do something like 1-5.


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Invisibleliquidlounge


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Re: The full story. Will this be a federal case? [Re: Anonymous #1]
    #14461355 - 05/16/11 10:24 AM (12 years, 8 months ago)

Quote:

Anonymous said:
Got charged.  Was not a federal case, and they only charged me for one gun due to it being loaded.  It's not looking good entirely speaking.  I have up to 15 years I could face, my lawyer is trying to get time suspended for intensive probation, but he said that chance is very small and I'll probably do something like 1-5.




If i got 15 years id run away but 1-5 sounds good based on the max. you could get.


--------------------
As far as I assume to know...


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Anonymous #6

Re: The full story. Will this be a federal case? [Re: liquidlounge]
    #14462548 - 05/16/11 02:56 PM (12 years, 8 months ago)

1-5? in my area you'd just get 6-8 months inside with SUPER intense probation for like 5 years. Well good luck dude.


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