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InvisibleAhab McBathsalts
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Laws against smelling like pot?
    #2009035 - 10/14/03 05:20 PM (20 years, 3 months ago)

If you were to smell strongly of pot, but not have anything on you. Not even so much as a pack of zig zags, and you come in contact with a cop, can they bust you for anything? Like wise, would you be able to go through airport customs smelling of pot, assuming you didn't have anything on you?


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"Nobody exists on purpose. Nobody belongs anywhere. Everybody's going to die."


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InvisibleDazedSol
old hand

Registered: 08/01/01
Posts: 1,230
Re: Laws against smelling like pot? [Re: Ahab McBathsalts]
    #2009092 - 10/14/03 05:40 PM (20 years, 3 months ago)

i really dont know at all...this may be a stretch....maybe not, crazy usa laws and all....but

maybe one of the very vauge charges such as 'abuse of a controlled substance' or just 'drug abuse'........or maybe conspiracy to 'hold', or some other quear conspiracy charge...........

like i said though....i have no real idea....and have never actually seen a case with any details.....but i have seen things in the local papers 'court docket' section of things like -"man arrested in whereeverville on soandso street for conspiracy to hold an illicit substance of abuse" or "woman arrested monday from blahblah on thisthat street for "suspected abuse of a controlled substance"......


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Peace,
Adam


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OfflineChiefThunderbong
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Re: Laws against smelling like pot? [Re: Ahab McBathsalts]
    #2009458 - 10/14/03 07:55 PM (20 years, 3 months ago)

I'm reasonably sure that if your not holding anything there is nothing they can do. Whether or not smell is enough for probable cause is questionable though. If they ask, just say you smell nothing, don't admit the smell exists and try to say its cigarettes or anything.


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Offlinerommstein2001
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Registered: 05/10/01
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Re: Laws against smelling like pot? [Re: ChiefThunderbong]
    #2010346 - 10/15/03 12:33 AM (20 years, 3 months ago)

As long as u can pass a sobriety test, which is optional to take. heh.


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OfflineHarveyWalbanger
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Registered: 06/24/02
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Re: Laws against smelling like pot? [Re: Ahab McBathsalts]
    #2010855 - 10/15/03 05:45 AM (20 years, 3 months ago)

Its all atitude man. When dealing with cops, its war-time. Smell your fingers, if they smell like bud, scratch your crack. If they accuse you of smoking weed, insist you are smoking herbal stuff. It all essentially comes down to the cop, he CAN make you spend a night in jail, but his court case isnt gonna hold any water. And back in the 60s and 70s they used to be able to do house raids over simple shit like that. The law has actually calmed down some.


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OfflineSeussA
Error: divide byzero

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Re: Laws against smelling like pot? [Re: HarveyWalbanger]
    #2010875 - 10/15/03 06:23 AM (20 years, 3 months ago)

> can they bust you for anything?

In the US if a cop smells something he thinks is cannabis, then it is probable cause to make contact and detain you. A detention is somewhere between complete freedom and an actual arrest. You are not free to go along on your way, but you are not under arrest either. A cop must have cause to detain and most states limit how long a cop can detain a person without making an arrest (usually 48 hours). At this point the cop will search you, and if you are clean, polite, and have no outstanding warrants, he will let you go.


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OfflineDobie
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Re: Laws against smelling like pot? [Re: Seuss]
    #2010997 - 10/15/03 08:57 AM (20 years, 3 months ago)

well smell is all here say you know what i mean whos to say what i think weed smells like is what the police thinks weed smell like its all circumstantial


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OfflineSeussA
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Re: Laws against smelling like pot? [Re: Dobie]
    #2011023 - 10/15/03 09:15 AM (20 years, 3 months ago)

> well smell is all here say you know what i mean

No, I don't. Hear say is when I repeat something that I didn't hear first hand.

> whos to say what i think weed smells like is what the police thinks weed smell like

It doesn't matter if the cop thinks weed smells like you think weed smells like. This isn't the matrix. Cannabis has a very distrinct smell, even for humans. Most police are trained to recognize the smell. There will always be false positives from other things that sort of smell like cannabis, but the cops only need probable cause for a search.


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OfflineChiefThunderbong
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Re: Laws against smelling like pot? [Re: HarveyWalbanger]
    #2012914 - 10/15/03 09:28 PM (20 years, 3 months ago)

Quote:

insist you are smoking herbal stuff.



I disagree, I forget where it was I read it but I believe if you admit the smell exists then that qualifies as probable cause. I'm not 100% this is fact, but reasonably sure.


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Yeah spinnin' around again
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OfflineBluMonkee
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Registered: 06/23/03
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Re: Laws against smelling like pot? [Re: ChiefThunderbong]
    #2014022 - 10/16/03 08:41 AM (20 years, 3 months ago)

Just shit your pants and ask if you can sit in the backseat while you're being datained :crazy2: tell him you ate all your stash and see if he calls in a warrant on your fecal matter :lol: 


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"If I don't see ya' in the future, I'll see ya' in the pasture"


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InvisibleStranger
synthetic rthyme
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Registered: 09/06/99
Posts: 496
Loc: Texas, USA
Re: Laws against smelling like pot? [Re: BluMonkee]
    #2037212 - 10/23/03 05:51 PM (20 years, 3 months ago)

here this might help.....MOVE TO CANADA heh... cop well only question u if u are smoking pot, or some old bitch reports you have been smoking pot, and even then u might not even get questioned, depends on if ur in a richy snob neighbourhood or not...also i have been pulled over before, officer smelt dank pot, asked if i had been smoking that night, i wasen't sketchy, just told him no, he got me too wait, then came back and let me go... some cops might give u" a touch ur nose", "follow the pen" bullshit, or search ur car , but as long as u dont have anything ur fine, and if u can't pass the follow the pen test, u shouldn't be driving stoned anyway...even if they find a couple joints or a small bag in ur car, they might just give u a 24 hr suspension of license and stomp ur weed or keep it...thats why u keep all ur pot stuff in one bag that u can crouch easily when getting pulled over, = no problem..


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"If the doors of perception were cleansed every thing would appear to man as it is, infinite." Huxley


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Anonymous #1

Re: Laws against smelling like pot? [Re: Stranger]
    #2043914 - 10/26/03 02:00 AM (20 years, 3 months ago)

in maine they can bust you for 'internal possession of alcohol' if you're intoxicated, even if you dont have anything on you. dunno if theres anything like that for thc, although i suppose theyd have to piss test you or something first.


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Offlinecheech101
most likely alittle hazy

Registered: 05/02/03
Posts: 155
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Re: Laws against smelling like pot? [Re: ]
    #2043936 - 10/26/03 02:10 AM (20 years, 3 months ago)

"if your fingers smell like pot scratch your crack"

that was pretty clever


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"Long you live and high you fly
And smiles you'll give and tears you'll cry
And all you touch and all you see
Is all your life will ever be."


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Offlineorizon
shroomin bliss

Registered: 08/22/03
Posts: 876
Last seen: 18 years, 10 months
Re: Laws against smelling like pot? [Re: cheech101]
    #2056231 - 10/30/03 03:08 AM (20 years, 3 months ago)

Well Stranger is talking about driving and smelling like pot. A cop will most likely give you shit if he smells pot and your behind the wheel of a vehicle....well atleast in the US. I think the question is if your just walking down the street and smell like pot can they detain you. I dont think they can but Im not really sure. Abuse of a controlled substance and drug abuse charges I've never heard of personally. I enjoy going to raves quite often...well they are commercialized and legal (not the underground ones) and there are always cops there waiting to make a bust. There are also always atleast a handful of people who are blowing the fuck up on the side (under influence of MDMA) and it is really obvious to tell that these people are rolling....(chattering teath, laying on ground, vicks up there noise, massaging eachother, waving glowsticks over there eyes etc...) I've never heard of cops detaining somebody for being under the influence of a substance from all my years going to these parties and the cops def. know these guys are using drugs. I've never even heard of a cop searching or approaching these people rolling there face off. (basically the cops are just there to make a big bust at the door or catch a dealer) So on those grounds I would have to say No, they can not give you shit.


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Offlined33p
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Re: Laws against smelling like pot? [Re: orizon]
    #2058553 - 10/30/03 08:02 PM (20 years, 3 months ago)

Only certain states give cops probably cause to search your car if you or it smells of pot. Smell is not nearly enough to detain a person. Maybe enought to a search. Ive had weed candles which are completly legal but they smelled like very good pot and the smell stuck to anything.


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Offlineorizon
shroomin bliss

Registered: 08/22/03
Posts: 876
Last seen: 18 years, 10 months
Re: Laws against smelling like pot? [Re: d33p]
    #2059830 - 10/31/03 04:07 AM (20 years, 3 months ago)

Im not really sure what the word "detain" means....by definition, it would mean to just hold somebody or stop them from leaving. When a cop stops you on the street and tells you to wait 40 minutes while he returns to his car to write shit up or whatever...technically he is detaining you. If a cop stops you on the road and he wants to search your car....he pretty much can. Even though it is illegal, a cop can still say, "he smells pot" and use that as probable cause. Thats why, the times when I have been stopped by a cop and I have shit on me....I will hide it really good and then agree to any search. This happened once and it worked...he just glanced around then let me go. A retired cop at a bar told me one time when he was drunk that when people just openly agree to a car search, then they will most likely just look in the glove box and center console---maybe scoot some stuff around and that is about it. But if you refuse a car search, then he will say, "I see something suspicious in the backseet"...or "I smell drugs", then use that to legally search your car. Then (since you refused the search) he will scrutinize every last crack and cranny in your car for about an hour because he is now gave him a reason to be suspicious. So basically if a cop smells pot or he doesnt, he always can search your car and get away with it legally.


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OfflineSeussA
Error: divide byzero

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Re: Laws against smelling like pot? [Re: orizon]
    #2059888 - 10/31/03 05:04 AM (20 years, 3 months ago)

> Im not really sure what the word "detain" means....

In a legal sense, if a cop stops you such that you are no longer allowed to continue on your way, then you have been detained.

Examples:

If a cop puts his hands on you it is usually considered a detainment.
If you are in the back of a cop car, you are being detained.
If you get pulled over, you are being detained.
If a cop comes up to you and asks how it is going, you are not being detained. If you say something like, "Not well, I am very late and need to be going." and the cop keeps you, then you are being detained.

> he always can search your car and get away with it legally.

He can always search your car, you are correct. He can not always get away with it legally.

> will most likely just look in the glove box and center console

The one time I let a cop search my car he checked the visors, the glove box, the cracks between the seats, the cracks between the seats and the seat backs, inside all my cd cases (he also noticed the cut marks on the cd cases), under the seats, the console, the glove box, the ashtray, and the storage things on the doors. He did not search the trunk, the engine area, the back seat area, under the dash, or the bag of food I had sitting on the front seat.


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Offlineorizon
shroomin bliss

Registered: 08/22/03
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Re: Laws against smelling like pot? [Re: Seuss]
    #2059942 - 10/31/03 05:51 AM (20 years, 3 months ago)

Im just telling you what the drunk cop told me and in my mind was confirmed when I flat out agreed to search and the cop just kinda grazed over my things. The back panel of the front seat can be pulled off and I hid the little pot I had in there. Im sure it is true that they will search every spot in your car but less likely if you just agree to it. So if Im walking down the street and a cop puts his hands on me and I just keep walking can I get charged for "resisting Detainment"? (as opposed to resisting arrest)


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OfflineRoseM
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Re: Laws against smelling like pot? [Re: orizon]
    #2059964 - 10/31/03 06:10 AM (20 years, 3 months ago)

Fleeing the scene of the crime... if the cop is grumpy.


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OfflineSeussA
Error: divide byzero

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Re: Laws against smelling like pot? [Re: Rose]
    #2059977 - 10/31/03 06:38 AM (20 years, 3 months ago)

> can I get charged for "resisting Detainment"?

As cervantes said, fleeing the scene of a crime... obstruction of justice... etc...


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Just another spore in the wind.


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OfflineOook
Oook!

Registered: 08/19/03
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Re: Laws against smelling like pot? [Re: Seuss]
    #2059981 - 10/31/03 06:52 AM (20 years, 3 months ago)

In america the police are dicks, guns are legal. What more can I say?

I think over here you are allowed to be under the influence, as long as your not driving or in possesion


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OfflineGroont
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Registered: 01/30/03
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Re: Laws against smelling like pot? [Re: Oook]
    #2062828 - 11/01/03 02:08 PM (20 years, 2 months ago)

i don't think they can do anything he is using his own senses and judgement...what other evidence does he have? he does ahve the right to try and trick you with stupid tricks like a "breathaliyzer for weed" although no such thing exists they do try and trick you if you do not know your rights.


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Grow Drugs...


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Offlined33p
Welcome to Violence

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Re: Laws against smelling like pot? [Re: Groont]
    #2063810 - 11/01/03 09:19 PM (20 years, 2 months ago)

Only in some states is smell enough to allow a cop to do anything.


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Offlineorizon
shroomin bliss

Registered: 08/22/03
Posts: 876
Last seen: 18 years, 10 months
Re: Laws against smelling like pot? [Re: d33p]
    #2067168 - 11/03/03 02:48 AM (20 years, 2 months ago)

huh...thats interesting. Fleeing the scene of a crime when no crime was initailly commited. I always thought a charge would have to be pressed before deeming a location the scene of a crime. I dont think cops are really out to get people who are under the influence anyways (unless they are driving a car of course) if that was the case then they could go to a Dead concert and "detain 95% of the crowd.


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InvisibleEffedS
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Posts: 7,370
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Re: Laws against smelling like pot? [Re: Ahab McBathsalts]
    #2070472 - 11/04/03 05:37 PM (20 years, 2 months ago)

I have Di-methyl-tryptamine in my brain, does that make me illegal?  :grin:


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Offlinekb73
enthusiast
Registered: 10/18/01
Posts: 369
Loc: Abilene, TX
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Re: Laws against smelling like pot? [Re: Groont]
    #2070548 - 11/04/03 05:56 PM (20 years, 2 months ago)

Quote:

"breathaliyzer for weed" although no such thing exists




Not yet anyway...

http://www.herald.ns.ca/stories/2003/08/25/fMetro208.raw.html

Drug breathalyserin the works - Marijuana law makes device necessary, says Solicitor General

By Amy Pugsley Fraser / Staff Reporter

The federal government is pursuing development of a breathalyser for illegal drugs, the Solicitor General told a national conference in Halifax on Sunday evening.

The initiative goes hand in hand with the government's upcoming marijuana bill, Wayne Easter told a group gathered for opening ceremonies at a meeting of the Canadian Association of Chiefs of Police.

There is not yet a reliable, non-intrusive roadside method to test drivers for drugs as there is for alcohol.

"The Mothers Against Drunk Driving have complained consistently - and that's their right - about there not being a (drug) breathalyser in place," Mr. Easter said.

The government's upcoming marijuana bill would make possession of up to 15 grams of pot a minor offence that would carry a fine but no criminal record.

With the new legislation, $910,000 would be set aside for public education, better drug-detection training for officers, and research and development, the Malpeque MP said during his 25-minute speech.

Part of that money would go toward developing a special drug breathalyser for use in roadside stops.

Mr. Easter, a P.E.I. farmer before he was elected to Parliament in 1993, assured the almost 800 gathered under a huge canvas tent on the Halifax waterfront that such initiatives show that Ottawa is treating marijuana seriously.

"We don't want our kids smoking marijuana," he said.

"We've had an anti-smoking campaign in terms of tobacco, and the strategy here is to use funding to help."

The former Liberal backbencher, who replaced fellow Islander Lawrence MacAuley as Solicitor General last October, said the government is relying on the courts to follow along with its national drug strategy.

"We expect the courts to impose those penalties because they must if we are to deal with those marijuana grow operations in a big and effective way."

Mr. Easter also said police have a big part to play.

"We have to recognize that, in Canada, the enforcement in terms of marijuana laws across the country is not uniform, and we're hopeful that through this bill . . . we'll bring some uniformity and consistency for laws across the country and we hope that the law enforcement community will act on those laws."

The MP congratulated the chiefs of police - and their organizations - for their "pretty darn good" work and said Canadians should be proud of their worldwide reputation for showing police officers respect and trust.

The government is keen to work with police organizations across the country on key issues such as organized crime, border enforcement, citizen security, Internet child pornography and the new threat of identity theft.

"We have to bring all parts of the justice system into a united front to protect public safety," Mr. Easter said.

The Solicitor General's office is in charge of the RCMP, the Canadian Security Intelligence Service, the Correctional Service of Canada and the National Parole Board.


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Offlinekb73
enthusiast
Registered: 10/18/01
Posts: 369
Loc: Abilene, TX
Last seen: 13 years, 3 months
Re: Laws against smelling like pot? [Re: kb73]
    #2070593 - 11/04/03 06:07 PM (20 years, 2 months ago)

http://www.flexyourrights.org/

Also check out that page for lots of good info.

Just Say 'No' to Police Searches: http://www.flexyourrights.org/

In any given police encounter, with a few notable exceptions, a few basic rules will help protect your civil rights and improve your chances of driving or walking away safely?so you don?t have to be a legal expert to say and do the right thing. Learn how to assert your constitutional rights in each type of encounter.


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WARNING chronicshroom will rip you off! Don't trade with him! I sent him 20 spore syringes and he never sent me anything.


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OfflineDiemos
Stranger
Registered: 09/10/03
Posts: 17
Last seen: 19 years, 10 months
Re: Laws against smelling like pot? [Re: Oook]
    #2090432 - 11/10/03 07:16 PM (20 years, 2 months ago)

www.flexyourrights.org

I doubt the police would do anything, apperance, race, and additude all play a part.


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Anonymous #1

Re: Laws against smelling like pot? [Re: Ahab McBathsalts]
    #2090454 - 11/10/03 07:26 PM (20 years, 2 months ago)

smelling like pot is not a crime.

it can be used as reasonable suspicion, but is not a crime.


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OfflineSizzlinJ
walter crunkite

Registered: 05/01/03
Posts: 1,154
Loc: in miami where aint shit ...
Last seen: 20 years, 2 months
Re: Laws against smelling like pot? [Re: kb73]
    #2090967 - 11/10/03 11:19 PM (20 years, 2 months ago)

you are sadly mistaken. police do whatever they want. your websites with rules and rights mean nothing. they can illegally search you, but if they find something bad, guess what, you're fucked, no matter what. you must think that cops are good people, or something. but no, they want to make their cash and bust everyone they can. end of story. you must not've ever been arrested by a real cop before....


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G2 nigga
we runnin' miami


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OfflineChiefThunderbong
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Re: Laws against smelling like pot? [Re: SizzlinJ]
    #2090994 - 11/10/03 11:31 PM (20 years, 2 months ago)

Quote:

I doubt the police would do anything, apperance, race, and additude all play a part.




I agree, reminds me once of when I was younger. There was maybe 5-6 of us at this playground/park thing smoking and a cop came. All parephenalia was hidden, went over to the car and talked to him. Just said we were not allowed to be there after dark and we had to leave. I think he mentioned the car smelling like smoke (had been baking it out earlier), but didn't do say anything really.


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Yeah spinnin' around again
yea caught in a tailspin


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