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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
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Experience:  BCom (UCT) LLB (UCT)
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my friend just got busted for possession of marijuana, he had

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my friend just got busted for possession of marijuana, he had maybe 3grams of weed on him and a little marijuana plant,what can he expect?
Submitted: 3 years ago.
Category: South Africa Law
Expert:  CaseLaw replied 3 years ago.
Hi there,

Well, it really depends on the circumstances. Were you growing the plant? Was it in soil? Were you harvesting the plant? Were you selling the Marijuana?

Were you simply in possession of Marijuana, for your own use, or were you a dealer where you were actively growing and selling the Marijuana to other people.

There is a wide range of charges, from possession to dealing.

Did the 3 grams of Marijuana include that of the plant? Or not?

There is accordingly a wide range of sentances, anywhere from a suspended sentance to 10 years in jail - depending on the circumstances!

My advice would be to hire an attorney in order to secure you bail (if you were not released alread), and then to advise you further once you've receive the official charges.

Yours faithfully,


GoldLaw


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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 906
Experience: BCom (UCT) LLB (UCT)
CaseLaw and other South Africa Law Specialists are ready to help you
Customer: replied 3 years ago.
I grew the plant, it was in my room, the weed(about 3 grams) were also found in my room, the plant was grown in water(a home made hydrophonic system, can only sustain one plant) now me and my friends smoke marijuana, so we are regular users.

They also found all my old bankies(a plastic bag in which the weed is sold) we never sold weed, although the amount of bankies and the plant might indicate otherwise

the weed was baught from a dealer, the plant itself is to small to produce marijuana buds
therefor can not be sold or smoked

while I was at work my friend notified me of the insident and I called back, I spoke to the officer in charge and he told me to hand myself over when I get off work

so its not just one question I would like to know if I should hand myself over and also what charges might accure

like I said, I was caught for possession and using marijuana and I have one small, not matured, plant
Expert:  CaseLaw replied 3 years ago.
Hi again,

The police obviously know who you are, and where you live, and they have already got evidence from your room.

My advice: go hand yourself over to the investigating officer. If you don't, they will come and arrest you in the early hours of one morning, or they will arrest you at work.

Also, if you assist in handing youself over to the police you can use this as a mitigating factor when it comes to sentancing.

You will most probably be charged with possession of weed.

The police will need to prove that you were a dealer if they want to convict you of that. I don't think that they will be able to do this, as most of the evidence suggests that you were purchasing weed, and using it for your own purposes.

I think that you will simply be charged with possession of 3g of weed.

As a first time offender, you could be a candidate for some sort of alternative sentancing program, where you will have to do community service or something, and you won't end up with a criminal record.

You would need to speak to the prosecutor, or senior prosecutor, in order to arrange this! Perhaps you should hire an attorney in order to assist in this regard as a criminal record is not the best thing in the world.

Good luck and regards,

GoldLaw
Customer: replied 3 years ago.
Thank you for the help

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