Drug charge

[Ryan H 3,819]

Moved from IR-1/CR-1 Progress Reports to Waivers forum.

[Villanelle 4,122]

You know I thought about that after I posted it. 

But I dont think it matters what it actually is if that makes sense. The definition posted above pretty much covers everything from the plant. It would be interesting to see what the charge is. I hope the OP posts it. 

[Suss&Camm 2,213]

4 minutes ago, Damara said:

You know I thought about that after I posted it. 

But I dont think it matters what it actually is if that makes sense. The definition posted above pretty much covers everything from the plant. It would be interesting to see what the charge is. I hope the OP posts it. 

The definition above says that it doesn't include the oil though. I have no idea where the definition is from or what's right for the OP, just pointing that out.

[Villanelle 4,122]

The term “marihuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.

 

That came from https://www.law.cornell.edu/uscode/text/21/802

Its the definitions found in https://www.law.cornell.edu/uscode/text/8/1182


But anyway it says all parts of the plant -the seeds, the resin, and every compound, derivative, or preparation of the plant or seeds or resin. It doesnt include mature stalks or any preparation of said stalks. Are you saying oil in capsules like he had comes from "mature plants" and not the regular plant?

[Suss&Camm 2,213]

4 minutes ago, Damara said:

The term “marihuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.

 

That came from https://www.law.cornell.edu/uscode/text/21/802

Its the definitions found in https://www.law.cornell.edu/uscode/text/8/1182


But anyway it says all parts of the plant -the seeds, the resin, and every compound, derivative, or preparation of the plant or seeds or resin. It doesnt include mature stalks or any preparation of said stalks. Are you saying oil in capsules like he had comes from "mature plants" and not the regular plant?

I believe you could make it from both, but I do see your point now, and reading it differently.

 

oh and thanks for providing links.

Edited September 30, 2017 by Suss&Camm

[cyggie 3]

Not gonna lie this one is gonna be a tough one

 

Im going through something simillar myself : i was caught with  1/8th of hash thats about 2 or 3 grams ( i didnt weigh it).

 

If this is in the uk, your gonna have a difficult time proving weight, as depending on what you are charged with they dont weigh it.

 

Get a drug expert to comment on the facts of your case, and go to the Information Rights Unit and get all the information you can about this, They take 40 days to respond, so its never to early.

 

Then when you get an adjudicator, pray they havent heard of the drug eqvuivlency tables of the 2016 Sentencing Manual. Of the documents ive read from the AAO appeals office, the might use it to judge the drugs, as oil isnt something they usually come across.

 

In the manual it states that Hash oil 1gm is equal to 50 grams marihuanna

 

The manual is located here

 

https://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2016/CHAPTER_2_D.pdf

 

Good luck, you have a long road ahead of you.

Edited October 1, 2017 by cyggie

[Back2back 1]

Thanks for that Cyggie. Not looking good is it? I'm in NZ, so could be similar to the UK. I'm pretty sure its not weighed here.

Also as far as I know they just call it cannabis oil so will be hard to determine exactly what definition it will come under.

 

Are you applying for waiver for your case or still waiting on interview?

[Back2back 1]

Yep guess that's all it will say.

 

[cyggie 3]

6 hours ago, Back2back said:

Thanks for that Cyggie. Not looking good is it? I'm in NZ, so could be similar to the UK. I'm pretty sure its not weighed here.

Also as far as I know they just call it cannabis oil so will be hard to determine exactly what definition it will come under.

 

Are you applying for waiver for your case or still waiting on interview?

 

Im so sorry to have alarmed you - i read that this was over 30 years ago!

 

I think you should be okay really, but you wont know untill you actually apply.

 

i applied for a visa with my husband as my qualifying relative , was denied at the embassy and was told i could get a waiver.

 

we're currently in the process of replying to a Request for Further Evidence... Fingers crossed it goes well

 

[LionessDeon 2,060]

http://www.visajourney.com/content/records

 

The USC can contact Lizz Cannon for information and insight.  She's a highly experienced lawyer who specializes in I-601 waivers.  She gives free consults.  If you are denied and waiver eligible, I suggest contacting her.

[Boiler 45,860]

Certainly will not be simple, always a good idea to have a plan B if the US is not in your future.

[jan22 3,056]

Question:   (Don't want to cause more concern, but this may actually clarify the main point.) Have you visited the US during the last thirty years, i. e., since this arrest occurred? If so, did you acknowledge the arrest on either your ESTA or visa application? If you did, they would/should have adjudicated any ineligibility from tbe drug charge at that time, so you might be okay.  If, however, you did not acknowledge the arrest/conviction, you might have additional issues.  

Edited October 6, 2017 by jan22

[Back2back 1]

5 hours ago, jan22 said:

Question:   (Don't want to cause more concern, but this may actually clarify the main point.) Have you visited the US during the last thirty years, i. e., since this arrest occurred? If so, did you acknowledge the arrest on either your ESTA or visa application? If you did, they would/should have adjudicated any ineligibility from tbe drug charge at that time, so you might be okay.  If, however, you did not acknowledge the arrest/conviction, you might have additional issues.  

I have additional issues 😕

 

Have been over several times on VWP and always said no to that question because I come under the Clean Slate program. I was clearly wrong.

[jan22 3,056]

1 hour ago, Back2back said:

I have additional issues 😕

 

Have been over several times on VWP and always said no to that question because I come under the Clean Slate program. I was clearly wrong.

Oh, dear.  You will also likely need to address this at interview, too.  They may find it serious enough for a finding of misrepresentation.  The good news is that, if there is a waiver possible for the drug conviction, you can include the misrep also since there is a waiver for it, too.

[caliliving 606]

You need to hire a good lawyer who has experience with waivers, apply and then see what waiver you need, if any.