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TOPIC: Charged with possession of Kratom- need help!

Charged with possession of Kratom- need help! 1 year 5 months ago #10151

  • kratomizer
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Hello all,

First of all, I would like to say that while I am new to the forum, I am not new to Kratom and have been using it for a few years now as a medicine, with great results and no negative effects. I was semi-aware that Kratom has been recently outlawed in several US states, but had not paid close attention to the actual laws- I tried to decipher the legal implications at one point but got severely confused and just left it at that. I am also in the process of moving to a different state, so I've got a PO box there for Kratom shipments as well as some supplies for my online business (crafts) and some paperwork. The reason for that was not to evade law (which I was not even clear about) but simply because I do not trust packages being left at my doorstep (mail theft is quite common here), plus, I was working on getting a storage unit and gathering up some supplies for a business start-up, etc- and I figured that I don't need to get two PO boxes when I only really need one. Anyways, as I was driving home one day after picking up my Kratom supply, I was pulled over for a traffic violation, and the police discovered Kratom in my car, still in the packages, and clearly labeled as such. Prior to that I've opened one of the small bags to take a look at the Kratom, poured some of it out on the counter for examination, and then disposed of it. I was not charged with anything except the traffic violation at the time, but today after showing up for court I was served with Criminal Complaint papers stating that I am charged with Kratom possession ("a controlled substance analogue of a controlled substance"- what does that even mean?) and that I would be required to pay an $ 500 fee and/or serve up to a month in jail. Honestly, I did not even see it coming. I was aware that the police confiscated the Kratom during the initial traffic stop, but I did not think much of it, since I figured that if I was transporting any kind of plant powder substance (say, Henna or Turmeric or Lobelia) they probably would've confiscated it too, just to be safe. Therefore, today's new charges were a complete shock to me, especially since I wasn't even aware that it was illegal in the state I am currently residing in. I am not sure what to do or how to even approach this. I would like to hire an attorney, but aside from me being broke and having to somehow raise or borrow money for legal aid, I do not even think there are any attorneys in this state knowledgeable enough about the new Kratom law and Kratom itself that would be able to defend my case adequately! I am not asking for legal advice, obviously, just would like to know how would I go on finding such an attorney. Also, if anyone on here faced a similar situation (Kratom possession charges), I would love to hear your story and the outcome. Any feedback would be highly appreciated! Thanks a lot!

:dry:(L):(
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Charged with possession of Kratom- need help! 1 year 5 months ago #10153

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It would help if you would say which state this occurred in. We know in which states kratom is illegal. If it is not one of those states, then we'll have a whole different discussion.

Looking forward to your reply.
;)
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Charged with possession of Kratom- need help! 1 year 5 months ago #10154

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It is in Wisconsin, and I just looked it up on the Kratom map, and it is shown as illegal, but I haven't been following the updates on it for quite a while.
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Charged with possession of Kratom- need help! 1 year 5 months ago #10155

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It's been illegal there for almost two years. We've sent people out to try to persuade your Controlled Substances Board to change the law, but they are stalling, want more information. I'm sorry. We will continue to try to work for legalization, but it is a difficult fight. The police are not your friends. You should have checked the laws before you moved.

All I have time to say now. I wish I could help you. I'll mention to my associate who does our lobbying. Maybe she'll have some ideas for your defense.
;)
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Charged with possession of Kratom- need help! 1 year 5 months ago #10164

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Don't panick, I think you'll be alright. I don't know much about Wisconsin, but I do know a lot about the law. First, you need to look and see if it's a misdemeanor or a felony. If it's a felony, what degree is it? It should say on your charge. If it's municipal(misdemeanor) it will be handled in the same court as DUI's and traffic offenses. Always, Always, I repeat always plead NOT guilty at initial hearings. I don't care how guilty you are. Municipal court is not serious, usually the prosecutor is a part time position and after you plead not guilty the prosecutor will talk to every one who pled the same way. Just relax and talk to him, he'll downgrade it to something real small and you play a fine. When you just plead guilt, you get NO DEAL, NO explanation, just the mandatory sentence for that charge. They make deals just to clear the docket, if they didn't they would be beyond backlogged. Next, if you have a felony record it will make everything a little harder for you. If it's a felony with no criminal record almost every state has a diversionary program for first time offenders with non violent charges to complete some probation and the charge will disappear from your record. If you were to get a lawyer, you would just find a drug lawyer. The motions will be the same. Was the search contitutionally legal. Plain view doctrine states if something is in plain view that is illegal if gives the right to search, a search incident to arrest is legal, if you had a warrant and they took you in or had to tow your car, an impound search is legal. A traffic ticket is not enough to search. Your always best putting stuff in your trunk, because the cops can make excuses to search the inside of the car, it smelled like weed, he was moving around and reaching under his seat, I feared for my safety so I ordered him out and searched. Nothing in the trunk will threaten immediate harm. He will have to later say articulable facts that led him to believe something is in the trunk that he believes to be illegal, not hunches. Unfortunately I already know what probably happened in your case, because people are stupid, no offense, and to your credit, you might of not known it was even illegal, you did the worst thing possible and gave permission for them to search your vehicle. It's hard getting evidence suppressed when you give consent. I'm going to do a little research on your states laws. Give me a statute number, if it's a felony, and if so what degree? Also did you give consent? Stop stressing, your gonna be alright.
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Charged with possession of Kratom- need help! 1 year 5 months ago #10165

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It looks like in Wisconsin 2 of the alkaloids in Kratom were lumped in with a bunch of synthetic opiates in a bill that they passed making all of the chemicals Schedule 1 in your state. The CSB(Controlled Substance Board) seems to of just been presented with a bill on synthetic opiates and 2 of the chemicals in the Kratom are also found in the synthetic opiates. It looks like they are taking baby steps towards taking it off schedule 1, but that's a slow process. Schedule 1 is bad, it's like having heroin. How much did you have. I can't find the actual statute, but usually it will come down to weight, under this amount is a class whatever felony, this amount to this amount is a Class E. Around how much did you allegedly have in your alleged car?
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Charged with possession of Kratom- need help! 1 year 5 months ago #10197

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its basically the same thing as getting caught with pot. I don't know if you got intent to distribute kratom charges, but if it is just a possession. Please guilty. Pay the Fine. Misdameanor on your record. If you don't have to go to superior court, than you are fine. I got a lot of pot charges in my life and know the law pretty well so you will be fine. Take the charge if its not in superior court and get it expunged in a year. It will probably cost you around 3000 but my best advice to you is to not be caught lacking again. Sorry this happened to you homie. (c)(L):-bd:-h
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Charged with possession of Kratom- need help! 1 year 5 months ago #10206

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Hey Kratomizer!

As Ziggy mentioned, Wisconsin is currently in the process of descheduling Kratom. It's not something that they're 100% sure they're going to do, but I'm confident that with Paul and Susan's work to support Kratom that they will do the right thing and deschedule Speciosa. That being said, I would discuss this with your lawyer, let him know that Wisconsin wrongfully scheduled this plant in the first place due to lack of knowledge and obviously lack of motivation to make sure they're making the correct decision. If you let them know that you use this plant for purely medicinal purposes and that it's only illegal in 4 of the 46 states (or 5? I'm not sure if Arkansas is technically illegal at this point).

I think if presented correctly, your legal counsel could present this as questionable lawmaking and it could actually null your case and help the fight in Wisconsin as long as he has some documents to positively represent Kratom use. That is something I could speak with Paul about rounding up if you and/or your lawyer would be interested! What're your thoughts Paul?

Please shoot me an e-mail if you'd like to pursue this Kratomizer!

-michael@ilovekratom.com
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Charged with possession of Kratom- need help! 1 year 5 months ago #10220

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Michaels: Arkansas is definitely banned now. You made some really good points here that a good attorney might be able to do something with: *) Wisconsin lumped kratom in with a bunch of synthetic drugs, as I recall they even called it a synthetic -- this might be challenged.

Kratom is legal, at this moment, in 45 states. It is only illegal in five. Florida, where we had a solid win this year produced a study, done by the Department of Law Enforcement in coordination with the Dept. of Health. It is a very fair, very positive study. They basically said kratom does not constitute a threat to the health and safety of Floridians. Have the attorney email Susan Ash at This email address is being protected from spambots. You need JavaScript enabled to view it. or get it from the FDLE. The AKA also has a one or 2-page handout that covers the truths and the myths about kratom.
;)
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Charged with possession of Kratom- need help! 1 year 5 months ago #10245

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Yeah, your case is very unique and like others have said you might be able to get the law changed based on your case. Either way, I don't think there going to be out to smoke you for something that is legal in 45 other states and they probably never even heard of it. They will probably start talking some synthetic crap at court, and once your lawyer brings out the fact that it's not synthetic and that they can ask the state lab technician about that, it's going to be a weird case. A lot of times things like this start out as a felony and before you even get to superior court it gets downgraded to municipal, especially if you have no record. I need to know if you gave permission for search and if you said anything after being read your rights. People need to be smart! Ask any lawyer what there best advice is: Once you've been read your rights, keep asking for a lawyer. Only thing coming out of your mouth is lawyer. It's hard to win cases when your the witness against yourself. I'm sure that cop had no probable cause to search your car. Even though something seems obvious doesn't mean it is. If I'm walking late night cop pulls up and does a stop and frisk for his safety, all he can do is pat down my clothes, make sure I don't have a weapon for his safety so he can talk to me. He feels my pocket, "what's this a needle" and "what's that dope, how long you been using, can u pull it out" Me:"Yes I'm a diabetic" and "Not dope, it's Country time lemonade mix I borrowed from my aunt. Am I free to leave or am I being detained?" Sure maybe they say bullshit pull everything out and arrest you. You REMAIN SILENT. Later at a motion to suppress hearing that cop has to give articulable facts not reasonable suspicion or hunches for why he took stuff out of your pocket. What facts could lead him to believe you had drugs and drug syringe. Late night, crime area, seemed nervous. Not good enough, evidence suppressed, charges dropped. Consent to search and making statements after your rights are read equals NO WIN!! Sorry about that rant, but it kills me to see it happen over and over, even by seasoned criminals.
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