Growing Pot

J

jeebise23

Bluelighter
Joined
Jul 5, 2003
Messages
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hey guys i have a friend that goes to college with me and he smokes alot of weed and also spends alot of money. he was telling me one night that he is thinking about growing a few plants to support his habit. he was talking like 5 plants in his closet, i am trying to talk him out of it because i told him its not worth all of the legal problems, so he asked me to tell him whats the worst case scenerio and i told i didnt know but i would find out and get back to him. so if anyone knows off hand what the consequences are of growing 5 plants for prsonal use plz get back to me. . i dont need someone to tell me oh its bad and he would likely go to jail .i need someone who knows the guidelines needs to tell me extally what the charge is if its a felony ior a misdemener ,what are the sentencing guidelines also he has a clean record and its in arizona , would it be state charges or federal, plz anybody that knows a little bit about what i just posted get back to me. thanks in advance j
 
well one of his mistakes already is he told you he wants to grow pot. First biggest mistake so far. First rule of thumb ... DO NOT TELL ANYONE!!!
 
Kalash, I'm sorry but I don't have time right now to look at your posts and decide whether to approve them.

OP, check out the norml link (thanks Madhatter4).

Also, practically-speaking, what nightfun wrote is the single most important thing someone who is growing must understand (I'm assuming a conflict of laws when I write this, such as pot being legal for medicinal use in a given state but still illegal according to federal law; we are not here to post information about how to break the law, but if it's legal for you in your state then more power to you).
 
Johnny - yeah.
I need to learn how to make them shorter.

Something manageable...

Federal sentencing stuff;
http://www.miami-criminal-lawyer.net/federal-sentencing-guidelines/2006guid/2d1_1.html

1 plant = 100g of marijuana (that'll help when reading the table.)

If the plant weighs more than 100g, the actual weight of the plant is used.

I do not know if this includes pots or soil.



The sentencing table (for once you've figured out your offense level) is in chapter 5;
http://www.miami-criminal-lawyer.net/federal-sentencing-guidelines/2006guid/5a.html


If you need help reading it or figuring out the conversions, send me a PM.

State laws - you'll have to ask someone else or look them up yourself. Sorry.

Like has already been said - medical stuff will change state laws.
The feds can still bust you thought...
So it isn't recommended.
-Kalash
 
Kalash, it was your mention of a conspiracy charge that caused met to postpone considering your two posts. I'm under water with work right now and something about a conspiracy charge being filed in a case where it's only a few plants for (apparent) personal use didn't sound right--although I really don't know. I was hoping Banquo would get to it and make the decision (and I hope he still does).s
 
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In West Virginia, it is a felony charge. 1 - 3 year sentence. Manufacturing of a controlled substance. With a good lawyer you could get off easier.
 
Johnny1 said:
Kalash, it was your mention of a conspiracy charge that caused met to postpone considering your two posts. I'm under water with work right now and something about a conspiracy charge being filed in a case where it's only a few plants for (apparent) personal use didn't sound right--although I really don't know. I was hoping Banquo would get to it and make the decision (and I hope he still does).s
Click to expand...


It doesn't help that I write books instead of posts...
;)


That's a good question.
I'll leave it to Banquo.

But if you have 5 plants - that's a little excessive for personal use.
I'm sure the question would be raised as to where it was all going.

Even sharing with 1 friend once creates a conspiracy...
And a distribution ring.
The laws are slightly whack...

But... wait on Banquo for official word ;)
 
in my personal experience 5 plants is not excessive. Considering the time it takes (3-4 months minimum for full veg-flowering stages) and you only get 1-2 oz on average per plant. The amount i smoke is around half an ounce per week. 5 oz will last me about 2 months depending on whether or not im with a lot of ppl when i smoke.
If it were up to me i'd grow 200 plants at any given time and keep an endless cycle of weed growing.
 
As always, who will charge you and with what will you be charged is difficult to say. There are many variables involved, including whether your friend is involved with criminals in other states and even the type of mood the prosecutor is in the day he or she gets your case.

It seems that most drug prosecutions are done under state law. But as Kalash will tell you, this is not always true. There is likely grounds to prosecute under both state and federal law, since marijuana apparently gives Congress jurisdiction under the interstate commerce clause of the U.S. Constitution. (see Ashcroft v. Raich, a case regarding medicinal marijuana).

And while Arizona has some novel interpretations of conspiracy law, especially when it comes to illegal immigration, it is difficult to say what exactly the person could be charged with here. Where cultivating marijuana is involved, however, it is a sure bet that there are a list of charges that a prosecutor could use. It would take a thorough examination of Arizona law to determine the possibilities, so it would be best to consult with an attorney who is licensed in Arizona. One of the likely responses from an Arizona attorney would be not to not grow marijuana at all, which is the advice I'll end with.
 
Well let me break it down sinceI ran into this problem

1. Kiss you Financial Aid goodbye for a year or so
2. Say hello to jail time
3. Then say hello to probation (Felony Probation)
4. Dry your eyes when your done crying about not being able to smoke for you probationary term
5. Oh let me remind you about jail time.
6. Probation officers are dicks
7. Call up the folks cuz your gunna need a place to stay when you aid goes by bye
8. Enjoy spending two hours (more or less) a month talking to some guy
9. You think pissin infront of people stops when you get outta jail? Nope your po is gunna see your weewee
10. Yoou got a big mouth

tell your friend all those wonderful things! check out the FAFSA page and look for the Drug Crime Worksheet
 
i know this doesnt apply since you're in the u.s. but i was in court a couple of weeks ago(toronto, canada) and there were a lot of drug cases that day here are some examples:
9 plants, posession for the purpose of trafficking - no jail, 6 months probation, 3 months house arrest

32pounds of cultivated marijuana, disassembled growing equipment, cash, jewellery, production, posession for the purpose of trafficking - no jail, 9 months probation, most of the items seized were to be returned
 
No - not always the case...
But I'd recommend Federal jurisdiction over state.

The prisons (from what I hear) are nicer. I still haven't seen one.
The judges (at least mine) are very understanding and jovial most of the time.

And... if you complain enough and threaten to represent yourself, you can ask for just about anything and they'll give it to you.

Of course - my actions now could be leaving me to hang from a shorter rope in the future, but I wouldn't trade it for state court and their, "Rush them through!" mentality (again - from what I hear.... never been there...) for anything.


If you want some usable advice - move to California if you're planning on growing post.
Gov. Schwarzenegger wants to pardon all non-violent and petty criminals in the state system.

http://media.www.californiaaggie.co....Calls.For.Release.Of.Prisoners-3157564.shtml
 
Kalash said:
But I'd recommend Federal jurisdiction over state.

The prisons (from what I hear) are nicer. I still haven't seen one.
The judges (at least mine) are very understanding and jovial most of the time.

And... if you complain enough and threaten to represent yourself, you can ask for
just about anything and they'll give it to you.
Click to expand...

What about: federal law has mandatory minimum sentences that could put someone away for far longer than many state laws. And federal law may not have the drug diversion programs that many states do.

I don't know the specifics and would encourage more discussion about this, but if I had to make a choice right now about who was going to prosecute me, I'd much rather it be under California law than federal.
 
Johnny - not to mention Swartzathingie's plan to get potheads out of prison to save the budget....

The mandatory minimums aren't something you're going to come across unless you're dealing in truckloads of pot.

The other drugs - YES - state is much more lenient.

I'll concede on this - the state laws would have me at 6 months tops and probably just probation for what I was arrested for.

Federal is pushing for 6 1/2 - 9 years.

From the horror stories I've heard about the state court/prison system though - I'm glad I'm where I am.
Sentencing wise - I'd probably have to agree with you.


Really - none is better.
;)

Always choose NONE.

So... person posing the original question - choose "none" and don't grow pot.
Or - sue the federal government under Title 42 Chapter 21 subchapter one section 1983 - and demand they permit you to exercise your property rights that they have currently prohibited without proper authority.

Pending the outcome of your civil suit you'll know if it's safe to proceed or not.
:p
 
Johnny1 said:
What about: federal law has mandatory minimum sentences that could put someone away for far longer than many state laws. And federal law may not have the drug diversion programs that many states do.

I don't know the specifics and would encourage more discussion about this, but if I had to make a choice right now about who was going to prosecute me, I'd much rather it be under California law than federal.
Click to expand...

http://norml.org/index.cfm?wtm_view=&Group_ID=4575
^^^Here is a link for Federal Mandatory Minimum sentences .....however as stated about the Feds only get involved if your a major dealer/grower
 
SWIM used to get "stuff" from this guy who knew someone that was doing it for 10 years, then got caught 2 months ago. They found 20 plants in his attic and about 18 ounces that was nearly dry. Suprisingly he didn't get a prison sentance.
 
Madhatter4 said:
http://norml.org/index.cfm?wtm_view=&Group_ID=4575
^^^Here is a link for Federal Mandatory Minimum sentences .....however as stated about the Feds only get involved if your a major dealer/grower
Click to expand...


Or you're in the wrong place at the wrong time, and happen to be dealing with an FBI agent/undercover/informant.

In that case, no matter what your level, you're getting Federal charges.

The Mandatory minimums are only for higher amounts though.


One thing to bear in mind - the conspiracy charges go as far as they want them to....
3 people above or below you - but you're part of the conspiracy chain? You can be charged with everything they have - plus what you have...
Even if you only know the 2 people between and have never met the person at the top.

They also run as long as they want them to.

They can wait for 4+ months - dealing or buying from you and weighing everything... and adding up the total.

If you deal a small amount every week for 4 months - that's 16ish weeks.
16 ounces is a pound.

You're charged with a pound in the conspiracy.

Time plays a factor too - and somehow stacking the charges like this IS permissible in court - no entrapment defense, as you've done it over and over again.


One thing that's very clear...
The law is VERY fuzzy as to what is allowed and what isn't.

A lot of these things can be argued - and you can be discharged from the federal court and placed into the state court.
You can also get upgrades to Federal Court from the state court - if the charges warrant such a thing.


There is no way to know what will happen to you in any state in any case.
It will depend on the mood of the officer making the arrest, the length of time they've been investigating, the level of government carrying out the arrest and/or investigation, who else is involved that is at a higher or lower level than you - and what kind of supply they keep on hand...

In general practice, if you sell only one type of drug, they do an in depth investigation, and your supplier has more than one type of drug on hand, you will not be charged with that other type of drug in the conspiracy...
But if you use that other type of drug, I wouldn't put it past them to charge you with it.



Legally - anything can happen, any time, anywhere.
If you're scared of the legal consequences, don't do it in the first place.
If you're not worried about the legal consequences, and see it as an act of civil disobedience, study the law starting IMMEDIATELY so that you know what rights you have when/if you ever get caught.
 
1. He is already bragging, so he will get caught.

2. 5 plants is in no way personal use. Also, i dont think this kid knows how big they get... 5 plants is not a closet thing, more of a living room thing.

3. If you make the mistake of doing that, DONT DO IT AT COLLEGE. Too many people and too many potential authoritative figures on your ass. Also, an operation like that could smell.

4. Tell this kid to do his ... research
 
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