Ganja Warrior

GL, "sophisticated" becomes very subjective. Any signs of sophistication such as cloning, skillful use of materials in constructing the grow, the water system, the camouflage system, etc can be signs of sophistication. The LEOs will argue that using a gravity fed, timer controlled, drip irrigation system is "sophisticated."

Yes, technically, the death penality could be applied to a VERY LARGE NUMBER of plants, but I have never heard of it being applied, and I can't envision any scenario where it would be. Obviously, the death of a LEO during the seizure of the grow, or a homicide in the furtherance of it could get death penality consideration but that would be for a different and very specific crime.

Most drug law violations withing 1000 yards of a school in Cali, and I think in most of America is a seperate offense and draws some heavy penalities.

GW

Ganja Lawyer

Great information as always GW. But doesn't just about everybody in the city live w/in a 1000 yards of a school (or bus stop). Did you mean 1,000 Feet?


In my years on the bench, and in private practice, I have seen little to suggest that "common sense" has ANYTHING to do with the war on drugs.

Common sense would suggest that Marijuana should be legal. Perhaps one day I will hear my daughter say: "Of course marijuana is legal, it is only common sense!"

al6

When I first read the part about the "death penalty" I thought GL was kidding or confused so I went and read the information he was referring to.

Here it is:

"The sentence of death can be carried out on a defendant who has been found guilty of manufacturing, importing or distributing a controlled substance if the act was committed as part of a continuing criminal enterprise – but only if the defendant is (1) the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders, and (2) the quantity of the controlled substance is 60,000 kilograms or more of a mixture or substance containing a detectable amount of marijuana, or 60,000 or more marijuana plants, or the if the enterprise received more than $20 million in gross receipts during any 12-month period of its existence."

Source: NORML

I'd be very surprised if anyone has ever gotten this sentace but it is on the books and GL does know what he is talking about.

al6
"For a good cause, wrongdoing may be viruous."

Twinkalot

I've seen signs in the Chaing Kai Shek airport that bringing ANY amount of ANY controlled substance into or thru Taiwan is punishable by death.

LordRaven

That would be the "drug kingpin" laws passed a while back during the peak of the drug war. I knew there was somewhere in the laws where uncle sam could whack you. I don't think they have ever gotten a death sentence though. Not even sure they ever even pursued one. Well... other than CIA/DEA/SpecOps participating in out of country kills and snags in S & C America.

Ganja Lawyer

The BOTTOM LINE in this entire thread- perhaps in ALL the threads that have been written on this topic.

Keep it well under 3 figures folks.

GanjaGreenie

So what would be the normal punishment for a first time offender growing 5 plants in his home. IF this guy was busted then they would also find some cured weed, small sack. A pipe or two, papers.

What would a guy like that get in a smallish town? Take an educated guess.

LordRaven

Thats the problem in the US... There is no NORM. In one state you could get a small fine and other places pay 1000's, go to jail for several years, and have your house and property seized. I believe that cultivation is still a felony in all 50 states. So no more voting, guns etc. Plus in addition a lot depends on the Judge you get and his views assuming MMS does not apply.

aleph

Hi all,

I've been enjoying this thread. Thought I'd chime in with a few relevant links.

state by state penalties


Frontline: federal sentencing guidelines

Enjoy

__________________
Aleph

Ganja Lawyer

Lordraven speaks the truth. Know your local laws AND your local judge and practices. Read the sentencing in the county paper to get a better idea about what is happening.