Ganja Lawyer

PM'd to me yesterday.


Sorry, I would need to do some research to find that out. I am not a Federal Judge. You should be able to start on Yahoo or Google and do a search for "Federal Sentencing Guidelines" and find out more than I know in just a couple of minutes. Of course reading NORML's site is always a good place to start.

I think over 100 plants is MANDATORY LIFE under the federal guidelines and I seem to remember that over 1,000 plants is DEATH. Could be wrong though and would welcome others input.

I will post this as a thread, as others certainly know much more than I about this topic.

Knore

You cant get death anywhere for any amount of plants - well maybe in somewhere like china or japan or somwhere really harsh

The most you can get is Life sentence which will usually be cut down to 20-30 years.

George Gung was one of the first people to inport cocaine into the usa - The fbi estimated he imported over a 5000Kg worth of it in 10 years, i think it was.

He got 26 years in medium security im fairly sure .. its in the movie Blow

shooter

Check the fuggin DEA site...insane penalties for MJ.

DEA Ridiculous Penalty Page

Hmm...maybe I shouldn't post a direct link to a commercial site.

Later,
-s

__________________
Grow Journals: Grow #1 |Grow #2 | Grow #3 Shooter & Agent's Side by Side

Chronically_420

Those laws are pretty strict. I think the feds need to just sit back and enjoy a nice chocolate blunt and rewrite the laws.

__________________
They never taught us this stuff in school!

TRRU

wow. that makes me sad. when you are busted do you have to face the federal judge or can you face the state? im not very clear on this as you can see.

Knore

They are so strict because they are for traffiking the drugs ..

Not possession ..

But even then it still doesnt say death anywhere .. that would be outrageous

And those sentences are uncontested .. meaning if you have a descent lawyer etc... it would possibly be alot less

Ganja Warrior

Some insights into federal charging:

The minimum number of plants written into the federal law is 100, however, the US Attorney can accept any case they want. For example, the US Attorney prosecuted a guy for growing 87 plants becuase he was an outspoken advocate of medicinal marijuana, and sent notices to the local sheriff and to DEA that he was growing marijuana, where he grow was at, and a list of the people he was growing it for. On the other had I have taken cases to them with multi-thousand plants and they decline federal prosecution. If there are extenuating circumstances such as assaults on police, explosive or injurious devices presence, or the dope is grown on public lands, the the US Attorney's Office will take the case on it's merits.

Some examples in NorCal. for outdoor grows generally:

The Northern District of California (San Franciso and north on the coast) will not accept cases unless it is 5,000 plants on public lands. Even then, it has to be an airtight case with not lawyering needed by them. It the grow is on private lands, the number goes way up. unless it is an indoor grow or the growers are caught red handed(on video tape etc)

The Eastern District of California (all of northeastern Cali from Oregon/Nevada to the second counties in from the coast, down to Fresno) will accept cases if there are 500 plants on public lands. On private lands the number is 1000.

Ganja Warrior

Some insights to federal sentencing:

Sentencing in federal drug cases is "maditory" in that once convicted for growing a specific number of plants, the judge MUST impose the sencence specified in the Guidelines.

For growing 100-500 plants the MANDITORY sentence is 5 years, unless the defendant qualifies for the "safety valve." Then they get 3 years.

500-1000 is a manditory 10 years.

Then there are "upward departures," or increases, for 3000, then 5000 etc. until you can, in theory, get a life sentence, although that has never happened to my knowledge.

Additionally, if the defendant is an organizer, supervisor etc then they get some more upward departures. If the operation was "sophisticated" then they get some upward departures.

If the defendant possessed a gun or injurious device they get a 5 years enhancement.

If the defendant accepts responsibility they get some "downward departures," if they cooperate with the police they get downward departures. If the operation was basic they get downward departures.

But basically, if you are convicted of growing 100-500 plants you are going to your room for 5 years, and in federal drug sentencing you do 80% of that time, only getting credit for "good time" and not for "work time." You then have a long formal supervision period (parole). So even after you get out of "el carcel" your butt still belongs to your big Uncle for another 2-5 years.

The "safety valve" law was passed several years ago to help ensure that people who occupied a low level in the conspiracy, the "field workers" and not the organizers, would not get slammed.

While the sentencing is harsh, the real issue here is the "manditory" nature of the sentencing. The Judge has no leeway to impose a sentence specific to the defendant and the circumstances.

Ganja Lawyer

GW:

1. How do they define a "sophisticated operation?"

2. I was sure I had read somewhere that cultivating above a certain amount could be the death penalty- true?

3. Is cultivating w/in a certain distance of a school also an "upward departure" event?

thanks for the information.

seancharl

Ganja Lawyer,

i hope you arent sopose to be a lawyer. who would actually believe you get death for growing MJ. its just common sence.