Harmless User

I just moved to California from a far away state where I had many friends who could hook me up. As I now have no connection, I thought I’d plant a few seeds from my last stash and see what happens. Sure it would take months, but I have nothing here but constant sunshine anyway.

So I went to the High Times and Marijuana.com sites to get info on the state laws. Both said that under California the law is --Cultivation: “For personal use only: stay of imposition of the conviction, drug education, charges dropped.” Well that’s not exactly a law, more like a summary of a sentence. But it sounded encouraging, like a speeding ticket, and I read on to learn that California is very lenient compared to my former home state.

So late May I stated 7 plants. They are doing quite well I think. Now they are about a foot to 18” tall and healthy looking. The garden is bare bones: plastic pots and hand watered. I have them behind an 8 ft wall and access only through a locked gate. My wife freaked when I started them and now just ignores them. She’s pretty cool about it for being a non-toking Nancy Reaganite. She threatens to leave me “if anything happens”.

I’ve been reading the stuff on the forum from Ganga Warrior. Now I’m getting paranoid. I can’t imagine being lead away in handcuffs and being charged with a FELONY. Is it really a felony in California? I’d love to call up a lawyer and find out the truth but I’m too chicken for that. Are there any online law references? I grew up in the 70’s when reefer was everywhere (remember Cheech and Chong?). I have a clean record, a good job and a family. I graduated college with honors. I can’t believe I’m a FELON! If I get a ½ oz of dirtweed out of this I’ll feel lucky.

The way I see it, I’m keeping money out of the black market by growing my own. I’m actually avoiding giving power to those who would use violence to protect their trade. Since it’s illegal, they can’t use the courts to settle disputes, right? I’d love to supply myself weed from my own garden. It’s actually kind of fun too.

And how are firearms handled in these cases? I have a pistol, trigger locked and unloaded. The ammo is in a locked metal case in a separate room. After all, I have young boys in the house. Any rules about guns and weed?

I hope that Ganga Warrior can reply. I hope the flamers have not scared him away. I believe, like me, that he is an honorable man. In fact if I ever met him I’d probably invite him over for a barbeque. Anybody else with advice, I’d appreciate it. Even if that means “kill the plants”. Thanks.

Ganja Warrior

Harmless User:

You are correct in that the description of "personal use cultivation" is what a "typical" sentence for a first time offender with a clean record, and no other "enhancements" would be.

If you live in an area like the North Coast, seven plants near a house would be overlooked by most agencies. If you are in an area that does not have a large marijuana cultivation "problem," seven plants, if spotted, will get you a visit from the "herb police."

Have good overhead cover if the local police fly helos at all and you are in an area they normally fly, move them indoors, or consider getting a prescription from a doctor for medicinal use of marijuana.

As to the gun, California state law differs from federal law in that the mere presence of a gun at the scene of a felony will get additional charges or enhancements. The presence of the gun, no matter how it is kept, could encourage the local prosecutor to "raise the stakes" and charge the cultivation as a felony and charge a gun violation as a felony. Then you are left to plea bargin for one felony over the other.

A good attorney would argue that the gun was of no consequence to the base offense, the cultivation, and could point to the condition of storage, etc, but you would be in a worst bargining position because of it.

Federal law requires that the gun be "significantly used" in the commission of the drug law violation to be charged.

tarbaby

Here's a summary of basic drug laws for each state,

tb

http://www.norml.org/legal/state_laws.shtml

Harmless User

GW:

Thanks for the sobering advice.

I’m curious about the procedure to arrest someone for growing in CA (south). No doubt a search warrant would be involved. Per the 4th amendment it must state 1) what is to be searched, 2) what they are looking for. How far can this go? If the answer to 1) is “all property, cars, structures, furniture”, etc. and the answer to 2) is “paraphernalia, cultivation equipment, records”, etc. then I could end up with police searching through my wife’s underwear drawer looking for seeds, right? They could get the computer nerd cops to dissect my PC and read my deleted email that is still fragmented on my drive, right? They could search every file, every box, every drawer in every cabinet in the house. Is it likely for them to spend the time/effort to do these things? Do they destroy a person’s house looking for evidence? They could make a good mess, I'm sure. If they do damage, who pays?

How do police know if someone is growing for personal use or sale? Do they need to find transaction records to prove it’s a commercial operation? Is one assumed a personal user until the search turns up such records or other evidence of a commercial operation? I know multiple storage containers is a mistake. Are there any other tell-tale signs of a commercial operation that should be avoided?

And when do the police do the raid? Is it 4AM with jack-booted thugs (sorry, couldn’t resist) coming in every window with automatic weapons drawn? Or would a small operation get one police car and two friendly fellas with a knock on the door late Saturday morning, “Sorry to bother you sir, but we have a search warrant here…” After all, why would the police take any chances? They don’t know who’s inside and what they are armed with? In the first case I’d think I was being robbed and my family was in mortal danger.

And who gets arrested? All adults in the house? The thought of my wife in handcuffs, crying “I told you to get rid of those plants!” and my kids screaming as they are lead to the police car for their trip to a foster home sends shivers through me.

And what about seizure? What can be seized? What can’t?

Is this what’s done or do I just have an active imagination? And who’s to blame? Me for being a middle aged, middle class toker? The police for doing their impossible job? The law for trying to save us from ourselves? The producers of “Reefer Madness”? (This is rhetorical, of course.)

I know I’m asking a lot of questions, but I’m starting to think this growing thing is too risky.

Panama

Harmless User, please have patience when posting and do not repost the same query in a new topic. Things run slowly around here sometimes.

Toke it easy, Pan.

Angel_Smokes

Very informative site. Thats all I cansay. GW may I ask why you even bother looking at these sites since you are with law inforcement. You sort of scare me. I know you said you like to keep up with the new ideas. Just wondering are you a smoker? Sorry don't mean to be too curious but as I said it is sort of unnerving to know that you are there. I mean I know "BIG BROTHER" is always watching. I do thank you for the info. It is scaring the s**t right out of me.-
Curious Angel

Ganja Warrior

Angel, No I don't smoke, that would be hypocritical. I grew up in the 60's and smoked my share then. When pot is legal, it will be my choice of intoxicant.

Don't be afraid of the one's that are out in front of you for all to see, be afraid of those who read these sites and don't make themselves known.

I read these sites to keep my professional expertise up to the current state of the art. When I testify as a law enforcement expert in court, my training and experience includes both law enforcement training and experience as well as expertise gained from talking to and studying those involved in the crime. It sould be somewhat "unnerving", that keeps a healthy attitude about giving away personal info that may hurt you. Be safe