28 Years For Growing Weed, Come On WTF!

......

Well-Known Member
Im sure if someone got sentenced to 28 years for only 100 plants it would be all over the news and norml websites.
You got a link to something?
 

varscience21

Well-Known Member
That's probably what did it. There's a federal statute mandating a 30 year sentence if guns are involved in a drug offense. The Supreme Court even ruled that the gun doesn't need to be fired to qualify.
This is what I found. The federal drug statutes include two types of commonly applied mandatory minimum sentences: drug-amount-based minimums, and recidivism-based minimums. For certain drugs in certain quantities, 21 U.S.C. §§ 841(b) and 960(b) provide minimum sentences of 5 or 10 years’ imprisonment. The circuits are divided over whether drug amount must be alleged in the indictment and proved to the jury to trigger these mandatory minimum sentences. For a defendant who has previously been convicted of one or more drug offenses, the statutes set out a series of minimum sentences up to life imprisonment. The prior conviction need not be alleged in the indictment or proved at trial; however, the government must follow special notice and hearing procedures prescribed in 21 U.S.C. § 851Firearms offenses. Title 18 U.S.C. § 924, which sets out the penalties for most federal firearm-possession offenses, includes two subsections that require significant minimum prison sentences. One is § 924(c), which punishes firearm possession during a drug-trafficking or violent crime. It provides graduated minimum sentences, starting at 5 years and increasing to life imprisonment, depending on the type of firearm, how it was employed, and whether the defendant has a prior § 924(c) conviction. The minimum sentence of § 924(c) may not be triggered if a greater minimum is otherwise applicable, but a sentence imposed under § 924(c) must run consecutively to any other sentence, including sentences for other § 924(c) counts charged in the same case
Source:An Introduction to Federal Sentencing
So it is possible that he could get 28 years if he has prior convictions and the weapon in question warrants this type of minimum sentence.
 

Mr.Therapy Man 2

Active Member
100 plants in the US gets you at the most a five year mandatory minimum.It useally gets you about 3 years acording to my lawyer.You see my door was kicked in last october and they actually got 85 plants but I had several unrooted clones in which hes trying to count now.Ive had the evedence suppressed due to a bad warrant but I could still be indicted on other shit if they get dirty.Unless he has more charges no way he doing that much time unless your in south america
 

atb

Active Member
move up north you can grow like 20-50 plants and just get a $250 fine and maybe some community service hours :O
 

born2killspam

Well-Known Member
100 plants in the US gets you at the most a five year mandatory minimum.It useally gets you about 3 years acording to my lawyer.You see my door was kicked in last october and they actually got 85 plants but I had several unrooted clones in which hes trying to count now.Ive had the evedence suppressed due to a bad warrant but I could still be indicted on other shit if they get dirty.Unless he has more charges no way he doing that much time unless your in south america
WTF do you mean 'at the most a 5 year "mandatory minimum". It usually gets you about 3 years'?? Think about your words there, fire your idiot lawyer, and know for certain what your laws state..
 

fatbagsofskunk

Active Member
thats fukin crazy man you get less than that for murder here in england, my mate got caught last year with 162 plants and got 21 months, he was out in 4.
 
Top