Cultivation "weight" when arrested... how is this number determined?

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JonTheBaptist

Active Member
I'm not sure how often NORML updates its state-by-state maps and I was curious what a real sentence would be like for someone growing a few plants in NY. Would you be sentenced/prosecuted under federal/state law, or by the local DEA in your county? Also, how do LEO's determine how much a plant can yield when determining the amount of bud your cultivating if caught before harvesting? Thanks in advance.
 
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growone

Well-Known Member
best way to judge is to track cases in your area in NY like you, lot of variety in the state i'll speak to upstate where the NY 'green triangle' lies the big thing is whether the dirt/root ball gets thrown in from what i've seen, it is not done in upstate, but best to check your local court record as best you can the usual process is you are issued a misdemeanor appearance ticket for a small grow, it will then depend on your DA's mood/case load

edit: midemeanor is actually harsher than the actual charge, think it's a violation, pretty small change to start with
 
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JonTheBaptist

Active Member
growone said:
best way to judge is to track cases in your area in NY like you, lot of variety in the state i'll speak to upstate where the NY 'green triangle' lies the big thing is whether the dirt/root ball gets thrown in from what i've seen, it is not done in upstate, but best to check your local court record as best you can the usual process is you are issued a misdemeanor appearance ticket for a small grow, it will then depend on your DA's mood/case load

edit: midemeanor is actually harsher than the actual charge, think it's a violation, pretty small change to start with
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Do you know how I could go about tracking these cases? I never faced a criminal charge (outside of a few violations) so am very unfamiliar with the court system.

Out of curiosity, what do you think a 4 plant grow would "yield"?
 
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growone

Well-Known Member
JonTheBaptist said:
Do you know how I could go about tracking these cases? I never faced a criminal charge (outside of a few violations) so am very unfamiliar with the court system. Out of curiosity, what do you think a 4 plant grow would "yield"?
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plant weight depends on the grow setup and genetics
outdoors that would likely be over a pound, my small indoor plants are generally around an ounce of trimmed bud
local newspapers are pretty good sources of court results
i have a small inside source of local DA practices, weed is not a high priority for small ops
if your record is mostly clean, an offer of probation is by far the most likely 1st move
 
J

JonTheBaptist

Active Member
growone said:
plant weight depends on the grow setup and genetics
outdoors that would likely be over a pound, my small indoor plants are generally around an ounce of trimmed bud
local newspapers are pretty good sources of court results
i have a small inside source of local DA practices, weed is not a high priority for small ops
if your record is mostly clean, an offer of probation is by far the most likely 1st move
Click to expand...
I check my local papers, and very rarely is anyone ever busted for growing. The first and only case I heard was very large (over 150 plants) and half the story focused on how they were stealing electricity. I guess this should be a reassurance to me? lol
 
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growone

Well-Known Member
grow busts aren't too common where i am either, i watch carefully and see a few a year or so
what you'll typically see is some initial charges, and the case will 'disappear', that usually means some probation deal was cut
but i'd agree with you, chances are you'll be fine, follow the golden rules, tell no one, control odor, don't sell
 
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growone

Well-Known Member
that's the problem, there isn't, at least not exactly, and it's part of how they can screw you over
what they do, if they're in the mood, is drop the big set of charges on you
such as conspiracy to sell, weighing root ball, etc. - nothing prevents the DA from stacking it on
these extra charges may be bogus, but they can add fear, not to mentioned higher bail
for example, the root ball crap can be blown away by having an expert testify on the effective drug weight, or so i've read
but that's if you go to trial, which is less likely
 
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