Is a clone that has not rooted considerd a plant?

SoCoMMJ

SoCoMMJ

Well-Known Member
tokeythebear said:
Does anyone have a 100% for sure answer, possibly with a link?
Thanks:eyesmoke:
Click to expand...
This is some info that I dug up a couple years back, who know if it is the current legal precedent or not. Generally cuttings without roots are not counted as plants. Unless you are a cop doing a raid, then everything counts including discarded stumps with root balls, cuttings in the cloner, or whatever. They will let you sort it out in court if it gets to that point.
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I have been pondering how to factor clones into the mix in regard to total plant count. This seems to be a recurring question, however the latest I could find considers cuttings as plants once the cutting generates a root ball.

One additional interesting point of note [in the edge case] is that if you have over 50 plants, the federal guidelines consider each plant to be one Kilo of finished product for sentencing purposes. I want to find that strain. Under 50 plants, they consider 100 grams per plant.

http://openjurist.org/30/f3d/134/united-states-v-edge

On cross-examination, Dr. Kral stated that he "wouldn't have any problem" with the following statement: "A cutting becomes a plant when it develops a root system sufficient to allow the cutting to maintain open stomas ... so it can exchange gas and provide for energy requirements."

another case that uses US v Edge as a basis
http://openjurist.org/999/f2d/596

Today we join these circuits. Marijuana plants have three characteristic structures, readily apparent to the unaided layperson's eye: roots, stems, and leaves. Until a cutting develops roots of its own, it is not a plant itself but a mere piece of some other plant. We therefore adopt the rule that cuttings are not "plants" unless there is "readily observable evidence of root formation." Burke, 999 F.2d at 601; Edge, 989 F.2d at 879. We think that requiring readily observable evidence of root formation is a common-sense approach that will prevent the costly and confusing "battle of botanical experts which occurred in this case." Appellee's Brief at 13.
14 Forty-seven of the cuttings seized from Robinson's greenhouse had no root formations. The district court therefore erred in counting them as plants for sentencing purposes. With regard to the forty-eighth cutting, however, we must resolve a borderline issue under the new rule announced above. Specifically, that cutting had a structure which the government's expert characterized as "root primitiae." This structure was undisputedly no more than a swelling of the cambial cells underneath the cutting's outer layer of plant tissue. It was therefore a structure from "which roots will come," Edge, 989 F.2d at 879, not a root structure itself. Since this cutting, like the others, has not yet produced readily observable roots or root hairs, the district court erred in treating it as a plant for sentencing purposes. See id. (rejecting the argument that a "swollen area" or "callus" from which roots would eventually come qualified the cutting as a plant).


 
quietguy420

quietguy420

Well-Known Member
Clone – refers to a nonflowering medical marijuana plant that is no taller than
eight (8) inches and no wider than eight (8) inches that is in a growing container
that is no larger than two (2) inches wide and two (2) inches tall that is sealed on
the sides and bottom, although the seal on the bottom may contain ventilation or
drainage holes.

http://www.colorado.gov/cs/Satellite?blobcol=urldata&blobheader=application/pdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1251703849776&ssbinary=true
From the colorado .gov website.
 
SoCoMMJ

SoCoMMJ

Well-Known Member
Chris took a plea, he never made it to court. In the federal realm, if you have 1 plant you are screwed regardless of Medical Marijuana laws in the state. Feds have no Medical Marijuana so you have NO defense at all if you get there. You can't even mention medical anything in federal court for marijuana defense. You are growing weed, and will do time. That's why he took the plea.
 
colonuggs

colonuggs

Well-Known Member
SoCoMMJ said:
Chris took a plea, he never made it to court. In the federal realm, if you have 1 plant you are screwed regardless of Medical Marijuana laws in the state. Feds have no Medical Marijuana so you have NO defense at all if you get there. You can't even mention medical anything in federal court for marijuana defense. You are growing weed, and will do time. That's why he took the plea.
Click to expand...
He should have sited the fact that the federal government DOES have medical marijuana.... they are fuckin hypocrites....

A Divsion of the FEDERAL Government holds a patent for the medical properites of marijuana but they procecute people who grow it because marijuana has no medical value...so whats the deal :finger:

Why doesnt anyone bring this fact up ????

WE have every right to claim medical marijuana when in Federal Court.... The Feds have already opened that door by acknowledging the medical properties of marijuana plants with a U.S. patent.

For the Feds to hold a patent on marijuana also provides conflict with marijuana being listed as a schedule #1 drug....the Feds cant have it both ways


If you send cuts through the mail they dont consider that a living plant....any plant with roots is a living organism
 
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