kevmeyer84
Member
Yea, I was told by both the police and my lawyer that they go by weight here I guess
Just got busted with 3 plants but recieved no charges.?.?
- Thread starter kevmeyer84
- Start date
cdd10
Well-Known Member
Well that sucks
kevmeyer84
Member
Yea, I just looked it up.. I will probably get a 5th degree felony for 200 - 1000g's.. Carries a 6 to 12 month prison sentence... Fuck
BarnBuster
Virtually Unknown Member
no priors?
benton OG
Well-Known Member
Yeah the stupid ass cops have no idea how to weigh . The plants are going to be super heavy compared to if they were harvested dried and cured. They will stick you with the most possible weight. There is no way you would have got 1000 grams with 3 plants unless they needed bulldozers to get them out. This does suck but you have to watch who you talk to for sure.
I say you would have got an oz out of those three plants. Just trying to help
I say you would have got an oz out of those three plants. Just trying to help
kevmeyer84
Member
I wish it would have been just an ounce right about now.... That would make me feel much better... BUt they were like 2 weeks from harvest and the buds were bulging on all of them... It was 10 ounces easy... But even a pound would not be 1000 grams so I guess an F5 it is... Will probably get plea bargained to a misdemeanor and after that I don't know what is going to happen..
kevmeyer84
Member
Last charge was over 7 years ago, I was with a buddy that liked to shoot the junk and I got busted with him and got a heroin possession charge, but that's a different story... Anyway.. that is the only charge other than small underage alcohol charges..
kevmeyer84
Member
This makes me feel a little better... Hopefully I can prove 3 were just for me:
** Ohio provides an affirmative defense for this level of cultivation if the defendant can meet the burden to prove that the marijuana was intended solely for personal use by a preponderance of the evidence. If this defense is successful, the defendant can still be convicted of, or plead guilty to, a misdemeanor violation of illegal cultivation of marihuana.
Penalties for the cultivation of marijuana are identical to the penalties for possessing an equivalent amount, in weight, of marijuana. See the chart above for further guidance.
- Ohio Revised Code 2011, §3719.01 (O) Web Search
** Ohio provides an affirmative defense for this level of cultivation if the defendant can meet the burden to prove that the marijuana was intended solely for personal use by a preponderance of the evidence. If this defense is successful, the defendant can still be convicted of, or plead guilty to, a misdemeanor violation of illegal cultivation of marihuana.
Penalties for the cultivation of marijuana are identical to the penalties for possessing an equivalent amount, in weight, of marijuana. See the chart above for further guidance.
Matt420Aus
Member
You should know the laws in the place you grow in and grow accordingly. Carbon filters are a massive benefit that can prevent anyone from smelling things even if they were a meter from your grow space. Alternative is outdoor cultivation and gorilla growing over several locations to ensure a supply regardless of if some idiot comes across your grow or the police seize it.
Sorry to hear of your troubles, but don't believe the worst, if you have no past convictions and the number of plants is minimal depending on location and your states laws you will probably only get a fine and possibly community service or whatever the equivalent is where you live, perhaps a deferral to drug rehabilitation course. Ive been to one of those and they are a joke, you just sit there nod your head and pretend like your sorry.
So many things are wrong with how the police handled that situation, if your breaking the law they must arrest you and do the paper work at the time of confiscation, record weights etc. Also if your getting charged with cultivation any or all evidence used in the crime must be seized and recorded. The police stating you should sell it and not doing this is a violation of their own laws.
It all just sounds like a shake down by your local police force.
Sorry to hear of your troubles, but don't believe the worst, if you have no past convictions and the number of plants is minimal depending on location and your states laws you will probably only get a fine and possibly community service or whatever the equivalent is where you live, perhaps a deferral to drug rehabilitation course. Ive been to one of those and they are a joke, you just sit there nod your head and pretend like your sorry.
So many things are wrong with how the police handled that situation, if your breaking the law they must arrest you and do the paper work at the time of confiscation, record weights etc. Also if your getting charged with cultivation any or all evidence used in the crime must be seized and recorded. The police stating you should sell it and not doing this is a violation of their own laws.
It all just sounds like a shake down by your local police force.
kevmeyer84
Member
All I knew is that Marijuana is illegal in Ohio.. I did not care though because I was tired of getting guns stuck in my face and my money stolen in Columbus fucking Ohio when I try to go buy weed on the street... I like to smoke for my migraines because my doctors won't give me shit so I decided to grow a little for myself... I had a carbon filter hooked up but it didn't matter because they found it accidentally I think..I think they came because a new asshole neighbor probably called and when I opened the door they smelled it and came in... I think they just expected to find me smoking on a bag of weed and then the plants in the tent were a bonus to them...
I agree about the way they handled everything... I am still trying to figure out what happened to me. I am also hoping that because of the way they handled it maybe my lawyer can get this dropped before it goes anywhere.. But that is a longshot.... And with my luck it would be like winning the lottery 3 times in a row..
KushLyle
Member
I don't know about the laws of your State but up to two years is quite heavy a penalty for a first time offender.
Good luck on you Man. Hopefully your lawyer can wiggle you out of prison term it sucks to be behind bars for just what..three plants?
Dude, its legal in 2 states and medical in a ton of others... your situation sucks and cant be 100% sure about strict judges there BUT lawyers can argue all sorts of things for medical reasons. Find a doctor who will write your migrain situation on paper and then use that with another state who says mmj helps that and how your young cant move and no medical insurance for proper meds. This was only option and your personal use only. Cops will have a report made up of the 'smell' of weed so its obvious you were using it alone in your place. Also if they took your buds and bagged them dont worry cause when it comes time to check evidence they'll be covered in mold and easy to argue wet weight and for you to say dry would easily be less than 1000g for a possession charge.
They cant say your wrong so cant just dismiss what your saying as not true...
ALTHOUGH, thats is a court preceding. Which takes couple yrs atleast to get to and many wasted days at court sitting on bench. Its up to your lawyer to convinve prosecutor and pleed out to a mist. Charge of some sort with probation and court fines. Going to trial on such a stupid case wont happen unless you have ton of money to waste. They will offer a plea deal and its up to your lawyer how to play his cards when talking to him.
They cant say your wrong so cant just dismiss what your saying as not true...
ALTHOUGH, thats is a court preceding. Which takes couple yrs atleast to get to and many wasted days at court sitting on bench. Its up to your lawyer to convinve prosecutor and pleed out to a mist. Charge of some sort with probation and court fines. Going to trial on such a stupid case wont happen unless you have ton of money to waste. They will offer a plea deal and its up to your lawyer how to play his cards when talking to him.
Dude, its legal in 2 states and medical in a ton of others... your situation sucks and cant be 100% sure about strict judges there BUT lawyers can argue all sorts of things for medical reasons. Find a doctor who will write your migrain situation on paper and then use that with another state who says mmj helps that and how your young cant move and no medical insurance for proper meds. This was only option and your personal use only. Cops will have a report made up of the 'smell' of weed so its obvious you were using it alone in your place. Also if they took your buds and bagged them dont worry cause when it comes time to check evidence they'll be covered in mold and easy to argue wet weight and for you to say dry would easily be less than 1000g for a possession charge.
They cant say your wrong so cant just dismiss what your saying as not true...
ALTHOUGH, thats is a court preceding. Which takes couple yrs atleast to get to and many wasted days at court sitting on bench. Its up to your lawyer to convinve prosecutor and pleed out to a mist. Charge of some sort with probation and court fines. Going to trial on such a stupid case wont happen unless you have ton of money to waste. They will offer a plea deal and its up to your lawyer how to play his cards when talking to him.
They cant say your wrong so cant just dismiss what your saying as not true...
ALTHOUGH, thats is a court preceding. Which takes couple yrs atleast to get to and many wasted days at court sitting on bench. Its up to your lawyer to convinve prosecutor and pleed out to a mist. Charge of some sort with probation and court fines. Going to trial on such a stupid case wont happen unless you have ton of money to waste. They will offer a plea deal and its up to your lawyer how to play his cards when talking to him.
rollajoint
Well-Known Member
I don't now what the law is like over there but I know if that was in the u.k that case would be laughed at in court . Left No paper work no warrant no arrest at scene told you to sell the grow gear . I wouldn't admit to anything take them through the court . That is not was police are payed to do .
Time to move my friend.
You'll be an easy mark now if not.
You'll be an easy mark now if not.
banks dank
Active Member
Plea it down this whole situation seemed unorthodox im sure u got have a fighting chance.
It is not at all unrealistic for cops upon finding a small grow to simply tear it down and leave it at that. If a couple plants isn't a big deal in your state you can get some LEO that just don't care that much about a little pot or don't want to spend the next 5 hours on booking, paperwork, etc. Particularly if their entry to the residence was iffy. I mean, come on, none of you folks have ever had a cop just confiscate your bag of weed and not even bother giving you a ticket? Well, it's 2014. A few plants in the closet ain't much different than a little personal bag in many places these days. Rippers? Shake down by real LEO? Ridiculous. Wouldn't hurt to get an hour of a MJ friendly lawyers consulting time, though, particularly so you have someone to call if they do send a narc over to try and pressure you into joining the snitch team.
Also, weight for the purpose of determining what crime it is usually has to be dried buds only. Nothing wet, no big stems, rootballs, soil, etc.
Also, weight for the purpose of determining what crime it is usually has to be dried buds only. Nothing wet, no big stems, rootballs, soil, etc.
