Wingman420
Commercial Cultivator
Hello members and 420Mag Family,
Some of you may know me and I may be new to others but I hope this will help all.
As MMJ is very new in RI and a few other States the Law has not seen court challenges and there are no decisions written to guide overzealous prosecutors and police
As even an hour to be detained is significant please think about what you may be doing and the ability of LEO to charge you with any crime.
It is unfortunate today that incarcerration in America has become an industry.
What happened to America that people are no longer innocent until proven guilty?
Although there are MMJ Laws allowing Patients and Caregivers to legally grow there is much LEO is not familiar with except plant counts.
If the Law claims that in RI "a patient may have 12 adult (flowering plants) and 12 seedlings" one would think you could start off with 24 seeds (non feminized) grow 24 plants in vegetative growth then move 12 into another room and kick into bud. Voila 12 flowering or "mature plants" and 12 seedlings even tho at least half would be male and need to be discarded as "unusable." You could then clone females to bring you back up to 12 "flowering" and 12 seedlings.
Well if LEO saw such a garden, where there were more than 12 plants what would they do?
They (LEO's) can do a few different things but will most assuredly take you along with everyone else to jail where you can be held with out bail.
Now factor in Caregiver Status, Collectives and Co-Op's and realistically any one facility or building could legally contain 97 plants and stay under the Feds magic number 99.
We are the pioneers in our States who will pay for MMJ reform with our lives hopefully enabling other citizens generations from now the luxury of no stigma or penalty for use or grow.
When a plant such as Cannabis is so clearly helpful and supposedly legal how could this happen?
There are many people getting caught in the wake of MMJ reform who are being charged with violating the Controlled Substances Act for simply growing plants that LEO claims are illegal or outside "Safe Harbor."
These same people would never have done so had it not been the promise in America that The Law is for All to enjoy and would protect them. Only to find out that in some places MMJ and the license to grow is not equally protected under the law and will wind them in jail or prison.
There are many aspects of this problem and it will only be resolved in State Courts. My hope is maybe to open up a dialog about what might happen and what the penalties for that are. I also would like to start a community chest of sorts where people can share case law or ideas that may be benficial to court cases now or in the future.
For instance, in RI if the police think you have too many plants you are going to jail regardless of license. The charges will be serious, and will be Cultivation and Manufacture of Controlled Substances with penalties depending on weight of aggregate (they weigh the soil, rockwool, hydroton, pots and plants as one) you are looking at a minimum 20yrs and a one million dollar ($1,000,000) fine (1-5kg) with higher sentencing for more weight (+5kg) min 30yrs.
Now god forbid you have weapons forget it you are done.
To charge Manufacture normally police need a scale (that they will test for residue of any substance) but this is not needed if you are growing MMJ you qualify for the Manufacture charge automatically.
Now this is just an example of RI State Law, every State has different Laws but believe me because of the Controlled Substances Act of 1970 all States have huge sentences for these charges.
If there is anyone who reads this please let us know what you think, the sentences in your Country, or State, and if you have something to add.
Thanks
Some of you may know me and I may be new to others but I hope this will help all.
As MMJ is very new in RI and a few other States the Law has not seen court challenges and there are no decisions written to guide overzealous prosecutors and police
As even an hour to be detained is significant please think about what you may be doing and the ability of LEO to charge you with any crime.
It is unfortunate today that incarcerration in America has become an industry.
What happened to America that people are no longer innocent until proven guilty?
Although there are MMJ Laws allowing Patients and Caregivers to legally grow there is much LEO is not familiar with except plant counts.
If the Law claims that in RI "a patient may have 12 adult (flowering plants) and 12 seedlings" one would think you could start off with 24 seeds (non feminized) grow 24 plants in vegetative growth then move 12 into another room and kick into bud. Voila 12 flowering or "mature plants" and 12 seedlings even tho at least half would be male and need to be discarded as "unusable." You could then clone females to bring you back up to 12 "flowering" and 12 seedlings.
Well if LEO saw such a garden, where there were more than 12 plants what would they do?
They (LEO's) can do a few different things but will most assuredly take you along with everyone else to jail where you can be held with out bail.
Now factor in Caregiver Status, Collectives and Co-Op's and realistically any one facility or building could legally contain 97 plants and stay under the Feds magic number 99.
We are the pioneers in our States who will pay for MMJ reform with our lives hopefully enabling other citizens generations from now the luxury of no stigma or penalty for use or grow.
When a plant such as Cannabis is so clearly helpful and supposedly legal how could this happen?
There are many people getting caught in the wake of MMJ reform who are being charged with violating the Controlled Substances Act for simply growing plants that LEO claims are illegal or outside "Safe Harbor."
These same people would never have done so had it not been the promise in America that The Law is for All to enjoy and would protect them. Only to find out that in some places MMJ and the license to grow is not equally protected under the law and will wind them in jail or prison.
There are many aspects of this problem and it will only be resolved in State Courts. My hope is maybe to open up a dialog about what might happen and what the penalties for that are. I also would like to start a community chest of sorts where people can share case law or ideas that may be benficial to court cases now or in the future.
For instance, in RI if the police think you have too many plants you are going to jail regardless of license. The charges will be serious, and will be Cultivation and Manufacture of Controlled Substances with penalties depending on weight of aggregate (they weigh the soil, rockwool, hydroton, pots and plants as one) you are looking at a minimum 20yrs and a one million dollar ($1,000,000) fine (1-5kg) with higher sentencing for more weight (+5kg) min 30yrs.
Now god forbid you have weapons forget it you are done.
To charge Manufacture normally police need a scale (that they will test for residue of any substance) but this is not needed if you are growing MMJ you qualify for the Manufacture charge automatically.
Now this is just an example of RI State Law, every State has different Laws but believe me because of the Controlled Substances Act of 1970 all States have huge sentences for these charges.
If there is anyone who reads this please let us know what you think, the sentences in your Country, or State, and if you have something to add.
Thanks
