I am in N.Y state and was recently busted for outdoor growing . According to NORML cultivation is only a class a misdimeaner . So can I expect to be charged with criminal possesion somewhere down the road ? I have asked , researched and have found no concrete answers . My lawyer thus far has been of little use . I have yet to be charged and am expected to turn myself in on monday the 10th. I am nervous about this as I have no idea of what to expect . I only had a few plants that were just starting to flower , so I can not imagine the weight will be all that significant . Basically is it only cultivation I will be charged with or possesion also ? Please offer up any info that may clarify this for me . In all honesty I am nervous as all hell about this . Here in upstate N.Y they bust the "mom and pop" growers who do it for personal use , while the streets crawl with HARD drugs , i.e bath-salts , heroin , crack , meth and so on . Please someone help with some info . THANK-YOU !!
Cultivation & Possession Charges in New York - Questions
- Thread starter skully65
- Start date
RoadLizard
New Member
Alls I can say is that you aren't likely going to get into big trouble with this. A few plants isn't a huge deal. I know people in NY that were caught with more plants and paid some fines. That was about it. Unless you got a total jerk judge but from what I've heard that's not likely. They come down harder on large scale dealers and traffickers. People with scales, baggies, stealing electricity, lots of pants, etc, etc. you aren't their primary target. I'd be nervous too but honestly I don't think it will be too bad. Just be respectful and polite. Be cooperative. And get a different lawyer if you dont like the one you have.
Can I ask how you got caught though? A few plants should cause a bust unless someone found them or turned you in.
Can I ask how you got caught though? A few plants should cause a bust unless someone found them or turned you in.
If u have a clean record or fairly clean record , u will be let go with some fines and a probation period where u will have to possibility take a drug class and drug testing for a few months if anything or a suspended sentence meaning if u did anything like that again in that suspended sentence time u will go to jail that's if u plead guilty .
if u make them take it to trial u will be going to jail when found guilty.
I have found in my years of being in the system , if u play it off with the DA as if u are not going to accept a plea agreement (thats if the agreement is kinda extreme) dont agree and when u have ur next hearing the DA will work out an even better deal. Cos they want to find u guilty fine u and be done with it ,too the next customer in their book.
But no worries man , u will get fingerprinted when u go monday take a mugshot and than sit in a room with a lot of other people and wait to say if u want to do a plea agreement or not in front of a judge. Ull be in and out in 4-5hrs.
And oh yea if ur not in the system yet , Let me be the first to WeLCoMe you
if u make them take it to trial u will be going to jail when found guilty.
I have found in my years of being in the system , if u play it off with the DA as if u are not going to accept a plea agreement (thats if the agreement is kinda extreme) dont agree and when u have ur next hearing the DA will work out an even better deal. Cos they want to find u guilty fine u and be done with it ,too the next customer in their book.
But no worries man , u will get fingerprinted when u go monday take a mugshot and than sit in a room with a lot of other people and wait to say if u want to do a plea agreement or not in front of a judge. Ull be in and out in 4-5hrs.
And oh yea if ur not in the system yet , Let me be the first to WeLCoMe you
jayspliff167
New Member
why would u turn yourself in if u got caught they would have arrested u on the spot..I dont know about that norml thing that its a mistameaner everybody would b doing it in ny..
Doctor Trevor
Well-Known Member
According to NORML, there is no fine or jail time if convicted of growing up to six plants. Just a spot on your record, I guess.
Would/could the courts take away your plants and equipment if convicted?
Would/could the courts take away your plants and equipment if convicted?
Either the wrong lawyer or asking the wrong questions of the lawyer.
One of those older threads that somehow shows up.
Probably a glitch in the software. I have seen them in the "New Posts" with the most recent message being several to over 10 years old until or unless someone responds.
Doctor Trevor
Well-Known Member
I didn't want to start a new thread, so I asked here.Either the wrong lawyer or asking the wrong questions of the lawyer.
One of those older threads that somehow shows up.
OK, got it. The question then is "Would/could the courts take away your plants and equipment if convicted?", right?
I think that they would have to confiscate if convicted of a crime. If it is a local ordinance violation then the guilty party is often required to make changes to the situation follows the ordinance.
Hey I'm in NY and I don't think you have to much to worry about. This is right from the website....so if you only had 6 you should be fine.
P.S- this does not apply to NYC they have a different set of rules.
P.S- this does not apply to NYC they have a different set of rules.
That says 6 plants but you can't legally have more than 3 zips not sure which place they pull their numbers out of, but it must be dark in there 
Here in OR we can have 4 plants 1 oz in public and 8 oz home or what it used to be anyway, think I heard they doubled the possession amount to 2 in public and a lb at home but haven't verified it yet on their site.
not sure which place they pull their numbers out of, but it must be dark in there Here in OR we can have 4 plants 1 oz in public and 8 oz home or what it used to be anyway, think I heard they doubled the possession amount to 2 in public and a lb at home but haven't verified it yet on their site.
