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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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penalties of marijuana cultivation

Customer Question

is there a certain number of plants that dictate the penalty?Is there a certain amt. that would be for personel use(opposed to distibution charges?Are there mandatory minimums for certain(or any cultivation?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Michelle replied 6 years ago.

Dear Customer

Possession of marijuana would be anything under 30g which is a misdemeanor and carries a $500 penalty. 30g for other than personal use is a misdemenaor and carries a penalty of up to one year and $5000 fine. However, a first offender could be granted probation.

The next category would be sale less than 1000 pounds is a felony - carries a penalty of 1 to 3 years and a fine of $5,000 to $25,000 - if there is a prior conviction the max of 3 years is possible.

More than 1000 pounds is a felony and carries a 10 year sentence with a $100,000 fine.

Cultivation there is a mandatory minimum sentence of one year, $5000 fine for 2 to 10lbs or 10 to 21 plants - this is doubled if there is prior conviction. 10 to 50 lbs or 21 to 51 plants is mandatory minimum sentence 3 years, $15000 fine - if subsequent offense, 4 years, $30,000.

And, of course, there are additional penalties for the sale to someone under the age of 21 or distribution within a drug-free zone.

Best to you in this matter,

 

 

Customer: replied 6 years ago.
one more question.I have no previos record.I am gainfully employed(a foreman at a lawn service.What are my chances of probation or a lesser charge for approx. 20 plants(approx 3 feet tall?
Expert:  Michelle replied 6 years ago.

Dear Customer

If this is a frist offense, you could get probation. It has been known to happen. But this is something that needs to be negoiated with the Prosecutor's office. My rule of thumb is when there is a possible sentence involving incarceration it is always best to consult with a local attorney. Therefore, you might consider such. One can never predict what a judge will do without such a plea be worked out.

Best to you,

 

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and 11 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
please answer this question and i will accept.Very promt answer. I would recommend this service to my friends.
Expert:  Michelle replied 6 years ago.

Dear Customer

It seems our responses crossed - but if you have another question, please let me know.

In the meantime, thank you for the accept and best to you ~ Michelle

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