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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26448
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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the law enforcement found 7 small pot plants growing in a greenhouse

Resolved Question:

the law enforcement found 7 small pot plants growing in a greenhouse in a yard in mass. What are the current laws on growing pot in mass? and what are the rights of the individual?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 years ago.
It looks like if you have plants weighing less than 50 pounds and it is your first offense in Massachusetts, you would face a misdemeanor charge, the penalty for which would be up to 2 years in prison and/or a fine of up to $5,000. For a first arrest, Massachusetts also has a diversion program where a defendant could complete a term of probation and, if successful, would be able to get the charge dismissed so that he would not have a criminal record.

When you ask about the rights of the individual, I am assuming you're talking about Constitutional issues such as the legality of the search and seizure, and or any issues of police interrogation. If you were arrested on a matter such as this and wanted to go to trial on the case, the constitutionality of these issues would be explored and challenged at pre-trial hearings. If a defendant prevails at such a hearing, evidence obtained in violation of his rights cannot be used against him at trial.

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Customer: replied 7 years ago.
i thought a falony is up to 2 years and up to 5,000 dollar fine.and a misdemeanor is probation and a fine.
Expert:  Zoey_ JD replied 7 years ago.
Not from what I see. (Click here. ) The lowest level felony for cultivation/manufacture in Massachusettes is for plants weighing over 50 llbs but less than 100. This has a mandatory minimum sentence of 1 year, (no probation option), and a range of to 2.5-15 years of jail and fine from $500 to $10,000.

Under 50 lbs., probation is likely if the defendant is otherwise eligible. (First offense)
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If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.
Zoey_ JD and 4 other Criminal Law Specialists are ready to help you