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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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.