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When is a cutting legally considered a plant?

Baddog40

Member
Is a cutting considered legally a plant once its cut or once it roots? Anyone know?

This is specifically for Colorado but interested to know about other states.
 
i met some guys in amsterdam that wanted to take fresh cuttings back to somewhere in europe. the reason being that it isn't illegal until they sprout roots. i'm not sure what the laws are regarding this in the us. you may want to try asking in the legal forum.
 
B

Blue Dot

correct kmk...

roots = plant

unrooted = still not good

I think what kmk420kali was trying to say was (correct me if I'm wrong) but

roots = plant = cultivation charge

unrooted = still not good = possession charge of whatever "it" weighs.
If it weighs under an ounce in CA it's a missy misdeamenor ticket (still not good but not that bad either)
 

DocLeaf

procreationist
ICMag Donor
Veteran
A tray of clones is a tray of clones, rooted or otherwise,, the pigs will count them out as they would mother plants.

peace
dLeaf :joint:
 

JamieShoes

Father, Carer, Toker, Sharer
Veteran
so whats the difference between a drying bud and an unrooted clone?... I think they might be able to prove some intention if it you had it in a cube.. otherwise how can it be described as a plant if it hasnt been "planted"?


of course what Doc says above is closer to reality .. they would do you for any and everything and probably even pull twigs out of the bin and say they were clones too

(edit - the police in the UK once tried to do me for "supplying a controlled substance"... for passing a joint ... )
 
B

Blue Dot

A tray of clones is a tray of clones, rooted or otherwise,, the pigs will count them out as they would mother plants.

peace
dLeaf :joint:

I'm thinking they mean an unrooted cut in your trunk during transportation because a cut ain't gonna live long without roots so it has to go into a medium fairly quick regardless.

I'm also thinking they mean the mail, but am not aware it's more of a crime to ship a live plant (rooted) then the dried product (a cut).

A cut is really just processed MJ (misdeamor) that hasn't dried out fully.
 

Baddog40

Member
I guess this is another up in the air issue with medical growers with no definitive answer.
In Colorado we are allowed 6 plants per patient, but if I take 10 clones I'm lucky if 6 take root, which puts me over my limit at the time clones are cut.
 

chubbynugs

Registered Pothead
Veteran
Wrong, my brudda-- an unrooted cutting is just a piece of another plant, once it has roots, it is considered a plant--
You are wrong my friend. My buddy got caught growing and he had two 120 site ezclones with fresh cuts in them and they charged him for every one of those cuts. He was caught growing 650 plants. I agree that a plant should be considered a plant only when there are roots but in the eyes of the law if you have clones cut in trays or however you are rooting them they will count as plants. Maybe my friend just got the raw end of the deal though and this isnt the norm.
 

Moldy Dreads

Active member
Veteran
Federal- It's all illegal

Transporting across state lines - Still illegal

Bottom line - Don't count on a court to make this distinction, but unrooted cuts in a garden salad tupperware sure seems like a salad to me!!! :)
 

Grow Tech

I've got a stalk of sinsemilla growing in my back
Veteran
This is a perfect argument for the propagation technique known as Air Layering for Med patients.
Clones are rooted while still physically attached to the mother plant. Yeah dickheaded LEO could argue "intent" or something. They could also argue intent to sell because you keep sami bags in the kitchen. Point is... You'd be in a much stronger position.

Peace
 
M

Mountain

Federal- It's all illegal
Yeah but for the feds to get involved would have to be a significant amount of unrooted cuts or they just want to make an example of you. Walked into a Cali club for the first time in 5 years and a sign on the wall said basically when it has roots it goes against your count.
 

nephilthim

Member
You are wrong my friend. My buddy got caught growing and he had two 120 site ezclones with fresh cuts in them and they charged him for every one of those cuts. He was caught growing 650 plants. I agree that a plant should be considered a plant only when there are roots but in the eyes of the law if you have clones cut in trays or however you are rooting them they will count as plants. Maybe my friend just got the raw end of the deal though and this isnt the norm.

wwwwwwrong! just becasue a peestain leo want to feel his own cock rightin g up charges does not mean that those charges will stick.if asked to produce said plants he will have dried stems and leaves not a plant.
anyone can be charged with a crime the real deal is if the prosecuter agrees and files charges based on the evidence presented.and,then a judge or jury trial to determine if said charges are valid.
 

clinton

New member
In Oregon a cutting turns into a plant when it shows roots. I know of DA's who have gotton convictions on unrooted cuttings, but a good attorney would not let that happen.

Otherewise, a cop could pull one plant then cut it up and charge you with a forest.

clinton
 

REZDOG

Active member
Veteran
When is a cutting a "plant"?
When a cop is looking at it and noting on a clipboard,as they count 'em,bag 'em,and tag 'em.
Or,when your lawyer says it is.
 

Oledad420

Member
In oregon atleast, and this goes for med card holder and people that are growing illegally, it's not a plant until roots can be seen. I know this for a fact, since I was bust before I got my card and I had 150 cuts going at that time, which they did try and count as plants, but the DA threw that out, right before he decided to throw the whole case out since I had got my med card the week after I was busted.
 

ROJO145

Active member
Veteran
In NY,a cut is a plant,roots or not.And when they nab you they weigh the rootball too.I have firsthand knowledge of this and can say it with authority.My cousin was keepin a bag of sunleaf around to make hash........yes,a 2lb bag of sunleaf counts as weed too!!
 
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