Z
Zoolander
Far as I know is when they have roots
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When is a cutting legally considered a plant?
- Thread starter Baddog40
- Start date
Tell my buddy why they charged him with all 650 plants then. There were only 400 in flower and none in veg and he got tagged for all of them. He did only one year and is on probation for three. They seized his house and his car. I am telling you they can count them if they want too. I agree a good lawyer will get you off a hell of a lot easier though. Lawyer fees were 15 grand.
nephilthim
Member
yea his lawyer sucked,or was it a public pretender?I think most of these drug cases would be better off arguing in front of a jury.since a crime requires a victim right? whose the victim? your friend is for putting faith in his attorney,and the courts.
If this question is being addressed in court, it depends upon the quality of the legal representation for the defendant and the scope of the prosecution too.
If you have a public defender and no court qualified expert witnesses... count it as a plant the second it goes from rooting hormone into a substrate.
If you have a marijuana specialist for an attorney that hires an expert witness, such as Rosenthal (seriously) then it would be when it first roots into the substrate.
If you have a public defender and no court qualified expert witnesses... count it as a plant the second it goes from rooting hormone into a substrate.
If you have a marijuana specialist for an attorney that hires an expert witness, such as Rosenthal (seriously) then it would be when it first roots into the substrate.
Nice post
The latter carries no weight as evidence in a court of law,,, whereas the clipboard (and photographs) are usually submitted as evidence by the prosecution.
Since most narcs don't hold an interest in botany,, if it looks green with leaves on,, they gonna say its a plant,, regardless of how well the rooting compound did or didn't work..lol
Medi. rules,, which are ambiguous at the best of times,, may of course differ
peace n love
No, that isn't what I was trying to say--
A Mother Plant and 50 unrooted cuttings, is 1 plant-- (For legal Medi-Patients)
Granted, cops are dicks, and they may count them all, but all the stupid shit they do, can be worked out in Court-- If they count them as plants, they will take pics of the roots (I've seen it), they video and take massive pics when they take down a grow, at least if it has any indication of being medical--
B
Blue Dot
Huh? If what you are saying is true then you would be charged with cultivation of the one mother and possession of processed MJ for however much the 50 unrooted cuts weigh.
That's two separate charges.
Just because an unrooted cut is not a plant doesn't mean it's nothing either.
It still has MJ genes so if it's not a plant then it's processed MJ (albeit one that has JUST begun the drying and curing process).
Please quit grabbing at air-- No, (For Medicinal Purposes) only the dried flowers shall be counted as your allotted weight, not leaf, stalks or roots--
Cops break this regularly, but you can win in Court easily--
Yeah they have a better chance at charging you for them as plants then processed MJ.
purrpullkush
Member
Of course the cops will count unrooted clones, they'll also take your cash and call it drug sales proceeds, take your bubblebags and call it manufacturing, take your scale and call it indicia of sales...Don't expect the cops to be smart or to be educated botanists. When you get to court any decent lawyer should be able to make a compelling argument that an unrooted cutting is not a plant and there are plenty of court qualified expert witnesses who will testify to this fact. There is plenty of precedence to support this argument, but I'm too lazy to search through all the documents. If you are really interested in how this gets handled in the real world I suggest you look at some case minutes.
Even if LE "bags n tags" your cuts as plants, during you trial you are allowed to "call witnesses to testify on your behalf". This is where you would hire a professional, preferrably a biologist, to state that a plant is not a plant without a root system. He could argue on your behalf and the jury takes from it what they will. He could simply state from a scientific standpoint that a plant constitutes a way to absorb food to facilitate photosythesis. These are true statements.
B
Blue Dot
Really?
Ever seen a fallen tree in the forest, laying horizontally on the ground? One that has broken itself off from its root system.
Notice those new sprouts coming off of it?
Are you saying the broken log is no longer a plant?
In other words, roots are NOT essential for photsynthesis.
"Plants" even without a root system, can survive a period of time on their internal energy reserves alone.
For that matter, how can a seed sprout without roots?
Surely you wouldn't say that a germinated sprout is not a plant because it doesn't have roots.
Seeds are able to germinate off their internal sugar reserves stored in the seed capsule.
The advantage of a homemade bubble cloner, you can see when if it has roots (or not in my case)
norcalkell
Member
Here in CAli once it roots = a plant
I believe California will charge you as if your clones are plants and the feds dont count them without roots. Just my take on it.... but I know for a fact that California will charge you as if they are ALL plants roots or no roots. period dot
Prolly has alot to do with what county your in to be truthful. None of them charge you the same ... its changes just driving ten miles down the road if you live by the county line
wish they would just wise up and leave us alone.
Prolly has alot to do with what county your in to be truthful. None of them charge you the same ... its changes just driving ten miles down the road if you live by the county line
wish they would just wise up and leave us alone.
So what the heck stops them from taking a pair of snips and turning 1 plant into 10 or 50 or 100 plants or more depending on the number of branches? Hmm, maybe I shouldn't give them any ideas...
My thoughts exactly....
C
CheifnBud2
Technically, when the cutting has developed any signs of a root system it is a plant.
In some cases i have heard of people having unrooted cuttings added to their plant count, im not sure if they ended up guilty or not guilty in any case though.
In some cases i have heard of people having unrooted cuttings added to their plant count, im not sure if they ended up guilty or not guilty in any case though.
