Plant Number Question - Pennsylvania

[LetUsC]

Do small moms (bonsai) and cuttings in a bubbler count towards the state minimum numbers? I have 5 bonsais and usually flower 4 large plants in an attempt to stay under the 10 which leads to automatic minimum sentence. Do my cutting in bubblers count? How about the small mums? Or is it only plants in flower? Thanks.

LUC

Reknowned Herbalist

 

[EthnobotanicA]

if it has roots, it's a plant. They will get you with whatever they can.

 

[CaptainTrips]

Just make sure they don't get you, plant numbers matter not. lol Don't tell anyone, the chances of being caught with such a personal grow is so small, short of some emergency. (fire, serial killer in your living room)

 

[SkareCrow]

Just make sure they don't get you, plant numbers matter not. lol Don't tell anyone, the chances of being caught with such a personal grow is so small, short of some emergency. (fire, serial killer in your living room)

um... yes they do

in pa if u have 10 or more u get 1 year in prison mandatory...

so yea I would say that, that matters unless u enjoy jail

yes they count. even in cuttings arn't rooted they will usually count them regardless

 

[CaptainTrips]

um... yes they do

in pa if u have 10 or more u get 1 year in prison mandatory...

so yea I would say that, that matters unless u enjoy jail

yes they count. even in cuttings arn't rooted they will usually count them regardless

Uh, I was saying, dont get caught, and plant numbers don't matter... lol You'll probably end up in jail anyway even if your under some "magic" plant count number...

 

[79towncar]

Plant counts do matter but alot of times they charge you with intent to distribute which holds about an equal sentence..

 

[SkareCrow]

ok

lets just put it this way...

I JUST GOT BUSTED IN PA!!!

i HAD 9 plants and even after that they tried to get me for 2 YEARS cuz a church was near me (school zone)


if u dont protect yourself then your a moron
don't listen to ppl that have no experience being busted or growing

 

[SkareCrow]

Plant counts do matter but alot of times they charge you with intent to distribute which holds about an equal sentence..

WRONG

IN pa 9 plants - is no mandatory sentence


10 plans + is 1 year MANDATORY

 

[79towncar]

....

 

[79towncar]

J.A03014/06
2006 PA Super 148
COMMONWEALTH OF PENNSYLVANIA,
Appellant
:
:
IN THE SUPERIOR COURT
OF PENNSYLVANIA
:
v. :
:
...,
Appellee
:
:
NO. 1045 EDA 2005
Appeal from the Order Entered March 22, 2005
In the Court of Common Pleas of PHILADELPHIA County
Criminal Division, at No. 0209-2108 1/1
BEFORE: McCAFFERY, PANELLA, and JOHNSON, JJ.
OPINION BY McCAFFERY, J.: Filed: June 23, 2006
¶ 1 Appellant, the Commonwealth of Pennsylvania, appeals from the trial
court’s order granting, in part, Appellee Ryan Free’s motion to dismiss the
criminal charges filed against him.1 Specifically, the Commonwealth seeks a
determination of whether the trial court abused its discretion in finding that
Appellee’s due process rights would be violated if he were required to go to
trial in the absence of evidence that had been destroyed. After careful
consideration of the applicable law and a thorough review of the certified
record, we reverse and remand for further proceedings.
¶ 2 The relevant facts, gleaned from the trial court opinion, the parties’
briefs, and the certified record, are as follows. In September 2002, Appellee
1 This order is appealable by the Commonwealth pursuant to Pa.R.A.P. 311(d).
See Commonwealth v. Karetny, 583 Pa. 514, 527, 880 A.2d 505, 513
(2005) (holding that the Commonwealth is entitled to appeal from an order
quashing some, but not all, of the charges filed against a criminal defendant).
J.A03014/06
2
was arrested and charged in Philadelphia with Possession of a Controlled
Substance and Possession with Intent to Deliver (“PWID”).2 Police executed a
search warrant at the property where Appellee was arrested, seizing
approximately 174 marijuana plants3 from various rooms in the house, as well
as fluorescent lights, fertilizer, and other materials commonly used for growing
marijuana. (Notes of Testimony (“N.T.”), 2/26/04, at 7-8).



You see???????????

There is also one case where a man got caught with 700 plants and got a maximum sentence of 5 years but actually did less time then that... There are cases where people get convicted with the mandatory minimum... But alot of times they had court issued attorneys... Most cases or grow busts are not even classified as so.. They are usually under manufacture, distribute, dispence.. If you would like some court documents that you can see online I will be glad to link you.. They can help give attorneys strategys and help you or somebody you know appeal there case or use them for just general help.. Hope this clears things up mandatory minimums are not always set in stone. Sometimes the defendant can make a deal with prosecution to plead guilty to a lesser charge...

 

[the_man]

yes post some links for PA please

 

[Ickis]

I guess the SkareCrow was scared off by facts. LOL! His lawyer must suck too because he seemed like he was in a real bad mood and misunderstanding people.

 

[the_man]

go easy on SkareCrow he has plenty to deal with right now

 

[79towncar]

Ehh no bid deal if anything I was the one who was acting childish.. My post was harsh.. I did send a PM appologizing tho. Now all is good with the world haha..

 

[shack]

Hey all, I got busted on 4-20-09,(in Pa.)
I had 100+ plants and loaded guns in the house.
I';m being charged with Manufacture with intent to deliver,possession of a controlled substance without authorization and possession of paraphanila .
Just talked to my lawyer today, he said it will depend on the District Attorney,weather they try and charge me with the mandatory minimum.If they do charge me with the mandatory minimum,anything less than 5 years will be a win for me.
We are a long way off from sentencing and a lot can happen,but I'm hoping and praying for county time.I've never been arrested for anything until now.
I didn't even have a pre hearing yet,its been moved 3 times now.
We'll know a lot more after that.

 

[the_man]

oh man shack

if you don't mind what county

from reading alot of cases your lawyer is right it depends on the county's District Attorney

 

[KMK0420]

eek... i have 11 goin right now, seedlings, but i'm hoping for 9 females or less! lol, a pretty good bet i'll only get a few.

 

[SweetDiesel]

Hey Ickis track me down if you see this...can't PM here...probably because I only jump on to track people down. Might as well post my indoor BB grow where there's actually some activity. See you all soon with some pics.

best wishes

 

[ourcee]

Sometimes the defendant can make a deal with prosecution to plead guilty to a lesser charge...

I advise seeking an attorney obviously, however ANY DEAL that the prosecution throws at you is going to be IN THEIR FAVOR.

let me ask you this, its their job right? they get paid to make these prosecutions and "put the bad guys in jail"

so are they going to "give you a break" cuz you were growing weed and not slangin coke? hell no, you are a number now. Thats all. Dont think you are special to them and not just a number.


I got caught up with somewhere in the midst of 10 felonies. I could have probably walked from all but cultivation if I fought it.

cultivation is a non reducible felony where I'm at. i.e. no judge is ever going to lower that to a misdemeanor so that I can go get a job in the future, sign up on eHarmony , or buy me a bitchin gun, so what did I do? I took a stupid plea deal.

I got stuck with three felonies, granted they are reducible, but the three charges I got now will forever be worse looking than "cultivation" ever would have been.

If they are offering you a plea deal, it means something.

If they have enough evidence for EVERY CHARGE to stick (which they will tell you that they DO[of course]) they would NOT be offering a (good) plea deal.

The ONLY incentive for them to offer you a plea is to get the case over and done with, a quick win for them. They do this because in my experience 95% of people (if not more) take a plea deal.

do you know how much it costs to take a case to trial? even a petty possession of a gram one? thousands upon thousands upon THOUSANDS of dollars.

if every single case went to trial, the justice system would get so backed up within a week that they would have to have massive reform. Dont believe me? Spend some time at your local county jail then come tell me I'm wrong.


this is how I look at it, I can take a plea, give them the easy way out, and just admit it. OR I can make them PROVE beyond ANY AND ALL reasonable doubt (hung jurys are awesome) that I am GUILTY WITHOUT QUESTION of the charge. Cant say "intent to distribute" if all you have is plant #'s, no scales? no bags? NOTHING indicating sales? so how would a jury convict you on that charge? There is ZERO evidence other than the number of plants.

if you DID take it to trial instead of plea, worst case scenario is you end up in the same boat you are in now.....

dont let the imposition of a multi year sentence scare you into signing something. I was getting threatened with almost 4 years. I ended up doing 6 months for something that I could have beaten in court most likely.

 

[budlykush]

It's also in your best interest NOT to waive your right to a speedy trial. Keep them hopping. If everybody kept this one basic right, the courts would be totally overwhelmed.

Never give them the upper hand by giving them all the time they need. It it our basic right to a speedy trial.