if i was busted carrying cuttings with no roots
- Thread starter bigwity
- Start date
Pompey_Monkey
Member
Good question.
If they found growing equipment on you, or used the cuttings as "reasonable cause"* to search your property and found growing equipment, then they would probably try to get you on a "conspiracy to cultivate" charge. Worse, if you had many cuttings it might even go to a "conspiracy to produce" which is the charge associated with supply/dealing.
AFAIK, the "conspiracy to" charges carry just as much weight as actually getting caught in the act when it comes to the courts.
I hate transporting cuttings!
*Or whatever they call it.
If they found growing equipment on you, or used the cuttings as "reasonable cause"* to search your property and found growing equipment, then they would probably try to get you on a "conspiracy to cultivate" charge. Worse, if you had many cuttings it might even go to a "conspiracy to produce" which is the charge associated with supply/dealing.
AFAIK, the "conspiracy to" charges carry just as much weight as actually getting caught in the act when it comes to the courts.
I hate transporting cuttings!
*Or whatever they call it.
They'd nick you for herbal cannabis posession imo, depends how obvious it is too. depending on where you are in the country would dictate severity of charge/sentence. I could see a spot fine for posession as long as it wasnt a silly amount.(& considering ones form etc), you might get lucky/ just as easy be a knightmare too.
Pompey_Monkey
Member
Sounds like a probable outcome too - I do have a tendency to see the worst possible outcomes. lol.
i think i could argue the case in court, its a grey area because it needs root to be classed as a plant. it would depend on the amount obviously.
ok different scenario.
say you were caught recieveing rootless cuttings in the post and you had no equiptment at your house. would you be charged with conspiracy to grow then.
my girlfriend is on her last year doing a law degree and even her tutors cant give us a answer.
has any1 been busted sending cuttings.
ok different scenario.
say you were caught recieveing rootless cuttings in the post and you had no equiptment at your house. would you be charged with conspiracy to grow then.
my girlfriend is on her last year doing a law degree and even her tutors cant give us a answer.
has any1 been busted sending cuttings.
I'm no solicitor but come on, the CPS have enough trouble making things stick with way more evidence than that.
Pompey_Monkey
Member
I guess the onus would be on the prosecutor to prove that you'd solicited the cuttings in the first place. If they couldn't do that, then you could easily argue that someone else was behind the wheeze, for whatever reason. That would be especially convincing, if, like you hypothesised, you had no cultivation capability at your house. I do wonder though if the garden could be considered as "equipment"?
I must point out that I'm in no way qualified in any aspect of law - I'm a scientist by profession - but I do like to speculate, hopefully in a logical and coherent manner!
It would be interesting to hear from anyone who does have first-hand experience too.
dont worry about your lack of qualifications pompey. this is just a discussion its all hypothetical.
I like the garden thing is a valid point i wonder if they could argue the fact you could grow outside. i suppose it would depend on the time of year as well.
ive never heard of any1 getting busted with cuttings. thats not to say it hasnt happened.
my answer would be to say its a ex girlfriend trying to get me jail time. they would prob buy that as women are crazy bitchs.
i think the police would let the parcel through wait a few weeks then raid the address.
cheers for the input guys
I like the garden thing is a valid point i wonder if they could argue the fact you could grow outside. i suppose it would depend on the time of year as well.
ive never heard of any1 getting busted with cuttings. thats not to say it hasnt happened.
my answer would be to say its a ex girlfriend trying to get me jail time. they would prob buy that as women are crazy bitchs.
i think the police would let the parcel through wait a few weeks then raid the address.
cheers for the input guys
Again without roots they are not plants, it is wet herbal, i cant see a case for cultivation/attempted if you had nothing in the house in terms of equipment. CPS would have a job proving this one imo. couldnt see them bothering, dependant on what was said to the pigs/law of course. I could see young novice types shooting themselves in the foot, but if your clued up & say the right things, it would be simple posession imo. Not a botha! without roots & a potential grow op, CPS have little else to charge you with. They dont fight cases that they could soo easily lose, they dont like losing or wasting money do they. Judges aint in to wasting time either ime. CPS wouldnt bother imo bro! unless it was really obvious & tons of it, would depend on circumstance!
Ok. A few years back I got busted with over 80 mature plants and over 4 props full of unrooted clones.
Now they took photos of all the clones and counted. Charged me with with over 300 plants.
I demanded to see the photos show that these so called plants had roots. They could not show me as they did not have any roots nor did they take photos.
I then demanded my solicitor to get the charges lowered to the actual plant count. 2 weeks later CPS came back to me and said, yeah, your right we can not count them, So with a little more giggery pokery I got the charge down to 60.
Essentially until a plant has roots its no more than simple possession of cannabis. Having said that, if all you got caught with was un rooted clones you will be looking at some kind of trouble. Even if its just being hauled throw the court system.. fucking hate that shit.
Now they took photos of all the clones and counted. Charged me with with over 300 plants.
I demanded to see the photos show that these so called plants had roots. They could not show me as they did not have any roots nor did they take photos.
I then demanded my solicitor to get the charges lowered to the actual plant count. 2 weeks later CPS came back to me and said, yeah, your right we can not count them, So with a little more giggery pokery I got the charge down to 60.
Essentially until a plant has roots its no more than simple possession of cannabis. Having said that, if all you got caught with was un rooted clones you will be looking at some kind of trouble. Even if its just being hauled throw the court system.. fucking hate that shit.
E
e4ian
i'll keep a close eye on this thread bigwity 
p.s
im going to add a pic or two to your ..'running the blues thread' bud.
yeahhh i dont like the court system to,i got nabbed on new years eve 2007[of all 'days/NIGHTS], sure it was class c then,i just got a caution!.i think the law is the law no matter how u dress it up + with weed going back up to class b-could mean big trouble especially if you've been caught b4.
p.s
im going to add a pic or two to your ..'running the blues thread' bud.
yeahhh i dont like the court system to,i got nabbed on new years eve 2007[of all 'days/NIGHTS], sure it was class c then,i just got a caution!.i think the law is the law no matter how u dress it up + with weed going back up to class b-could mean big trouble especially if you've been caught b4.
Your lucky imo Herb, the intent was there, they were already in the prop, 60's enough, they obviously got their prize! The laws funny on stuff like that, sometimes it will go with ya(luck) & sometimes it goes against! Looks like the law worked in your favour on that one, lucky as!
Wouldnt fancy trying to prove that to a jury-(crown court), dont think they'd see it that way!
What sentence did you get for 60 or was it 80 mature plants?, thats Big shit trouble in itself, sentencing is so different in different cases. Always depends on whats said, circumstances etc.
Wouldnt fancy trying to prove that to a jury-(crown court), dont think they'd see it that way!
What sentence did you get for 60 or was it 80 mature plants?, thats Big shit trouble in itself, sentencing is so different in different cases. Always depends on whats said, circumstances etc.
would they still class them as plants, im thinking if they werent in soil and didnt have roots, id be able to argue the case. maybe id get done for carrying smoke.
its just somthing ive been wondering about. does any1 have any knowledge of this.
You should be able to find your laws on the net.. good luck peace out Headband707
G
Guest 88950
im curious too b/c i prefer to transport w/o roots for the same reasoning and im not in a med state.
even w/o roots it would still test pos for cannabis and you would be subject to any laws regarding cannabis being illegal.
check your state
you dont need equipment to grow unrooted clones so that part is irrelevant.
as i mentioned above, an un-rooted cutting will still test + for Cannabis and i believe that any form of cannabis sent through the mail is against federal laws.
if the tutors cant provide case law the go to the professor. there is nothing to hide about wanting to know a certian aspect of the law.
thats just my uneducated take on it but i would like to hear what your girlfriends professor has to say.
keep us posted
EDIT: just noticed the forum...UK Forum
Due to mitigation my first bust ended in a condition discharge.... yeah they thought they hit jack pot, loads of weed, plants, equipment. etc. BUt my solicitor showed a bag containing a months supply of pills that I take for my illness.... over 300!!! And within 15 mins I was condi discharge for a year.
Then got busted again 4 months later but only with a quater of weed. I figured I would be ok. Got done for PWI etc. Got to court and got a discharge.
I do not want to test the courts niceness to me again to be honest. But I think the problem is how much it would cost them to house me in the knick with all meds etc... just not worth it for them when they can see that anything I may have had would not have hit the streets and was entirely victimless. Apart from me and my family. THats what is so wrenching... watching ones family have to go thru all the shit with you.. I love them for it and will never forgive myself for it.... Dam these fucking laws.
I would like to say here tho, that its the laws that I disagree with surrounding cannabis, not the police in general. THey are just doing their jobs and I have never been poorly treated by a single copper. I know they do exist but its amazing what your attitude can do for a case.
Then got busted again 4 months later but only with a quater of weed. I figured I would be ok. Got done for PWI etc. Got to court and got a discharge.
I do not want to test the courts niceness to me again to be honest. But I think the problem is how much it would cost them to house me in the knick with all meds etc... just not worth it for them when they can see that anything I may have had would not have hit the streets and was entirely victimless. Apart from me and my family. THats what is so wrenching... watching ones family have to go thru all the shit with you.. I love them for it and will never forgive myself for it.... Dam these fucking laws.
I would like to say here tho, that its the laws that I disagree with surrounding cannabis, not the police in general. THey are just doing their jobs and I have never been poorly treated by a single copper. I know they do exist but its amazing what your attitude can do for a case.
Pompey_Monkey
Member
LOL - it normally comes back to that one common factor doesn't it?
There are so many growers living in fear of the police helicopters equipped with FLIR, when the really dangerous hot air is the stuff that comes out of their mouths!
(quote- Herboliser)
I would like to say here tho, that its the laws that I disagree with surrounding cannabis, not the police in general. THey are just doing their jobs and I have never been poorly treated by a single copper. I know they do exist but its amazing what your attitude can do for a case.[/quote]
Too True, if you ever get busted, be polite & humble, dont sign anything untill youve seen a brief & say nothing but your case for medical use & that goes for everybody with or without illness. Get your story straight & stick to it & say nothing more & you'll be fine.(as long as you have realistic plant numbers, 60-80 is not realistic for most people & is considered production with intent to supply etc most of the time, circumstance dependant imo)
Ive seen more coppers than not, feel sorry for the way us Cannabis users get treated by the law, believe it or not. i know alot of them must feel sympathetic, & when you hear them compare Boozy friday & saturday nights & cells full of abusive drunken idiots, you know where they are coming from. Ive heard them say, " We never get any trouble from you smokers", says it all!
You still got a squeeze Herb, N1 man! 60-80 mature, personal use, id say that was a squeeze(reflected in your Con-Discharge, which is very lucky), illness does play a major part in sentencing, so does costs to the public purse!.
"Loose Lips Sink Ships!" & we all on that Ship!
I would like to say here tho, that its the laws that I disagree with surrounding cannabis, not the police in general. THey are just doing their jobs and I have never been poorly treated by a single copper. I know they do exist but its amazing what your attitude can do for a case.[/quote]
Too True, if you ever get busted, be polite & humble, dont sign anything untill youve seen a brief & say nothing but your case for medical use & that goes for everybody with or without illness. Get your story straight & stick to it & say nothing more & you'll be fine.(as long as you have realistic plant numbers, 60-80 is not realistic for most people & is considered production with intent to supply etc most of the time, circumstance dependant imo)
Ive seen more coppers than not, feel sorry for the way us Cannabis users get treated by the law, believe it or not. i know alot of them must feel sympathetic, & when you hear them compare Boozy friday & saturday nights & cells full of abusive drunken idiots, you know where they are coming from. Ive heard them say, " We never get any trouble from you smokers", says it all!
You still got a squeeze Herb, N1 man! 60-80 mature, personal use, id say that was a squeeze(reflected in your Con-Discharge, which is very lucky), illness does play a major part in sentencing, so does costs to the public purse!.
"Loose Lips Sink Ships!" & we all on that Ship!
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