Under 6 Plants Consequences?

[fatigues]

Please note, that while trafficking is a requirement -- even ONE -- count em ONE (1) plant is enough for a mandatory minimum of NINE (9) MONTHS if it is grown in a place the grower does not own.

That would include a dormitory room, an apartment or rented house, or even a place which is registered in your wife's name or your parents or another family member. Obviously, a guerrilla grow + trafficking intent = Nine months mandatory minimum. Yes, the Crown will allege a trafficking intent just to put your ass in jeopardy.

I have always been FLABBERGAST why Cannabis activists focused on the "five plants" threshold as the legislation to bitch about and get quoted over and over again in the press when JUST ONE PLANT in a dorm room or grown in an Apartment or in their parents' backyard was enough to attract a mandatory nine month minimum sentence.

 

[Wendull C.]

The government(s) are organized crime. If you want an example, and lets be bi partisan; Look to the former and current president of Canada's Mexico (U.S.A.).
Not one has or had any respect for rule of law or it's people.

 

[clp]

Does anyone have any updated info on this?

If I wasn't trafficking, had no scales, was not near a school, and had no previous offenses what are max penalties for 5 plants or under? I can't find any official laws stating the consequences below 6 plants.

 

[clp]

Also would it help if I still got a medical card in Canada even though it doesnt permit growing?

 

[diffusing]

Does anyone have any updated info on this?

If I wasn't trafficking, had no scales, was not near a school, and had no previous offenses what are max penalties for 5 plants or under? I can't find any official laws stating the consequences below 6 plants.

I don't think there is anything written in stone on this. You are down to the judges discretion. in BC, i'm sure it would get thrown out, and probably never even make it to court. in MB (friend had a bad experience there over possession of 1/2 a gram), depending on your town.. it could go all over the place. If you had a medical card (MMPR).. that would at least show you had a legitimate medical need, and i would think most judges would tend to go much more easy on you, especially since the cost to buy from a LP right now is so high. I would assume most lawyers who are half decent would get it thrown out in court. But, are you willing to go to court if the police don't just chop them down and give you a warning? that's the question you need to ask yourself...

my 2 cents.

 

[clp]

I'm in Ontario in a moderately liberal town. Plant numbers would be 5 max and growing only for personal use. I wouldn't be too worried about court or the cost of it if it would most likely get thrown out. I think it's worth the $300-400 to get the medical card just so I can have that excuse and more leniency. Kind of pointless buy since I don't want to use the dedicated and expensive growers but maybe worth it for that.

 

[leaffan]

I'm in Ontario in a moderately liberal town. Plant numbers would be 5 max and growing only for personal use. I wouldn't be too worried about court or the cost of it if it would most likely get thrown out. I think it's worth the $300-400 to get the medical card just so I can have that excuse and more leniency. Kind of pointless buy since I don't want to use the dedicated and expensive growers but maybe worth it for that.

Get approved, put one order in with an LP, then just keep reloading the bottle with your own stuff.

 

[clp]

I'm not worried about getting busted walking around. I mainly smoke in my house anyways. More worried about randomly getting busted in my house with plants. If I had a medical card I don't think they'd do anything though.

 

[Buddha1]

they weigh it{the whole plant} so if you have one big plant over 3 kilos you are in the club too...

I had no idea that wieght was a factor in the under 6 plant mandatory sentencing.

I was under the impression plant size was not a factor. My understanding was under 6 plants...nothing(not even a consideration of charges, because of court costs[Just a whole LOT of hassle you don't want]), 6-99 plants...6 month mandatory(if requested by prosecutor), 100 plants and over...up to the prosecutor and judge(Miniums are not used...But sentence can be up to 14 years in jail). Of course all the "Mandatory" sentencing is determined on if/when you are charged and if the crown "ASKS" for the minimums. In most cases, small grows never make it past the point of being charged.

I personally know of a guy busted growing over a 1000 plants last year, he was bootlegging the power as well. He got 16 month house arrest, the minimums were never brought up. He is still allowed to go to work, but has to stay on the property other wise.

The minimums are a tool for prosecutor and LEO to nail a guy well known to police and they really want him BAD, but have nothing on him...EVER!!...I really don't think they will come into play other wise. Here in BC, Marijuana is the lest of the police priorities. In the city of Vancouver police openly stated in the news paper, that they were not going to enforce the MMAR repeal(April 1, 2014) and bust the medical pot growers, as did other city's in BC(Abottsford, Victoria, etc).

http://www.cbc.ca/news/canada/briti...-laws-not-a-priority-say-b-c-police-1.2563424

Most illegal Compassion Clubs and Dispensaries are safe from the police in Vancouver too.

http://www.vancouversun.com/health/feds+illegal+dispensaries+high+priority/9579703/story.html

But we all don't live in BC and as Canada said:

A lot of deciding factors come into play for sentences . I personally have had experences where a handfull of charges were from selling a joint - production to conspiracy. Most of them charged at the time where between the ages 19-24 . Out of all the charges the only man to get jail time was the guy who sold the joint . His priors dated back to 1977 with no drugs charges at all . He recived 6 months . The guy sellign the pound got 6 month community sentence .

So It really does come in to play what your doing with your life and what you have done .

Where you live and your past has a lot of bearing on how your charges are handled.

Just be careful...Marijuana is still an illegal plant in any numbers a cross Canada and if you are caught you are subject to prosecution. The answer to your inquiry on..."What will happen"...if I get busted growing small amounts of Marijuana, is best answered by yourself. You know best what the actions/consequences will be in your area.

Peace...B

 

[med-man]

you can pretty much get away with murder as long as you have an expert witness to back your claims. and can trump the crowns witness of they have one.

med-man

 

[tomjonesthe3rd]

If it is under the 3 kilos. And there is no trafficking charge, then i would imagine the prosecution would have the choice to proceed or not depending on the situation at hand{guns, children, past charges etc} possibly fines/ community work/ a record.Always have a lawyer who is sticking up for your rights or if you don't they will try and steam roll you...Some of these situations are handled long before court comes and some not. I don't think anyone should be in jail unless they are doing harm to another person. peace

Where are you getting this about weight/kilos? All I have ever seen is plant numbers.

 

[vapor]

From the rcmp and my lawyer when they busted me{almost 400 plants}, when they are seeing if mandatory mins apply to you they weigh a bunch of different things like if there is a guns in your possession when the crime was done or if it was close to a school. They told me that plant numbers is only part of it. They treat the plant like bud to be sold if there is trafficking charges[weighing it} and over 3 kilos on a second charge is 1 year mandatory. There is some other weird shit too. But many of us that have been busted have been through this more then once lol... peace

 

[clp]

I have a very clean record and no trafficking intent. Is it even worth it to spend the money on a med card when I will never buy from the med suppliers and will grow all product myself anyways?

 

[clp]

Please note, that while trafficking is a requirement -- even ONE -- count em ONE (1) plant is enough for a mandatory minimum of NINE (9) MONTHS if it is grown in a place the grower does not own.

That would include a dormitory room, an apartment or rented house, or even a place which is registered in your wife's name or your parents or another family member. Obviously, a guerrilla grow + trafficking intent = Nine months mandatory minimum. Yes, the Crown will allege a trafficking intent just to put your ass in jeopardy.

I have always been FLABBERGAST why Cannabis activists focused on the "five plants" threshold as the legislation to bitch about and get quoted over and over again in the press when JUST ONE PLANT in a dorm room or grown in an Apartment or in their parents' backyard was enough to attract a mandatory nine month minimum sentence.

Also where did you see the law about growing on rental property? I would like to research this more.

 

[beanja]

Also where did you see the law about growing on rental property? I would like to research this more.

Kirk tousaw tells it all ..... http://www.vancouverobserver.com/world/canada/canada%E2%80%99s-new-drug-laws-deliver-blow-dispensary-operators?page=0,0

and a video

http://www.pot.tv/video/2013/01/28/...ntencing-and-Your-Medical-Cannabis-Dispensary

 

[clp]

Kirk tousaw tells it all ..... http://www.vancouverobserver.com/world/canada/canada%E2%80%99s-new-drug-laws-deliver-blow-dispensary-operators?page=0,0

and a video

http://www.pot.tv/video/2013/01/28/...ntencing-and-Your-Medical-Cannabis-Dispensary

Thanks for the links! It looks like these articles mainly talk about dispensaries and larger scale growing. I didn't see anything referring to rental properties.

 

[tomjonesthe3rd]

Actual direct link: http://www.justice.gc.ca/eng/news-nouv/nr-cp/2011/doc_32636.html

"the accused used real property that belongs to a third party to commit the offence;"

 

[Buddha1]

Actual direct link: http://www.justice.gc.ca/eng/news-nouv/nr-cp/2011/doc_32636.html

"the accused used real property that belongs to a third party to commit the offence;"

That was a very good and informative post/link...Thank You.

Most of the mandatory minims are for organized crime connections. But I'm sure the Crown could lay organized connections on just about anyone. Most people have or have a friend with ties to biker groups of some sort or another. You would just have to say you are not involved and they would need to prove the connection(LEO could do it to complicate the situation).

BUT...I digress.

So the average person would only get mandatory minimums, if a connection to organized crime is established or they have had a drug charge in the last 10 years.

The mandatory minimums would be...

6-200 plants(6 months)

201-500 Plants(1 year)

500 plants or more(2 years)

Production of Oil or Resin(1 Year)

Was really surprised at the Hash and Concentrates mandatory of 1 year...I break that one every few months...lol.

So as I understand it...The bottom line would be as long as there isn't an established connection to organized crime, no previous drug convictions(in the past 10 years), not near a school/park, or have any involve with/near kids, a person is pretty much safe with a reasonable plant count. If you didn't go crazy with the number of plants, only had 20-30 plants(small/medium size, not huge tree) or less, it would be fairly safe to say their would be no real chance of jail time at all...very kool!

This is good to know...I thank you again for the informative post/link.

Peace...B

PS. I would only attempt the 20-30 plant count if you can prove medical need...If a recreational user, stay under the 6 plant limit(to be on the safer side of things).

 

[Buds Bundy]

That was a very good and informative post/link...Thank You.

Most of the mandatory minims are for organized crime connections.

That doesn't matter at all. Vague laws are a slippery slope and they are abused 100% of the time just ask the people where the crown is trying to do civil forfiture even when the charges had be stayed because of lack of evidence. That law was put in force to fight "organized crime" even the judges are stepping in and saying the law is being used out of score of its original intent.

 

[SeedsOfFreedom]

Harper once said “You won’t recognize Canada when I’m through with it,” he is sure as fuck right about that, seems more like 1980s America to me.
Hey Stephen - they tried this already! Go ask California about mandatory minimums!
This is what happens when outdated morals and 2000 year old books guide your policy making. Fact based policy is not even an option for the Conservatives.