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NORMLs wrong about NYS growing laws

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GreenGold420

New member
On the NORML website the consequences for sale/cultivation are here
According to this the penalty fore growing 1 pound of marijuana, regardless of how many plants are growing, is a class C felony. I did some looking around and eventually found this, notice how none of these laws even mention "cultivation" or "manufacture" anywhere?
Does that mean its legal to grow marijuana in NYS except you cant possess it or sale it? Well not exactly.... after scrolling around I found this in the public health laws.

I found it interesting there are no limits on numbers of plants. 1 or 100, no difference? Also, Where did NORML get their info? thats pretty cool if 100 plants is still a misdemeanor, although I am sure the feds would step in around 99;) I wonder if I just found a loophole r something?
 
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GreenGold420

New member
Im not sure how to really verify anything though. How does one call LEO and ask "hey, if you caught me growing will u charge me with a misdemeanor, or cut it and dry it to make it a felony"

http://www.eveningtribune.com/news/police_and_fire/x593049972/Over-150-pot-plants-confiscated
This guy gets a class a misdemeanor for 150 plants in an underground bunker and $25G worth of equipment...
Now check this out...
http://www.eveningtribune.com/news/x109281437/Cameron-man-busted-for-growing-50-pot-plants
He eventually gets charged with a felony and a misdemeanor. The Sheriffs "dried" it in an attempt to give them a worse charge. Shouldnt this be "tampering with evidence"? on the cops part?
These stories come out of the same paper.

I wonder how many people have been fucked because of this "loophole"? The "growing" law exists for "growing". If the cops can cut it and weigh it......Why would they make this law?
 
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igrowone

Well-known member
Veteran
overall, NY can be a fairly grow friendly state, at least compared to many
provided your on the small scale, growing ozs in dry weight much safer, lbs is a different beast
it is a good idea to do some searches in the local newspapers for actual bust, weights, etc.
some parts of the state are fairly relaxed, parts of upstate NY are becoming like cali's green triangle
from what i've seen, NYC/Long Island is worse
 
guanito

guanito

Active member
the first guy will be charged with a lot more - don't worry.
there's kids there too.
all we need now is a gun, or firearm, of some sort, and we have a terrorist!
mexican cartels! whatever.

the second guy -

where these cops gonna dry that weed? in a jail cell? haha too funny!
 
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GreenGold420

New member
the first guy was a year ago. the second guy was recent. Im just wondering what the operating guidelines of LEO in this area are.

so if I get this straight, I can grow 1 plants that weighs 8 oz and get a felony. I could also grow 1 plant that weighs 24 grams (a violation ticket) and get a class A misdemeanor?

Its kinda like the cops CHOOSE who gets misdemeanors vs felony's, for the same charge depends on....well....idk. Its sure isnt plant numbers or if your a habitual. I should contact a lawyer in this state to clear things up a bit for me.
 
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igrowone

Well-known member
Veteran
GreenGold420 said:
the first guy was a year ago. the second guy was recent. Im just wondering what the operating guidelines of LEO in this area are.

so if I get this straight, I can grow 1 plants that weighs 8 oz and get a felony. I could also grow 1 plant that weighs 24 grams (a violation ticket) and get a class A misdemeanor?

Its kinda like the cops CHOOSE who gets misdemeanors vs felony's, for the same charge depends on....well....idk. Its sure isnt plant numbers or if your a habitual. I should contact a lawyer in this state to clear things up a bit for me.
Click to expand...

this is a murky situation, a few DA's hate weed more than others
there is also the weighing process which can get done in the extreme with soil and roots
but from what i understand, that won't hold through the court process, it will be reduced to a more realistic weight
it's part of the pretrial shakedown to try to get a quicker,higher plead deal
 
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guest456mpy

You will get two charges in each case.

First guy: 1 plant 8 oz ... Class A Misdemeanor for growing, Felony for Possession.
Second guy: 1 plant 24g... Class A Misdemeanor for growing, Class A Misdemeanor for possession.

The weight for possession is the trigger.
 
strawbrrygirl

strawbrrygirl

Member
I got busted in NY upstate at a festival W/100gr of bubble hash charged with a felony $5000 bail it all depends on the lawyer. mine knew the judge and i got out with $1000 fine and a misdermeanor i got lucky i had no scales on me!!!!!!!!i saw guys go down around me in the same sting and if you had scales thats when the charges got way out of control MOUNTAIN JAM is nothing but a place to get hard workin hippies busted there was a couple hundred busts that weekend fuckin politics in NY is shit
 
Grat3fulh3ad

Grat3fulh3ad

The Voice of Reason
Veteran
all this does is adds a misdemeanor growing charge to the felony possession of that which you are growing. it's an addendum not a loophole.
 
strawbrrygirl

strawbrrygirl

Member
you are so right on like i said whats on paper is so different than what actually happens and NYC is a totally different beast in upstate if you dont get a local lawyer you can get screwed and if the judge has a issue with your lawyer you are royally screwwed.IF YOU ARE GONNA DO IT BIG NY LETS SAY IT TOGETHER "RETAINER,RETAINER RETAINER" peace all
 
!!!

!!!

Now in technicolor
Veteran
see https://www.icmag.com/ic/showpost.php?p=3574908&postcount=4

While there are no laws against cultivation specifically, the plant itself is seen as a "Cannabis containing compound" and will almost always weigh enough to fall under felony possession.

I've been doing some research. I feel it might be a lenient state because the system is crowded with real criminals. Here's what I found out.

Possession of 25g or less is a $100+ fine.

Smoking ANY amount in public is a misdemeanor.

If it's your first time caught smoking in public you will get an ACD meaning if you stay out of trouble for 1 year the charges will be dismissed. If you get in trouble within that year they can take you to trial over the misdemeanor though.

ACDs apply to all misdemeanor cannabis charges (as well as shoplifting I think.)

Selling <25g is a class A misdemeanor.

My friend got 3 times smoking in public, second time he got community service and 3rd time he had to plea guilty to disorderly conduct. If he gets in trouble within 1 year he will spend 15 days in jail.

Moving on..

NY has no cultivation laws. They use a weight based system to determine the charges. They weigh the entire plant, probably with the roots and wet soil, and charge you with "felony possession with intent to distribute." Over 8 oz possession is a felony.

Now, here's good news. Late 2009, "judicial diversion" passed in NY. This applies to felony drug charges. To qualify, you have to be charged with a non-violent drug felony, and it entails going to a drug treatment program for 2 years with random piss tests and regular court appearances. Upon finishing this program, the charges may get dropped completely or they are reduced to a misdemeanor.

NYC has no "drug driving" laws.
NO tax act / hemp laws.
NO medical marijuana laws.


This is all WHAT I INTERPRET THE LAW AS - I am NOT a lawyer - seek one if you need advice!
Click to expand...
 
G

GreenGold420

New member
3 different case within a year. The one with the least amount of plants get the worst charge. The only difference was he was outdoors instead of indoors? His case also had kids involved by them living in the residence.
This shouldnt worsen the marijuana charge. This should make a new charge of endangering the welfare of a child.
 
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igrowone

Well-known member
Veteran
NY is an erratic situation, the Steuben county arrest sounds pretty typical
but there're so many other factors that can come into play, prior convictions, young children(as you mentioned), jurisdictional differences
which is why if you are growing in NY(like me), it's best to know the local situation(fairly tolerant in my locale)
 
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