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Old 05-14-2005, 08:23 PM #1
parnoidmerican
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Florida Question

I copied the below info from NORML. I would like to know if someone can clarify this section.
25 to 2,000 lbs (or 2,000 plants) felony 3 years MMS* $25,000
Do 25 plants and up to 2000 equal this sentence? I'm assuming so but just want to be sure. It's just not very clear cut to me.
Thanks





20 g or less misdemeanor 1 year $1,000
More than 20 g felony 5 years $5,000
Sale or Cultivation
Delivery of 20 g or less misdemeanor 1 year $1,000
25 lbs or less felony 5 years $5,000
______________________________ _______________________
25 to 2,000 lbs (or 2,000 plants) felony 3 years MMS* $25,000
-------------------------------------------------------------
2,000 to 10,000 lbs (or 10,000 plants) felony 7 years MMS* $50,000
10,000 lbs (or 10,000 plants) or more felony 15 years MMS* $200,000
Within 200 feet of college, park or public housing or within 1,000 feet of school, or other specified areas felony 15 years $10,000
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Old 05-15-2005, 03:57 AM #2
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for 25 to 2000 lbs the mandatory MINIMUM sentence is 3 years, the judge can throw in more depending on your record.
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Old 05-15-2005, 06:10 AM #3
parnoidmerican
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I'm talking about plant count.
Does Florida count each rooted plant as a pound?
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Old 05-15-2005, 05:51 PM #4
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Wow!

sure looks that way...based on the data initially posted

If so...then FL calculates plants as having a generally accepted (via the gov) finished weight of 1 lb/plant...but surely a sharp attorney knows how to get around that (potential production)

dg
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Old 05-15-2005, 07:05 PM #5
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Depending on if they are flowering, if in veg they count plants, if buds on plants they weigh the whole plant. The way it was explained to a friend that was busted, it was a different state, but gives a little insight.
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Old 05-16-2005, 07:17 AM #6
parnoidmerican
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I agree with your interpretation DUTCH Thanks for the responses.
I'm going to contact NORML to find an MJ lawyer and ask.
I don't have a criminal record so stayin out of a MMS sentence territory could keep me free if I ever get caught. 3 years is a long time.
Thanks again.
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Old 08-26-2005, 06:21 PM #7
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floridas weighs each plant, sticks, bud, leaves and all for toatal weight. although as mentioned by dutch grown above, a good attorney will run wild with this unscrupulous method by law enforcement.
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Old 08-27-2005, 01:14 AM #8
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And those are just state charges. Piss off the wrong person and they could just as easily be federal charges. Heres a minimum first offense federal.

Marijuana: 1 to 49 plants; less than 50 kg mixture Not more than 5 years
Fine not more than $250,000, $1 million other than individual

https://www.usdoj.gov/dea/agency/penalties.htm
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Old 08-27-2005, 01:22 AM #9
GreenBack
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Quote:
Originally Posted by parnoidmerican
I copied the below info from NORML. I would like to know if someone can clarify this section.
25 to 2,000 lbs (or 2,000 plants) felony 3 years MMS* $25,000
Do 25 plants and up to 2000 equal this sentence? I'm assuming so but just want to be sure. It's just not very clear cut to me.
Thanks





20 g or less misdemeanor 1 year $1,000
More than 20 g felony 5 years $5,000
Sale or Cultivation
Delivery of 20 g or less misdemeanor 1 year $1,000
25 lbs or less felony 5 years $5,000
______________________________ _______________________
25 to 2,000 lbs (or 2,000 plants) felony 3 years MMS* $25,000
-------------------------------------------------------------
2,000 to 10,000 lbs (or 10,000 plants) felony 7 years MMS* $50,000
10,000 lbs (or 10,000 plants) or more felony 15 years MMS* $200,000
Within 200 feet of college, park or public housing or within 1,000 feet of school, or other specified areas felony 15 years $10,000
This is what I found at norml on the FL penalties. Hope this helps?
Florida
State Penalties PDF mandatory
Details About this report


Incarceration


Fine
Possession
20 g or less misdemeanor 1 year $1,000
More than 20 g felony 5 years $5,000
Sale or Cultivation
Delivery of 20 g or less misdemeanor 1 year $1,000
25 lbs or less felony 5 years $5,000
25 to 2,000 lbs (or 2,000 plants) felony 3 years MMS* $25,000
2,000 to 10,000 lbs (or 10,000 plants) felony 7 years MMS* $50,000
10,000 lbs (or 10,000 plants) or more felony 15 years MMS* $200,000
Within 200 feet of college, park or public housing or within 1,000 feet of school, or other specified areas felony 15 years $10,000
*Mandatory minimum sentence.
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possession misdemeanor 1 year $1,000
Any conviction causes driver's license suspension for 6 months to 2 years.
Details

Possession of 20 grams or less of marijuana is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. Possession of greater than 20 grams of marijuana is a felony, punishable by up to five years in prison and a fine of up to $5,000.

The delivery of 20 grams or less of marijuana for no consideration is a misdemeanor and is punishable by up to one year in jail and a fine of up to $1,000. Sale, delivery or cultivation of any other amount up to 25 pounds is a felony and punishable by up to five years in prison and a fine of up to $5,000.

Sale, delivery or cultivation of greater than 25 pounds is considered trafficking, and all trafficking offenses have mandatory minimum sentences. For less than 2,000 pounds or less than 2,000 plants, there is a mandatory minimum sentence of three years and a fine of $25,000. For less than 10,000 pounds or less than 10,000 plants there is a mandatory minimum sentence of seven years and a fine of $50,000. For 10,000 pounds or 10,000 plants or greater, the mandatory minimum sentence is 15 years in prison and a fine of $200,000.

Any sale or delivery occurring within 200 feet of a college, public park or public housing, or occurring within 1,000 feet of a school, daycare center or church is punishable by up to 15 years in prison and a fine of $10,000.

The possession of paraphernalia is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.

Conviction of a drug related offense also requires suspension of the offender's driver's license for at least six months but not longer than two years.

Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

"Looks like any growing is a felony" up too but probably not? Up too five years in the slammer "OUCH". Id definitely ck it out though, that seems awfully stiff....

GB
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Old 09-22-2005, 01:06 AM #10
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I live in south florida and seen a friends house raided.they cut the plant ,stem and all ,right above the soil and weigh everything above.
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