[!!!]

NY has decriminalized Cannabis, and possession under 25g is a violation (not a crime.) But the NORML site isn't very clear on manufacturing. What are your personal experiences?

What is each plant considered, in weight, by NY law?

[iSMOKE.KUSH]

upstate is pretty lenient with growing. i'm pretty sure. i'm just guessing because i know ALOT ALOT of people gorw up there.

[ninsega]

They fly a few NYS Trooper choppers around the state and bust about one person a month in the summer.

Often times the worst part about getting busted for cannabis in New York is they take your stuff away. Many times the charges get drastically reduced, or no charges at all, but they always take your stuff.

Overall it is very lenient, I heard it was as lenient as Canada, on paper.

[!!!]

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.

Don't quote me on that - see this:
https://www.upstatenewyorkdwilawyer.c...tates_jud.html

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!

[igrowone]

there is another recent thread where a lawyer told his client the same thing
no specific law on cultivation
this doesn't seem to jibe with the NORML site, they show some different laws on cultivation
being from NY, and growing in NY, this is a topic of interest to me

as some other posters have mentioned, this isn't the worst state
i do keep track of upstate busts and dispositions
for small grows, this really isn't a bad place at all
cases seem to get plead down to a very low consequence
i'm calling grows in the ounces range as small grows

pound grows are not so harmless, you probably can get out of jail time for a 1st offense, likely cost you some good money

the weighing the plant material looks like the screw job zone, root and all weighed wet
but that's at the start, it seems to go down to a more realistic amount through the court process

i'd put NY somewhere in the middle of the states

[bigdaddyc9]

I was busted with 11 plants.10 of which were clones around 8 to 10 inches tall.I also was found w/a small amount-1/8th of weed in possesion.I got it thrown out of court on count it was a states evidence charge a bud of mine got popped w/an oz of blow and ratted me out.So instead of getting a warrant the just ran up my back stairs where my plants were and did what the do.The tickets were as follows...unlicensed growing of cannabis...a violation of agriculture laws and Possesion of marijuana and all got ripped up by judge.I think as a general rule keep plants count low-grow trees and have none cut up or scales present.BigD