[Bionic]

Not really about cultivation but here's some good info on the possession laws in NYC. Turns out that in NY, MJ isn't a controlled substance and NY law makes a distinction between it and hard drugs.

Possession of Marihuana (Marijuana) In New York, including Queens, Brooklyn, Bronx, Manhattan
By Don Murray, Esq.
Partner, Shalley & Murray

If someone you care about has been arrested for a marijuana related offense anywhere in New York City, including Queens, Manhattan, Brooklyn, or the Bronx, you need to be aware of special differences between marijuana cases and other illegal drug cases.

It is tempting for people to assume that marijuana cases are treated the same as any other illegal drug cases in New York. The truth is however, is that in two important respects, marijuana cases are treated differently from other illegal drugs in New York City.

First, legally, marijuana related offenses are specifically carved out from and identified as separate from "controlled substances". As a technical matter, in fact, marijuana in New York is NOT a controlled substance. This is important because it means that New York's strict laws about possession and sale of controlled substances do not apply to cases involving marijuana. Marijuana related offenses, in New York, have their own special laws with their own offense levels. This does not necessarily mean that New York doesn't care about marijuana or that it isn't serious to be charged with a marijuana related offense. But it does mean that the legislature has not chosen to classify marijuana related offenses at the same level of seriousness as, for example, cocaine related offenses.

The second important respect in which marijuana cases are different from controlled substance related offenses is that, as a general rule, the district attorneys offices, taking the cue from our legislature's distinction between marijuana and controlled substances, are generally more flexible with negotiations in cases involving marijuana than they might be in cases involving cocaine.

Obviously there will be exceptions as the quantity of marijuana involved or the scale of sales involved increases, but generally you are better off trying to negotiate a marijuana case than you are trying to negotiate a cocaine case. This is not to suggest that any of the district attorneys are "soft" on marijuana, but merely to suggest that as between marijuana cases and controlled substance cases, negotiations are likely to go better in the marijuana case.

Marijuana Offenses

The first important distinction that must be made in cases involving marijuana, and indeed ANY illegal drug case, is whether the issue is possession of marijuana or sale of marijuana. As a general rule, possession of marijuana is going to be less serious than sale of marijuana. Of course possession of 500 pounds of marijuana is going to be more serious than the sale of one small bag of marijuana, but you get the idea.

Unlawful Possession of Marijuana (PL Section 221.05)

The least serious marijuana charge there is in New York is called Unlawful Possession of Marijuana and it is found in New York Penal Law Section 221.05.

This section of the law in New York reads very simply, " A person is guilty of unlawful possession of marihuana when he knowingly and unlawfully possesses marihuana."

If the quantity of marijuana or circumstances of its possession do not qualify for any other marijuana offense, then the person is guilty of unlawful possession of marijuana. As a practical matter, this section applies to small amounts of marijuana possessed by someone on their person or in their home outside of public view and not burning.

Many people are surprised to learn that unlawful possession of marijuana is not even a crime in New York State. Unlawful possession of marijuana is classified by our legislature as a violation. A violation is the legal equivalent of a traffic ticket.

Unlawful Possession of Marijuana - The Big Secret

There is an interesting side effect to the fact that Unlawful Possession of Marijuana is a violation in New York. This "side effect" applies to any person who is charged with Unlawful Possession of Marijuana and ONLY Unlawful Possession of Marijuana.

General Rule - In any case in which a person is charged with Unlawful Possession of Marijuana and ONLY Unlawful Possession of Marijuana, the case is probably going to be subject to immediate dismissal when it is heard for the first time in Court.

In order to understand why this is, you have to understand a few things about procedure in criminal cases. It's not terribly complicated but you have to understand a couple of concepts.

First, you need to understand that when you are charged with an offense in New York, the Government is required to prepare a document of some kind or other that is called an "accusatory instrument". This is just a fancy way of describing a piece of paper that says that you did something wrong.

But the Government is required to prepare this "accusatory instrument" according to particular rules. Failure to prepare the accusatory instrument properly can eventually mean that the case the Government wants to bring against someone will be dismissed.

In illegal drug cases, the Government is required to present a laboratory analysis proving that the substance recovered is actually some illegal substance as opposed to ground up aspirin or something legal. When the Government provides this laboratory report to the Court, the accusatory instrument is said to be "corroborated" - a fancy way of saying that the accusation has been independently verified in some way.

In misdemeanor cases the Government has a set period of time to "corroborate" the accusatory instrument. For a B misdemeanor, the Government has 60 days to get the lab report. If the Government fails to get the lab report in 60 days on a B misdemeanor, the case must be dismissed because the accusatory instrument was never "corroborated".

So the question you might be asking yourself now is "If they have 60 days to get the lab report for a B misdemeanor, how long do they have for a VIOLATION, since unlawful possession of marihuana is just a VIOLATION?"

And THAT is an excellent question. And here is the answer:

ZERO DAYS.

The law in New York DOES NOT RECOGNIZE any such thing as an "uncorroborated" violation accusatory instrument. Under New York law, an accusatory instrument that only charges a violation MUST be corroborated. Since the law does not recognize a violation that is not then and there corroborated, the Court has no power to entertain such a case (or to put it in fancier legal terminology, the Court does not have JURISDICTION to hear an uncorroborated violation).

Therefore, uncorroborated violations must be dismissed.

That means that at the moment that you appear in Court on your unlawful possession of marijuana case, the judge better be holding a laboratory report of some kind suggesting that the substance recovered from you was in fact marijuana. If the judge isn't holding a laboratory report of some kind suggesting that the substance recovered from you was in fact marijuana, then the judge must dismiss the case.

Now your next question might be, "How often will the police have obtained a laboratory report for an unlawful possession of marijuana case by the time I appear in Court?"

And the answer is: Almost never. In fact, in 16 years of practicing nothing but criminal defense in and around New York City, I have seen a field test report handed up maybe once or twice.

This means that if you are arrested for unlawful possession of marijuana and ONLY unlawful possession of marijuana, the odds are that your case will have to be dismissed by the time you see the judge.

...unless your case is brought in Westchester. For reasons that have escaped me, it seems that this relatively basic principle of the law has not made it into the criminal courts in Westchester County. I have yet to understand the rationale for what appears to be a systematic blatant disregard for a basic principle of our law in New York. Nevertheless, arguments about uncorroborated violation accusatory instruments seem to be largely ignored in Westchester.

Nevertheless, if you are arrested for unlawful possession of marijuana and ONLY unlawful possession of marijuana in the five boroughs of New York City, the odds are that the case will be dismissed at the time that you see the judge because the odds are that there will NOT be a laboratory analysis for the marijuana.

This is of course not to be taken as a license by anyone to ignore the charge, or to fail to appear in court when directed to do so. You must follow through on the chance that there is a lab report filed. Failure to follow through with the case could result in a warrant being issued for your arrest. As with any time you are charged with an offense it is always our advice to consult with a criminal lawyer about your specific case.

Also please realize that this applies ONLY to unlawful possession of marihuana. There are more serious marijuana possession offenses called "CRIMINAL possession of marijuana" that are misdemeanor or even felony offenses (depending on the amount of marijuana involved). In misdemeanor or felony marijuana possession cases, the Government is allowed plenty of time (60 days up to 6 months depending on the case) to get the lab report.

Also, if you are charged with other, non-violation offenses, do not expect that ALL charges must be dismissed against you because of the failure of the government to have a laboratory report on the marijuana. The above analysis applies to situations in which the ONLY charge is unlawful possession of marihuana.

Multiple People Charged With Possession of One Joint

One common occurrence in New York City is for the police to arrest multiple people, sometimes as many as five or six, for possessing the same marijuana cigarette. The police will claim to have observed the joint being passed from one person to the next in a crowd, either in a park or in a car near a park. People accused in such circumstances will frequently report that they were not actually smoking but were simply with someone who was and the police simply arrested everyone there.

Especially these days, when Desk Appearance Tickets are handed out with less frequency, the people caught up in such marijuana smoking arrests will frequently spend 24 hours in the system waiting for arraignment.

Marijuana ACD

People who are arrested for marijuana related offenses may be eligible for a special disposition of their cases called a "Marihuana ACD". ACD stands for Adjournment in Contemplation of Dismissal. What it means is that the case is adjourned for 1 year. As long as the person stays out of trouble during that time, the case will be dismissed and sealed. It is not probation and does not involve an admission of guilt.

Search and Seizure Issues

Marijuana cases frequently involve issues of search and seizure. Whether it involves the police searching through a person's pockets on the street, an intrusive search of a car parked on the side of the road, or the execution of a search warrant at the home or place of business, marijuana cases often raise substantial 4th Amendment claims. One of the first questions to ask in any case in which the accusation is possession of marijuana is how the police came to be in a position to find the substance they think might be marijuana in the first place. In many cases, the government may well have substantial answers, but not in every case. This is an issue that requires the advice of an experienced criminal defense lawyer. If you believe that the police acted improperly in their dealings with you or someone you care about, you should consult with the criminal defense lawyer. You may find that the police were in fact justified, or you may find that you have a substantial search and seizure issue that could influence the outcome of the case. But consult with a criminal lawyer. Popular notions about search and seizure are frequently wrong or distorted. You need professional advice.

Weights and Measures

Marijuana possession cases depend upon the weight of marijuana for their seriousness. Here is a simple breakdown.

More than 25 grams = B misdemeanor (maximum 90 days in jail)
More than 2 ounces = A misdemeanor (maximum 1 year in jail)
More than 8 ounces = E felony
More than 16 ounces = D felony
More than 10 pounds = C felony

[Chunkypigs]

forget cultivation, can you believe only 2.5 yrs for this!!!
https://www.timesunion.com/local/arti...cy-4071368.php
I guess when you give the feds millions you get a wrist slap for 100's of pounds.

Read more: https://www.timesunion.com/local/arti...#ixzz2DZRuXY6a


ALBANY — A Saratoga County man will spend 30 months in prison after being sentenced Tuesday for his role in a conspiracy to distribute marijuana.
Eric Canori, 33, was sentenced Tuesday in U.S. District Court by Judge Gary L. Sharpe. The sentencing was announced by U.S. Attorney Richard S. Hartunian and Brian R. Crowell, special agent in charge of the U.S. Drug Enforcement Administration's New York Field Division.
Canori pleaded guilty June 6, 2011, to one count of conspiracy to distribute 100 or more kilograms of marijuana. He also was sentenced to four years of supervised release when he is released from prison. Canori must report to prison Jan. 8.
The federal investigation determined Canori was part of a pot-trafficking operation starting in 2008. It involved distributing the drug across the country from the West Coast to destinations in the east including Saratoga County.
During the course of the conspiracy, several hundred pounds of marijuana was trafficked. A former world champion mountain biker, Melissa "Missy" Giove of Norfolk, Va., was sentenced last year for her role in the case to time served, six months of home detention and five years of supervised release.
According to court records, she was paid $30,000 plus travel expenses to coordinate the transportation of marijuana across the country.
In June 2009, investigators executed search warrants at Canori's homes in Wilton and Ross, Calif. They found cash, marijuana and drug packaging materials. Later investigation discovered precious metals that were proceeds of the conspiracy.
In all, investigators recovered more than $11.28 million in proceeds of the conspiracy.
The case was investigated by the Capital District Drug Enforcement Task Force; State Police; the U.S. Attorney's Office for the Central District of Illinois; the Quad City Metropolitan Enforcement Group; the Henry County, Illinois State's Attorney's Office; the DEA Rock Island, Illinois Post of Duty; the DEA Norfolk, Virginia Resident Office; and Illinois State Police.

bet homie has a couple more holes full of gold...

[Chunkypigs]

more of the story

https://www.timesunion.com/local/arti...me-2284283.php

ALBANY — A former world champion mountain biker arrested in Saratoga County in 2009 for helping traffic hundreds of pounds of marijuana across the country will not serve any time in prison.

Melissa "Missy" Giove was sentenced Wednesday in U.S. District Court by Judge Gary L. Sharpe to time served, six months of home detention and five years of supervised release.

Giove, of Norfolk, Va., was arrested in June 2009 after DEA agents watched her and Eric Canori of Wilton unload a trailer that police said had once contained 350 pounds of marijuana.

According to court records, the now 39-year-old was paid $30,000 plus travel expenses to coordinate the transportation of marijuana across the country, some of which was to be distributed upstate.

Giove pleaded guilty to federal charges in 2009 and could have faced up to five years in prison. A prosecution memorandum carried a recommended 24- to 30-month sentence with at least four years of post-release supervision and a $25,000 fine.

With rows of friends and family seated behind her, Giove choked up as she made a tearful apology to the court before her sentencing.

"I am extremely sorry and remorseful," Giove said. "I realize I was a role model to certain people. I'm really sorry for making the wrong decisions. I just want to move forward."

Giove retired from mountain bike racing in 2003 after becoming one of the most decorated female athletes in the sport, winning multiple national and world championships and landing endorsement deals. Giove's attorney, Tim Austin, said head injuries both forced his client to retire and sapped her financially, contributing to her decision to traffic marijuana.

"Missy's involvement in this does not define who she is," Austin said. "She does not need prison to be rehabilitated."

Along with Giove, Canori and Robert Reinfurt, of Utah, were arrested in 2009.

DEA agents searched Canori's home after watching him and Giove begin unloading a trailer from which State Police in Illinois had confiscated 350 pounds of marijuana during a routine traffic stop.

DEA agents then followed the empty trailer to Wilton. Canori and Giove both fled from his residence when they saw the drugs were gone, but were arrested a short time later, police said. Inside Canori's home, DEA agents said they found 40 pounds of marijuana stuffed in a freezer, a money counter, plastic bags, a heat sealer and $1.47 million in cash hidden in a duffel bag and shoe boxes.

The following day, DEA agents raided an apartment used by Canori in Ross, Calif., and said they found $600,000 in cash and marijuana packaging materials.

Reinfurt admitted to helping package and load bags of marijuana into vehicles and trailers which were used to transport the drugs.

Canori and Reinfurt both pleaded guilty to federal charges as well. Reinfurt was sentenced to time served and Canori is to be sentenced in January.


Read more: https://www.timesunion.com/local/arti...#ixzz2DZTO5rV7

[Chunkypigs]

About that 2 million in gold...


$2 million in gold bars unearthed in Queensbury as part of drug case
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April 11, 2012 4:27 pm • DON LEHMAN - dlehman@poststar.com
(29) Comments

QUEENSBURY -- Police and prosecutors hit gold, literally, in the recent case of a local man who pleaded guilty to participating in a large-scale marijuana distribution ring.

Authorities last fall unearthed an estimated $2 million in gold bars that Eric R. Canori had buried on property on Blackberry Lane in Queensbury.

Canori, a Wilton resident who used to live in Queensbury, divulged the location of the gold cache as part of his forfeiture of $5.25 million in cash, real estate and other personal property that was part of his plea deal last year to a federal marijuana distribution conspiracy charge.

The Warren County Sheriff’s Office and Warren County District Attorney’s Office stand to gain several hundred thousand dollars, and possibly as much as $750,000, when all of Canori’s assets are liquidated by the U.S. Marshals Service.

Local authorities would not discuss the gold discovery Wednesday, referring comment to federal prosecutors.

The gold came to light Wednesday at a Warren County Board of Supervisors meeting as supervisors discussed possible use of the proceeds from the case to buy patrol cars for the Sheriff’s Office.

Court records show that Canori agreed to forfeit five vacant lots in Queensbury’s Blackberry Circle subdivision and three other vacant lots on Farm Way Road in Kingsbury and Dimmick Road in Wilton.

It was unclear exactly where the gold bars had been buried on the Blackberry Lane properties, or on which property. The properties are owned by Peerless Development LLC, a company Canori set up.

Assistant U.S. Attorney Richard Bellis, who prosecuted the case, acknowledged that a quantity of gold bars were forfeited, but he said the forfeiture aspect of the case was handled by another arm of the federal prosecutor’s office.

How much the county will gain from the case is not yet known, he said.

Bellis said Canori wasn’t the first drug dealer his office has seen who invested drug-dealing proceeds in precious metals.

“Drug dealers with a lot of cash on hand need to move that cash,” he said. “It is one way of laundering that money.”

Canori, 33, was arrested in 2009 as part of an investigation into a cross-country marijuana network that led to the seizure of 380 pounds of marijuana and nearly $2.5 million in cash.

He pleaded guilty last June, and is awaiting sentencing. He could face up to 40 years in federal prison when sentenced June 12.

Canori’s lawyer, David Holland, said he would have no comment on the case until after sentencing.

Warren County supervisors plan to use some of the money to buy patrol cars for the Sheriff’s Office. Under federal law, drug forfeiture money has to be used to fund law enforcement personnel, equipment or services that target drug activity.

[redbudduckfoot]

wow

rbdf

[MR happy]

buddy got caught last year! 40 in the ground and another 20+ clones through out the woods as they attempted to escape also they dumped their gear/tools! they got caught trespassing,littering and cultivation! the littering ticket was a bigger fine than cultivation!

[DuskrayTroubador]

Originally Posted by MR happy

buddy got caught last year! 40 in the ground and another 20+ clones through out the woods as they attempted to escape also they dumped their gear/tools! they got caught trespassing,littering and cultivation! the littering ticket was a bigger fine than cultivation!

DAMN! It seems that the rule of thumb is it's better to get caught with plants than with bud. That's awesome for your friend though

[wordsux]

Ny is pretty lax

Just don't wander into pa... they will nail you to the Wal for anything

[LEF]

I have to say also, NY has some amazing stuff.

I always had an impression that NY was more strict then CA on the ganja.
NYC is the city with the most possession charges yearly. Now they decided to stop doing the buy and bust thing on the street for marijuana, because they we're arresting a high quantity of latino and african fellows..

in my mind, NYC was always place with high pot prices, high enforcement, and very high quality

nyc diesel anyone ?

From what I remember looking at prices, it could go to 400$ an oz in nyc no problemo

(though if you are connected you can get more reasonable prices)

and to speak from experience, I went there and smoked some of the bud,
can't speak for all the bud in the city but what I smoked was very nice

paid a reasonable price too

[wordsux]

The only areas that are bad are the touristy areas. They are super strict around there. The outer boroughs are pretty lax when it comes to bud.