[bootyboo]

Gday....Ive got some major legal issues as my otherhalf (otherwise known as benjuanman) is in custody since 16/11/12. He was refused bail for two reasons, one is the amount of plants (104) and the man reason is because its hydro which is really frowned on here in Oz. He cant do anything at the moment because the court closes from now til February and he goes back to court on the 15 Feb. We are trying to decide whether or not to appeal baed on the fact that over 40 of the plants were 5 day old clones without a single root but benjuanman is worried that if he appeals and gets out that when he is sentenced the three months he would have already served might not be reduced from the overall sentence. I hope this is making sense, I get a bit stuck for words with everything going on. Can anyone please tell me what the definition of a plant is according to the law of Oz?? When we know that we will decide whether to appeal to the supreme court for bail based on the number of plants. benjanman has no prior offences for drugs of any kind so hopefully that goes in his favor. Ide appreciate any advice....Im really doing things tough without him, hes my best mate, my everything.

[High Country]

Originally Posted by bootyboo

Gday....Ive got some major legal issues as my otherhalf (otherwise known as benjuanman) is in custody since 16/11/12. He was refused bail for two reasons, one is the amount of plants (104) and the man reason is because its hydro which is really frowned on here in Oz. He cant do anything at the moment because the court closes from now til February and he goes back to court on the 15 Feb. We are trying to decide whether or not to appeal baed on the fact that over 40 of the plants were 5 day old clones without a single root but benjuanman is worried that if he appeals and gets out that when he is sentenced the three months he would have already served might not be reduced from the overall sentence. I hope this is making sense, I get a bit stuck for words with everything going on. Can anyone please tell me what the definition of a plant is according to the law of Oz?? When we know that we will decide whether to appeal to the supreme court for bail based on the number of plants. benjanman has no prior offences for drugs of any kind so hopefully that goes in his favor. Ide appreciate any advice....Im really doing things tough without him, hes my best mate, my everything.

A clone is a plant when you get busted.

[teemu shalanie]

I would say when she has roots , mate
TS

[High Country]

Sorry, probably a bit callous saying that. You need legal advice. I don't know what else to say.

[High Country]

Get him home for Xmas.

[timmy]

Hey, I've been through something similar a few years ago, and I think I can answer a few of your questions.
Firstly, you are right, a clone needs to have roots to be considered a plants, otherwise its just leaf material.
Secondly, it's up to the magistrate/judge's discresion whether the time spend on remand is deducted of the sentence.
And as far as plant numbers go, I can't speak for other states, but in NSW, when grown under artificial lights, 1-4 is personal quantity, 5-49 is indictable quantity, and anything over 50 is a commercial quantity.
I hope that helps a little, and hoping thing works out ok. I know how shitty it all feels, but it won't go on forever.

Timmy!

[timmy]

Originally Posted by High Country

Sorry, probably a bit callous saying that. You need legal advice. I don't know what else to say.

And I definatly agree with that.

[noyd666]

Originally Posted by bootyboo

Gday....Ive got some major legal issues as my otherhalf (otherwise known as benjuanman) is in custody since 16/11/12. He was refused bail for two reasons, one is the amount of plants (104) and the man reason is because its hydro which is really frowned on here in Oz. He cant do anything at the moment because the court closes from now til February and he goes back to court on the 15 Feb. We are trying to decide whether or not to appeal baed on the fact that over 40 of the plants were 5 day old clones without a single root but benjuanman is worried that if he appeals and gets out that when he is sentenced the three months he would have already served might not be reduced from the overall sentence. I hope this is making sense, I get a bit stuck for words with everything going on. Can anyone please tell me what the definition of a plant is according to the law of Oz?? When we know that we will decide whether to appeal to the supreme court for bail based on the number of plants. benjanman has no prior offences for drugs of any kind so hopefully that goes in his favor. Ide appreciate any advice....Im really doing things tough without him, hes my best mate, my everything.

hi bootyboo, my part of oz, over 20 plants' or 1k?or1lb? ask legal aid. is classed as trafficking, my 40 clones were, some rooted,yes, some no, judge asked cop, nobody said if it made diff or not, 20 seed plants' not sexed, clones' off, they deemed them all female plants', as why would i want something i could not use. ya just got luv em ,done deal before you get to court. if hes' a clean skin like you said, probaly a fine, and probation. seems' a bit tough locking him up for that long before court ,not a bloody murder trial. must be a shit of a state.

[sso]

well, first it depends on the laws in your state, then it depends on the asshole who busts you (like high country said.)

Depending on your cash and what sorta lawyer you get.


the law is not exactly the law, depending on who you are

and who´s enforcing it.

Oh yeah laugh it up guys because it's funny when growers get busted. I hope YOU never have to sit in prison during the holidays for a plant. If you do maybe someone will laugh with you, or maybe you won't think it's as funny then?

Legally in the USA it's not a plant until it has a visible formation of roots. I couldn't find anything specific to au but I would be suprised if the definition changes. You may be the one to have to set precedent there..