Application of Federal vs State Law In Regards To Growing - Cannabis Laws & Cannabis Legislation - International Cannagraphic Magazine Forums

LeMonte · 12-25-2015, 02:18 AM

Sorry if this has been covered, but I was wondering how federal and state law is applied. For example, I believe under Federal law over 50 plants is an increased penalty compared to under 50. Say I was caught growing 51 plants, would that automatically be sent to federal court or would it stay in state court? I guess what I'm trying to say is, how is the application of state or federal law determined?

Boyd Crowder · 12-25-2015, 03:13 AM

federal first state second - if you are in a legal state - grow their limiif not max count would be 49 for the rest of us

stoned-trout · 12-25-2015, 01:40 PM

feds generally don't miss with the small fish ...unless you got prior charges ,interstate transportation or just really piss em off....yeehaw

GrowerGoneWild · 12-28-2015, 10:50 AM

Quote:

Originally Posted by LeMonte

Sorry if this has been covered, but I was wondering how federal and state law is applied. For example, I believe under Federal law over 50 plants is an increased penalty compared to under 50. Say I was caught growing 51 plants, would that automatically be sent to federal court or would it stay in state court? I guess what I'm trying to say is, how is the application of state or federal law determined?

Generally speaking.. the Cole memo outlines the intent of marijuana enforcement for legal states.. This shows the federal intent, that local enforcement over federal enforcement is prefered. I assume that this attitude also is applied to prohibition states, well the first paragraph therin shows guidance in all states.

I think federal enforcement would come into play say you were growing on federal land, or say involved with diversion to minors.. cartel involvement.

https://www.justice.gov/iso/opa/resou...2756857467.pdf

MJPassion · 01-03-2016, 03:46 PM

The Feds do not have any jurisdiction outside of federal lands. If folks would learn & apply this in court there would be a lot less people being convicted.

By challenging jurisdiction, a particular court must prove that they have said jurisdiction over said individuals previous to any other proceedings.

The various governing agencies would like you to believe that they give you your Rights but that simply is not true. Rights are inherent from birth. Rights are in place by simple existence.

Man created the various governing agencies so why should these agencies have the ability to control their creators?
Well, the fact is, they only control as much as YOU allow them to.

soserthc1 · 01-03-2016, 04:00 PM

^^^ true ....the shitty part would be the amount of lawyer fees it takes to do it. Something wrong about that , me thinks the government should reinburse lawyer fees if you win

These kinda threads creep me out thou just thinkin on the bs that's possible

socioecologist · 01-03-2016, 04:25 PM

More importantly, DOJ and DEA are not allowed to use any money in FY2016 to go after people who are compliant with their state cannabis laws. This is a repeat of FY2015 (though hemp was added this year as well). I wouldn't worry about it at all; to be successful at growing large scale requires that you worry exclusively about things other than a fed raid, so put it out of mind, put your head down, and go for it.

12-25-2015, 02:18 AM	#1
LeMonte Newbie Join Date: Nov 2015 Posts: 16	Application of Federal vs State Law In Regards To Growing Sorry if this has been covered, but I was wondering how federal and state law is applied. For example, I believe under Federal law over 50 plants is an increased penalty compared to under 50. Say I was caught growing 51 plants, would that automatically be sent to federal court or would it stay in state court? I guess what I'm trying to say is, how is the application of state or federal law determined?
	Quote

12-25-2015, 03:13 AM	#2
Boyd Crowder Teem MiCr0B35 Join Date: Jan 2015 Location: 2.2k Organix CircleJurk Posts: 2,205	federal first state second - if you are in a legal state - grow their limiif not max count would be 49 for the rest of us __________________ Sometimes, you just get lucky ____________________________ "You want to make a living in this business you need to know your ABC's. Always Be Cool" - Boyd Crowder _____________________________ My Grows: Bodhi Super Snow Lotus -Ongoing Karma Biker Kush 1.0 2.2k Organic Circle Jerk - Done Official Bugman Testers & Pics Thread - Ongoing Thinking Vertical 101: The Build and Grow - Hangout/Current Certified Noob Recycled Organic Soil Test Grow A Rama Done GhettoGrow - Beginners Journey to Harvest for less than $1500 Done ______________________________ _ Tests: gravity vs ultra snow storm vs bloombastic hoedown showdown growdown - Delayed till 2018 ______________________________ _
	Quote 1 members found this post helpful.

12-25-2015, 01:40 PM	#3
stoned-trout if it smells like fish Join Date: Feb 2014 Location: bible hill estates Posts: 8,328	feds generally don't miss with the small fish ...unless you got prior charges ,interstate transportation or just really piss em off....yeehaw __________________ SML..iff mi spellin and centances suk and yoo don't lyke itt too fukkin bad;/?.....I once was asked what I would say upon getting to the gates of heaven??? m/r is a visitors badge an option??? I would like a few drinks at the bar... YEEHAW....vote for real legalization not sum bullshit...free the weed or kiss my ass...you wont be getting my tax money..
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01-03-2016, 04:00 PM	#6
soserthc1 Member Join Date: Jun 2012 Location: Atlantic Ocean Posts: 491	^^^ true ....the shitty part would be the amount of lawyer fees it takes to do it. Something wrong about that , me thinks the government should reinburse lawyer fees if you win These kinda threads creep me out thou just thinkin on the bs that's possible __________________ See beyond the visible... The ability to ponder things which are normally beyond ones reasoning #aliencush #caseyscush #squarehead 12/07/14
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01-03-2016, 03:46 PM	#5
MJPassion Observer Join Date: Dec 2012 Location: uni-verse Posts: 5,584	The Feds do not have any jurisdiction outside of federal lands. If folks would learn & apply this in court there would be a lot less people being convicted. By challenging jurisdiction, a particular court must prove that they have said jurisdiction over said individuals previous to any other proceedings. The various governing agencies would like you to believe that they give you your Rights but that simply is not true. Rights are inherent from birth. Rights are in place by simple existence. Man created the various governing agencies so why should these agencies have the ability to control their creators? Well, the fact is, they only control as much as YOU allow them to.
	Quote

01-03-2016, 04:25 PM	#7
socioecologist Member Join Date: Jul 2014 Location: Oregon Posts: 299	More importantly, DOJ and DEA are not allowed to use any money in FY2016 to go after people who are compliant with their state cannabis laws. This is a repeat of FY2015 (though hemp was added this year as well). I wouldn't worry about it at all; to be successful at growing large scale requires that you worry exclusively about things other than a fed raid, so put it out of mind, put your head down, and go for it.
	Quote