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benjuanman pinched

bootyboo

New member
:cry:Just wanna let any friends of benjuanman know that someone dogged us n he got done with 104 plants. 40 of which were 4 day old clones without a single root. What should we do????? should he cop to te 104 or appeal on the number of living plants?? Im on the outside thanks to my darling man takng the wrap. I Love You Benjuanman <3
:gday:
 

Hydrosun

I love my life
Veteran
The federal definition of plant is VISIBLE root, stalk, AND leaf. If it doesn't have a root it is not a plant.
 

OldSkoolKlein

Active member
Would I be right in guessing that you are Down Under (Australia?) If so you may wanna say so cos there may be helpful advice given here, but only if it happened in the States. It'd be a bit silly if people start giving advice left right and centre, and it was all useless cos of being in another country!

If you are in OZ, post this in the aussie forum, there are plenty of helpers there.
 
:cry:Just wanna let any friends of benjuanman know that someone dogged us n he got done with 104 plants. 40 of which were 4 day old clones without a single root. What should we do????? should he cop to te 104 or appeal on the number of living plants?? Im on the outside thanks to my darling man takng the wrap. I Love You Benjuanman <3
:gday:

You're a sweetheart for taking up for him bootyboo. I take it that he is locked up. Exactly how was he found out? In the states a lot of lawyers argue if proper police procedure was followed.
 

honeybooboo

Member
bootyboo, sorry to hear about benjuanman. I've been through all this. The courts counted all my plants with or without roots., and a third of the plants didn't have roots. I ask my paid lawyer to argue that fact but he didn't seem to think I had a case. It was never officially challenged as I took a plea deal.I did get a good plea deal though, because like Nadicus Maximus said we threatened to go to a jury trial because of some sloppy police procedure. Hang in there and get the best lawyer you can afford.I'm in the states.
 

Terroir

Member
if your in oz have you got a lawyer? Be aware that your phone could be tapped. They really do doit especially just before an arrest and straight after.

if you have not call the relevant state law society and ask for a list of lawyers that specialize in criminal defense. Also was it 60 plants plus clones in a large multi light set up or 60 plus small plants under 1-3 lights sort of thing. If it was 60 plants in a large grow i would see if you can find out where your hubbies has been stashing the cash as you might need it.

You can take your chances with a legal aid/ public defender, some are great and some are hopeless. They will not be able to spend 2 much time on your case though.

Prior convictions will also apply. Been in trouble with the law before?

You need to wait for the police brief of evidence and see what you are up against. Until then keep your head down and chin up.
 

bootyboo

New member
:gday: Thanks everyone for youre advice and well wishes. Yes I am in Oz and they are pretty harsh on hydroponics.....the local court magistrate said if they were in the ground he would have gotten bail and wouldnt be such a big deal. He doesnt have any priors for drugs of any kind so that shold go in his favour. Thaks again. :tiphat:
 

Dubya

Member
When I got pinched they counted about 60 unrooted clones in cups of water, bringing my total waaaay up past 100. When my lawyer argued to bring the # down, the courts said that they were intended to be plants and therefore could be counted as such.

Now there's always the chance I could have taken it to trial, but I took a deal and got 2 felonies with no jail time. Sucks but fuck it I'm still growin hehe.
 

Elmer Bud

Genotype Sex Worker AKA strain whore
Veteran
Rule #1 Make no admissions .
Rule #2 Put away money for lawyers ...
Rule #3 See rule #1

EB .
 

Terroir

Member
:gday: ....the local court magistrate said if they were in the ground he would have gotten bail and wouldnt be such a big deal. He doesnt have any priors for drugs of any kind so that shold go in his favour. Thaks again. :tiphat:

Bail was denied?

Hell a old friend of mine got popped about 8 years ago with 25 lbs, 200 pills and 3/4 of an ounce of coke and he got bail then weekend detention. Far out. Bail was substantial and required a second mortgage on a house to find the cash however.

Your bust pales in significance to the one that happened in your area the day before. Prob even the same magistrate.

Cops/ dpp make mistakes all the time.
 
S

SeaMaiden

:gday: Thanks everyone for youre advice and well wishes. Yes I am in Oz and they are pretty harsh on hydroponics.....the local court magistrate said if they were in the ground he would have gotten bail and wouldnt be such a big deal. He doesnt have any priors for drugs of any kind so that shold go in his favour. Thaks again. :tiphat:

Wow, it makes a legal difference how the plants are being grown...?

I can offer no advice, but heartfelt best wishes for all involved. Truly am sorry.
 

Stoxx

Member
:gday: Thanks everyone for youre advice and well wishes. Yes I am in Oz and they are pretty harsh on hydroponics.....the local court magistrate said if they were in the ground he would have gotten bail and wouldnt be such a big deal. He doesnt have any priors for drugs of any kind so that shold go in his favour. Thaks again. :tiphat:


That's f-in nuts. Hydro bad, soil good.

What insanity...
 

Terroir

Member
Wow, it makes a legal difference how the plants are being grown...?

I can offer no advice, but heartfelt best wishes for all involved. Truly am sorry.

Yeh NSW has a law they brought in afew years ago

NSW will introduce Australia's first laws to distinguish between hydroponically-grown and outdoor cultivated cannabis, toughening penalties for growing the indoor crops.

Announcing the new laws, NSW Premier Morris Iemma said hydroponically-grown cannabis is up to seven times more potent than marijuana grown outside using less sophisticated techniques.

Mr Iemma said the legislation, to be introduced when parliament resumes on February 28, will help crack down on criminal syndicates growing the drug and could reduce the incidence of mental illness among people smoking it.

Under the proposals, the penalty for growing the traditional "bush" cannabis will remain the same, while the penalty will increase significantly for the cultivation of more than 50 plants grown hydroponically.

For growing 200 or more hydroponic plants, sentencing provisions will double from a maximum 10 years to 20 years' jail.

Growing 50 to 199 hydroponic plants will attract a maximum 15-year prison sentence and/or $385,000 fine, while a crop of 200 or more will constitute a large commercial quantity, qualifying for the maximum 20-year jail penalty and/or $550,000 fine.

Both categories are currently covered by provision for a maximum 10 year sentence and/or $220,000 fine, while 1,000 cannabis plants is considered a large commercial quantity.

The legislation creates new offences for cultivation only and does not impact on current possession laws.

Mr Iemma said hydroponic crops grew faster and yielded about five times more than conventional plants.

He also claimed their cultivation was predominantly the domain of organised crime.

"The research and evidence is that there is a direct link between the potent form of cannabis, hydroponically-grown cannabis, to the development of severe mental illnesses," Mr Iemma told reporters.

The Minister for Mental Health Issues, Cherie Burton, said one smoke of the hydroponic cannabis could bring on a mental illness.

But those claims were rejected by Sydney drug expert Paul Dillon, of the National Drug and Alcohol Research Council, who said the perception indoor-grown cannabis was a "super weed" was largely a myth.

Mr Dillon says the evidence suggests cannabis today is only about four per cent stronger than 30 years ago.

"What we do know is that the cannabis that is grown in controlled environments appears to have much more flowering head content which is the stronger part of the plant," he said.
"It's not like all of a sudden the plant has got a lot stronger."

National Association of Practising Psychiatrists vice-president Jean Lennane said while it was well known that marijuana could cause mental illness, it was unclear if there was a difference between hydroponic and conventional cannabis.

"But I believe the differences showing up in users are more likely to be related to convenience and accessibility ... the fact that people are growing more of it and using it more often," she said.

But she claimed Mr Iemma was using hydroponic cannabis as a scapegoat for the "catastrophic" state of mental health services in NSW.

"After cutting services for the past 10 years, the government is now trying to blame the victim rather than the catastrophic state of mental health services," Dr Lennane said.

Under the new laws, houses where hydroponic cannabis is grown will be subject to the same search and warrant powers as amphetamine and heroin dens.

There will also be a range of penalties for people who expose children to the drug and its cultivation.

Penalties for electricity theft will double to $11,000 and/or two years in jail.

NSW opposition leader Peter Debnam said he supported the government's plan to tighten its "lax" cannabis laws.


4 plants indoor is the limit for perso. I wonder how the pigs would like it if the came upon a 4 tree 8 light vertical set up heath robinson style.
 
B

BrnCow

When I got pinched they counted about 60 unrooted clones in cups of water, bringing my total waaaay up past 100. When my lawyer argued to bring the # down, the courts said that they were intended to be plants and therefore could be counted as such.

Tell the fuckers that you also intended to be rich ...ask them if you can go ahead and start writing checks on the bank too...
 
G

greenmatter

well that FUCKING SUCKS !!!!!!!! please let ben know that we're thinking about him.

sending some good stoner energy his way right now. i hope it makes LEO lose all the filesi
 
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