Cannabis cultivation semantics need help!!

[Mukind]

Quick legal question regarding cannabis cultivation in a non-med state. I live in Illinois and here you can have up to 5 plants rooted and still be charged with a misdemeanor. However possessing over 30 grams of "cannabis" (i don't believe the statute specifies whether dry or not) is a felony. So if i grew a half pound on each of those 5 plants i would be well into class X range for my state but because it's on the plant would i have some precedent for a defense? The root of this question might be when does a "plant" become "cannabis" in the states eyes.

Any reliable info would be greatly appreciated

 

[headiez247]

That's a real good questions.

I do NOT know Illinois specific information but my assumption would be that until it is removed from the plant or is hanging and drying that it would be considered a rooted plant and thus would fall under the 5 plant rule.

I am very curious about this though so if you find out a definitive answer please post back here

 

[hamstring]

Great question, but in many states they pull the whole plant root mass and all and weigh it for the possession charge so I'm not so sure you can win no matter what.

Love to know the answer and thanks for the great question.

 

[Mukind]

So i have scoured the internet for the past few days looking for this info and finally I just decided to call lawyers and pretend like I had been caught in the hypothetical I posted earlier.
After a few failed attempts from state wide legal hotlines I finally started calling quality lawyers and got in contact with a former DA of Cook County (Chicago). He said that all the state must do is take a big enough portion for the lab to test and they have me on the whole weight of the plant, roots and all.
So to answer my own question in ILLINOIS a "plant" becomes "cannabis" when the state is able to prove their is THC in any part of the plant. I do not know the exact parameters they use to define cannabis in the forensics lab but if it is strict enough to test positive on two year old Mexican brick weed it will probably be good enough to test positive for any plant in flowering.

Thanks for your info guys, it's important to remember that cannabis cultivation laws in most states are vague (compared to a med states) and you should contact a your local legal counsel to ensure you understand how your community handles cannabis cultivation.

 

[dtfsux]

it really depends on the asshats that bust you.I got caught with plants and drying bud. They only weighed the drying bud. Had they weighed the plants, they could have gone from 10-20# to 80#, easily putting me in the trafficking category.

I have possession for amounts in 2 different locations. They charged me separately. The new prosecutor made it clear in the future he will combine all weights and charge as one charge, to get the amounts higher, and hit trafficking levels.


It really really depends on the arresting agency, and the DA.


The more rural of an an area, the more they want to fuck you.

 

[JJScorpio]

In most areas a plant is cannabis if it tests positive for THC. The rooted plant speaks for itself.

I think if you were caught they would take the plant matter and weigh it to get the weight. An Attorney would be able to make sure it were weighed dry. So at a half pound per plant you'd be charged with posession of 40 ounces, give or take, of dried Cannabis.... They may say they'd weigh the rootball, but there is no THC in dirt, an your Attorney would see to that....

 

[supermanlives]

move that state sucks anyhow. dont ask how i know