conspiracy charges?

[PonicallyMade]

Hey all,

I dont currently grow continously and was curious about something.
Its a ton of work to setup - dismantle - only to re set up a few months later. Ideal situation would be to dismantle, take equipment off property into storage - then re setup when needed. Hauling equipment in and out is just leading to more possilbities of someone seeing something..so what if its in the house (and possibly still setup as well?)

Say I were to come under investigation and was raided with only a room setup to grow (no plants)..but lights hanging over buckets and everything.

Could one be charged with conspiracy to cultivate?

Obviously it would be difficult if there was no evidence of marijuana..but thats a hard lifestyle to manage while trying to remain smoking (vaping).

Would I be charged with conspiracy if raided with a grow room (no plants) but had a vaporizer, bong, few pipes, personal stash, bubble bags, ect?

It would also be possible for them to find maybe spec of leaf matter on maybe say a drynet, corner of a cardboard box.

Anyone have an input or had anything like this happen to them?

PS - I'm not necessarily talking closet grow either - but more like 6k-8k with a lot of equipment either setup or stored in the attic or what not.

which brings me to another thought - could they harden the charged if I were busted growing with say a single light (few plants), but had say 10 other lights stored (not in use) in the house.



Thanks,
PM

 

[Baddog40]

They could try but it would be a tough sell, especially in front of a jury.

 

[jebus loves u]

if they find other contraband u bet they will try. just load it up with some veggies and grow them in down time, u would have a better chance at not being charged

 

[GreenintheThumb]

Depends where you live...but most likely you'd be eating a cultivation charge...

 

[btown]

if they even find a seed or any kind of marijuana paraphernalia then they can charge you with conspiracy, i was charged with conspiracy when they just found equipment in our van, granted the charges didn't stick, after 5 months of court proceedings and an original bail of 50000(was reduced eventually), but if they had found even the tiniest bit of anything to do with marijuana they would have

 

[79towncar]

Yea like they have said I don't think just a grow room with no plants would nail you but if they found a joint or anything like that then you might have a problem.. Also if they found like a hightimes magazine or seized your laptop and found grow guides things of that nature it would be easier for them to find you guilty...

 

[Pythagllio]

Umm, there needs to be two people involved before you can have a conspiracy.

 

[bass ackwards]

More than likely,under the circumstances described the charge would be "intent" either to distribute or grow.

 

[LiLWaynE]

how about you clean up all of your debris .

oh and clean up all of the paraphenilia.

(why would the 5-0 have to come into the house anyway?)

problem solved.

 

[CoonLover]

throw a tomato plant in there and let it die, anyone calls you out on it. It was for growing fruits and you suck at it.

 

[btown]

Umm, there needs to be two people involved before you can have a conspiracy.

Very true i forgot to mention that my buddy was driving the van hence the conspiracy one cannot conspire with himself...lol....good catch

 

[Limeygreen]

Throw some other plants in there that you like, say hot peppers, rosemary, anything that you can't grow outside kind of thing, or if you're in a warm climate grow root stocks for say citrus in there, then if they ever come you have some planted outside and if they only see a few inside then you can say well I am just experimenting to see differences or planted out all that you needed for now an dwill be starting a new trial soon. Done.

 

[79towncar]

Umm, there needs to be two people involved before you can have a conspiracy.

If it's just regular conspiracy then yea.. But conspiracy to distribute or conspiracy to manufacture you don't have to have a co-defendant.. I know numerous people charged with these crimes and they were arrested alone.. My one friend got caught with multiple e-pills and was convicted of conspiracy to distribute..

 

[Oliver Pantsoff]

conspiracy is a mofo..I've known a few people to get consporacu charges by talking on the phone about "different" things. Watch those phones<>

OP

 

[opt1c]

just getting ready for my winter tomato garden officer; like to get it all setup ahead of time so i know if i have any leaks.... have an extensive outdoor garden if possible; start your own vegetable seeds; have all that and you have reasonable doubt

just really keep your personal smoking on the dl if your room is setup; treat it like it's running full steam; maybe even do a dry run with vegetable to test the waters to see if the power usage draws any attention; better safe than sorry and once you have a secure spot it can stay that way for a long time if you do everything right

 

[Pythagllio]

If it's just regular conspiracy then yea.. But conspiracy to distribute or conspiracy to manufacture you don't have to have a co-defendant.. I know numerous people charged with these crimes and they were arrested alone.. My one friend got caught with multiple e-pills and was convicted of conspiracy to distribute..

...and every single one had an unidicted co-conspirator to testify that there was a conspiracy. By definition conspiracy requires 2 people to occur. No, it doesn't require that 2 parties get convicted.

 

[Bluelaw]

Hi PonicallyMade! Listen, you need to talk to a lawyer from the jurisdiction you're in. I've never heard of conspiracy when there's no actual "drugs", but from what btown says, there are some places that you can get busted. When you talk to an attorney, that conversation is privileged (I am an attorney) and he can't divulge what you've talked about. It willl cost you some money, but if you really want to know what's up...

 

[JJScorpio]

There are three elements that have to be proven for someone to committ conspiracy....


(1) that two ore more persons conspired, or made a plan, to commit a crime

(2) the people involved knowingly joined the conspiracy

(3) that a member of the conspiracy did one overt act for the purpose of advancing or helping the conspiracy.


Pete and Joe decide they are going to grow pot and make a ton of money, in an area where it is liiegal. They sit down and decide who's going to pay for what and who's going to do what. The plan is set.

At this point there is no crime committed.

The next day, as the plan called for, Joe went out and bought lights, nutes, soil and pots.

Now the crime of conspiracy has been committed. When Joe bought the supplies he committed an overt act and furthered the plan past the talking stage....

 

[btown]

I was never convicted just charged...that being said they did confiscate all the equipment which derailed our plans(for a little while) and the added hassle of having to go to court for 6 months until they tossed it out...you can be charged without any drug paraphernalia being found but just wait and see how fast the prosecuting D.A will offer you a deal....my first offer 1 year probation w/drug tests now that being there first offer i knew right there that they really had no case and proceeded with the n=motions and ogt it tossed on a motion to suppress and illegal search and seizure.....i have no doubt in my mind that if i took it to trial i would have been acquitted for sheer lack of evidence but thrown out is just as good

Hi PonicallyMade! Listen, you need to talk to a lawyer from the jurisdiction you're in. I've never heard of conspiracy when there's no actual "drugs", but from what btown says, there are some places that you can get busted. When you talk to an attorney, that conversation is privileged (I am an attorney) and he can't divulge what you've talked about. It willl cost you some money, but if you really want to know what's up...

 

[caruso813]

Just be careful man, don't keep all of your paraphernalia laying around in your grow area. Any dried leaves or anything like that should be cleaned up, not left out to be found. Things like that are what could get you in the long haul. If the cops came into your homeand found nothing but a basement full of lights/buckets, they're going to have an EXTREMELY difficult time getting that to stick in court. Be careful man, plain and simple. Cover your tracks and always think a few steps ahead. Don't let your guard down.