Need Clarification on Mass Law...(plant count)

[Hydrolized]

Hey all.

NORML website for Mass laws says UP TO 50 lbs cultivation/sale is one penalty and OVER 50lbs is a felony penalty...

Does anybody know how they calculate the 50 lbs? I know some states use 1lb per plant as a set value after a bust i.e. if you have 10 plants they charge you with 10 lbs, 50 plants 50 lbs, etc...... while some states dry the whole plant including root ball and charge you with the "dry" total weight, while others will dry and trim the bud and weigh it as a grower/sell would.

To one trying to stay under the felony charge, the way they get the final weight means the difference between having 49 plants, or 100+ plants.

I've tried to search for cases and precedents about this topic and couldn't find anything...thanks!

 

[supermanlives]

i have heard of several cases where they weigh it wet. i have never heard any confirmed cases where they weigh rootball too. but i wont say it cant happen. i have never ever heard of them trimming it . ever. it dont make sence for them to trim away the yield they want maximum weight

 

[Hydrolized]

Thanks for the reply superman...the things I read about trimming were just on forums so probably not true...I have read confirmed reports of the root ball being weighed with the plant, though...

Weighing wet sounds very probable...which would make a 4oz yield plant weigh over a pound!

I guess I'm looking for the exact procedure MA takes to arrive at final weight then...thanks for the info!

 

[Hydrolized]

Was just looking at NORML again and saw that federal law counts 1 plant as 2.2 lbs! I find that bullshit but I guess if you are outdoors that could happen...still searching for MA stance on it though.

 

[Mukind]

In illinois the "cannabis plant" becomes "cannabis' when they ANY part of the plant tests positive for THC. They weigh root mass and all, no mercy.

 

[JJScorpio]

Any Lawyer worth anything is going to make sure that only the plant matter with THC is weighed and he's going to make sure it's dried before a final weight is charged....

 

[Mukind]

Any Lawyer worth anything is going to make sure that only the plant matter with THC is weighed and he's going to make sure it's dried before a final weight is charged....

Do you know how those tests work? It's basically a old school pH tester for bud.....What do you think they are gonna do cut up the whole plant bit by bit to see what has THC in it? Be realistic, they are weighing the whole plant although i agree a good lawyer will wait a month and get it tested by your own expert so they can remove dirt, moisture, etc......but they don't get to cut up the plant and decide which part is "cannabis" and which is "cannabis plant matter". Your lawyer can't do anything for you except file the motions so your expert can get his hands on the evidence.

Again this is illinois but all the states test substances the same way. Not really efficient for them to do anything but what i said. And the only way you get to fight evidence is if you go to trial, which is pretty stupid when they have a legal search and find illicit substances.....

50lbs? I think they meant wet, lots of plant matter dry

 

[Hydrolized]

After reading more...it seems that if they can't satisfy themselves with what they can charge you with at state level they will refer your case to the feds and you will face the federal penalties.....how could they do that? I thought the feds had to be the investigating/arresting party to have any part in the prosecution? Example you get popped by MA state police...and you have 10 plants...all they could get is max 1 year in jail...so they refer your case to dea/feds and your looking at 5 years in prison now.....can anyone explain how that works? It seems if that is true finding the most friendly states isn't as important as one would think since it could always get "upgraded" to federal charges...

 

[tony clifton]

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[CannaBunkerMan]

When considering these things, you need to look at it from the prosecutors POV. How will he, and the 1000 pound gorilla of Johnny Law, fuck you in the ass the hardest? They're not going to go easy and they will fuck you raw.