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NY state cultivation laws
- Thread starter liquid069
- Start date
http://www.norml.org/index.cfm?wtm_view=&Group_ID=4554 normal's website
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ureapwhatusow
each plant is considered a 1/4 pound unless it weughs heavier
instead of I love NY it should read I Grow NY
NY Upstate, City, Long Island ARE NOT aggressively seeking growers
instead of I love NY it should read I Grow NY
NY Upstate, City, Long Island ARE NOT aggressively seeking growers
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ureapwhatusow
JJScorpio said:
not being a stickler, but I believe that is incorrect
Possession
2 to 8 oz class A misdemeanor 1 year and/or fine $1,000
Sale or Cultivation
25 g to 4 oz (first felony) class E felony 1 - 4 years,
Also I read on NYS website, that each rooted plant is assumed to be a 1/4 pound in weight regardless of size .. Just an FYI, when I get some time I will back tha tinfo up with a link from NYS
I would think that NORML could get it right. NYS doesn't have laws pertaining to cultivation in the penal section. Cultivation is covered under the Public Health Law and the first offense is an A misdemeanor, which is a slap on the wrist for a first offense unless you get caught growing pounds. NYS also has no laws pertaining to any weight per plant. In fact, the courts have determined that nothing can be weighed except which has THC and it must be dried.....
ARTICLE 221
OFFENSES INVOLVING MARIHUANA
Section 221.00 Marihuana; definitions.
221.05 Unlawful possession of marihuana.
221.10 Criminal possession of marihuana in the fifth degree.
221.15 Criminal possession of marihuana in the fourth degree.
221.20 Criminal possession of marihuana in the third degree.
221.25 Criminal possession of marihuana in the second degree.
221.30 Criminal possession of marihuana in the first degree.
221.35 Criminal sale of marihuana in the fifth degree.
221.40 Criminal sale of marihuana in the fourth degree.
221.45 Criminal sale of marihuana in the third degree.
221.50 Criminal sale of marihuana in the second degree.
221.55 Criminal sale of marihuana in the first degree.
S 221.00 Marihuana; definitions.
Unless the context in which they are used clearly otherwise requires,
the terms occurring in this article shall have the same meaning ascribed
to them in article two hundred twenty of this chapter.
S 221.05 Unlawful possession of marihuana.
A person is guilty of unlawful possession of marihuana when he
knowingly and unlawfully possesses marihuana.
Unlawful possession of marihuana is a violation punishable only by a
fine of not more than one hundred dollars. However, where the defendant
has previously been convicted of an offense defined in this article or
article 220 of this chapter, committed within the three years
immediately preceding such violation, it shall be punishable (a) only by
a fine of not more than two hundred dollars, if the defendant was
previously convicted of one such offense committed during such period,
and (b) by a fine of not more than two hundred fifty dollars or a term
of imprisonment not in excess of fifteen days or both, if the defendant
was previously convicted of two such offenses committed during such
period.
S 221.10 Criminal possession of marihuana in the fifth degree.
A person is guilty of criminal possession of marihuana in the fifth
degree when he knowingly and unlawfully possesses:
1. marihuana in a public place, as defined in section 240.00 of this
chapter, and such marihuana is burning or open to public view; or
2. one or more preparations, compounds, mixtures or substances
containing marihuana and the preparations, compounds, mixtures or
substances are of an aggregate weight of more than twenty-five grams.
Criminal possession of marihuana in the fifth degree is a class B misdemeanor.
S 221.15 Criminal possession of marihuana in the fourth degree.
A person is guilty of criminal possession of marihuana in the fourth
degree when he knowingly and unlawfully possesses one or more
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of more than two ounces.
Criminal possession of marihuana in the fourth degree is a class A misdemeanor.
S 221.20 Criminal possession of marihuana in the third degree.
A person is guilty of criminal possession of marihuana in the third
degree when he knowingly and unlawfully possesses one or more
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of more than eight ounces.
Criminal possession of marihuana in the third degree is a class E felony.
S 221.25 Criminal possession of marihuana in the second degree.
A person is guilty of criminal possession of marihuana in the second
degree when he knowingly and unlawfully possesses one or more
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of more than sixteen ounces.
Criminal possession of marihuana in the second degree is a class D felony.
S 221.30 Criminal possession of marihuana in the first degree.
A person is guilty of criminal possession of marihuana in the first
degree when he knowingly and unlawfully possesses one or more
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of more than ten pounds.
Criminal possession of marihuana in the first degree is a class C felony.
S 221.35 Criminal sale of marihuana in the fifth degree.
A person is guilty of criminal sale of marihuana in the fifth degree
when he knowingly and unlawfully sells, without consideration, one or
more preparations, compounds, mixtures or substances containing
marihuana and the preparations, compounds, mixtures or substances are of
an aggregate weight of two grams or less; or one cigarette containing
marihuana.
Criminal sale of marihuana in the fifth degree is a class B misdemeanor.
S 221.40 Criminal sale of marihuana in the fourth degree.
A person is guilty of criminal sale of marihuana in the fourth degree
when he knowingly and unlawfully sells marihuana except as provided in
section 221.35 of this article.
Criminal sale of marihuana in the fourth degree is a class A misdemeanor.
S 221.45 Criminal sale of marihuana in the third degree.
A person is guilty of criminal sale of marihuana in the third degree
when he knowingly and unlawfully sells one or more preparations,
compounds, mixtures or substances containing marihuana and the
preparations, compounds, mixtures or substances are of an aggregate
weight of more than twenty-five grams.
Criminal sale of marihuana in the third degree is a class E felony.
S 221.50 Criminal sale of marihuana in the second degree.
A person is guilty of criminal sale of marihuana in the second degree
when he knowingly and unlawfully sells one or more preparations,
compounds, mixtures or substances containing marihuana and the
preparations, compounds, mixtures or substances are of an aggregate
weight of more than four ounces, or knowingly and unlawfully sells one
or more preparations, compounds, mixtures or substances containing
marihuana to a person less than eighteen years of age.
Criminal sale of marihuana in the second degree is a class D felony.
S 221.55 Criminal sale of marihuana in the first degree.
A person is guilty of criminal sale of marihuana in the first degree
when he knowingly and unlawfully sells one or more preparations,
compounds, mixtures or substances containing marihuana and the
preparations, compounds, mixtures or substances are of an aggregate
weight of more than sixteen ounces.
Criminal sale of marihuana in the first degree is a class C felony.
ARTICLE 221
OFFENSES INVOLVING MARIHUANA
Section 221.00 Marihuana; definitions.
221.05 Unlawful possession of marihuana.
221.10 Criminal possession of marihuana in the fifth degree.
221.15 Criminal possession of marihuana in the fourth degree.
221.20 Criminal possession of marihuana in the third degree.
221.25 Criminal possession of marihuana in the second degree.
221.30 Criminal possession of marihuana in the first degree.
221.35 Criminal sale of marihuana in the fifth degree.
221.40 Criminal sale of marihuana in the fourth degree.
221.45 Criminal sale of marihuana in the third degree.
221.50 Criminal sale of marihuana in the second degree.
221.55 Criminal sale of marihuana in the first degree.
S 221.00 Marihuana; definitions.
Unless the context in which they are used clearly otherwise requires,
the terms occurring in this article shall have the same meaning ascribed
to them in article two hundred twenty of this chapter.
S 221.05 Unlawful possession of marihuana.
A person is guilty of unlawful possession of marihuana when he
knowingly and unlawfully possesses marihuana.
Unlawful possession of marihuana is a violation punishable only by a
fine of not more than one hundred dollars. However, where the defendant
has previously been convicted of an offense defined in this article or
article 220 of this chapter, committed within the three years
immediately preceding such violation, it shall be punishable (a) only by
a fine of not more than two hundred dollars, if the defendant was
previously convicted of one such offense committed during such period,
and (b) by a fine of not more than two hundred fifty dollars or a term
of imprisonment not in excess of fifteen days or both, if the defendant
was previously convicted of two such offenses committed during such
period.
S 221.10 Criminal possession of marihuana in the fifth degree.
A person is guilty of criminal possession of marihuana in the fifth
degree when he knowingly and unlawfully possesses:
1. marihuana in a public place, as defined in section 240.00 of this
chapter, and such marihuana is burning or open to public view; or
2. one or more preparations, compounds, mixtures or substances
containing marihuana and the preparations, compounds, mixtures or
substances are of an aggregate weight of more than twenty-five grams.
Criminal possession of marihuana in the fifth degree is a class B misdemeanor.
S 221.15 Criminal possession of marihuana in the fourth degree.
A person is guilty of criminal possession of marihuana in the fourth
degree when he knowingly and unlawfully possesses one or more
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of more than two ounces.
Criminal possession of marihuana in the fourth degree is a class A misdemeanor.
S 221.20 Criminal possession of marihuana in the third degree.
A person is guilty of criminal possession of marihuana in the third
degree when he knowingly and unlawfully possesses one or more
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of more than eight ounces.
Criminal possession of marihuana in the third degree is a class E felony.
S 221.25 Criminal possession of marihuana in the second degree.
A person is guilty of criminal possession of marihuana in the second
degree when he knowingly and unlawfully possesses one or more
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of more than sixteen ounces.
Criminal possession of marihuana in the second degree is a class D felony.
S 221.30 Criminal possession of marihuana in the first degree.
A person is guilty of criminal possession of marihuana in the first
degree when he knowingly and unlawfully possesses one or more
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of more than ten pounds.
Criminal possession of marihuana in the first degree is a class C felony.
S 221.35 Criminal sale of marihuana in the fifth degree.
A person is guilty of criminal sale of marihuana in the fifth degree
when he knowingly and unlawfully sells, without consideration, one or
more preparations, compounds, mixtures or substances containing
marihuana and the preparations, compounds, mixtures or substances are of
an aggregate weight of two grams or less; or one cigarette containing
marihuana.
Criminal sale of marihuana in the fifth degree is a class B misdemeanor.
S 221.40 Criminal sale of marihuana in the fourth degree.
A person is guilty of criminal sale of marihuana in the fourth degree
when he knowingly and unlawfully sells marihuana except as provided in
section 221.35 of this article.
Criminal sale of marihuana in the fourth degree is a class A misdemeanor.
S 221.45 Criminal sale of marihuana in the third degree.
A person is guilty of criminal sale of marihuana in the third degree
when he knowingly and unlawfully sells one or more preparations,
compounds, mixtures or substances containing marihuana and the
preparations, compounds, mixtures or substances are of an aggregate
weight of more than twenty-five grams.
Criminal sale of marihuana in the third degree is a class E felony.
S 221.50 Criminal sale of marihuana in the second degree.
A person is guilty of criminal sale of marihuana in the second degree
when he knowingly and unlawfully sells one or more preparations,
compounds, mixtures or substances containing marihuana and the
preparations, compounds, mixtures or substances are of an aggregate
weight of more than four ounces, or knowingly and unlawfully sells one
or more preparations, compounds, mixtures or substances containing
marihuana to a person less than eighteen years of age.
Criminal sale of marihuana in the second degree is a class D felony.
S 221.55 Criminal sale of marihuana in the first degree.
A person is guilty of criminal sale of marihuana in the first degree
when he knowingly and unlawfully sells one or more preparations,
compounds, mixtures or substances containing marihuana and the
preparations, compounds, mixtures or substances are of an aggregate
weight of more than sixteen ounces.
Criminal sale of marihuana in the first degree is a class C felony.
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ureapwhatusow
In the early 90;'s when i was first researching NYS I did indeed see a each plan tis assumed xxxx in wieght
good to see htings have changed
im going buck wild then
good to see htings have changed
im going buck wild then
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ureapwhatyousow. I believe you are incorrect about LE activley seeking out grows. In the NY area.
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ureapwhatusow
ARTofMAKINGfire said:
i meant in regards to indoor growing.
outdoor I have no clue.
JJ - I've read of several indoor busts in NY. Is that what you're referring to? Or are you just speaking about outdoor.
I would love it if LE wasn't searching out grows. But I can't but help think they are.
Then again, most of the busts I've read about were found because of other reasons. ie. A fire. And another the people had mad coke, assault weapons, pills, and they got busted because one of thier customers rolled and knew all thier business. So they weren't operating with a shred of inteligence.
Either way, I think we should always keep the attitude that LE is out there looking for those of us that grow a decent amount of pot indoors. It is a healthy thing. Complacency will most certainly lead to bad decisions. I still believe if you don't break RULE #1, you are way ahead of the game. On all levels, it is the most important practice to impliment.
I would love it if LE wasn't searching out grows. But I can't but help think they are.
Then again, most of the busts I've read about were found because of other reasons. ie. A fire. And another the people had mad coke, assault weapons, pills, and they got busted because one of thier customers rolled and knew all thier business. So they weren't operating with a shred of inteligence.
Either way, I think we should always keep the attitude that LE is out there looking for those of us that grow a decent amount of pot indoors. It is a healthy thing. Complacency will most certainly lead to bad decisions. I still believe if you don't break RULE #1, you are way ahead of the game. On all levels, it is the most important practice to impliment.
Cops are definitely looking for large outdoor and indoor grows. I've noticed the last week that the choppers are flying late in the afternoon when the temps start cooling. It puts my heart in my throat, lol. On top of that flowering is way behind last year, and the more the surrounding vegetation dies, the easier it will be to find plots...
GorillaGrower
Member
SOMe of what you guys are saying is correct.. but it could give some the wrong idea..
What you guys are saying about the laws there is correct..
but they are ACTIVELY searching using helicopters and planes for MJ. I wouldn't believe till it happened.. and guess what it HAPPENED.
UPstate NY.. NY state troopers have helicopters and are making active patrols.. to be honest I don't know how much or where.. but can tell you for a fact they found only 20something in a small area w/ brush knocked down.. you could say yeah well it stood out.. or you could look at how much land there is around (fingerlakes) and the miles and miles of farm land.. and ask yourself "how they found this?"
to be honest I don't know.. but it seems it was a random patrol (straight from the officers mouth).. it was a Mj eradication team, they gave a summons ticket w/ no arrests and even treated what was owned up to as less than it was ie numbers of plnts
they looked through the residence to make sure there wasn't another op and left.. including the bong and weed and everything involved.
I am not giving an opinion of the situation.. but explaining to all .. maybe it was shear luck of the draw, or maybe the cops are that good.. but head my warning they found very small 2ft clones in3 gal pots.. The officers said if they weren't in pots they would of probably either missed em.. or not bothered pursuing the owners.
oh yeah.. and they said they were using FLIR and may not have had real evidence .. but used that has intimidation to come in.
any questions?
What you guys are saying about the laws there is correct..
but they are ACTIVELY searching using helicopters and planes for MJ. I wouldn't believe till it happened.. and guess what it HAPPENED.
UPstate NY.. NY state troopers have helicopters and are making active patrols.. to be honest I don't know how much or where.. but can tell you for a fact they found only 20something in a small area w/ brush knocked down.. you could say yeah well it stood out.. or you could look at how much land there is around (fingerlakes) and the miles and miles of farm land.. and ask yourself "how they found this?"
to be honest I don't know.. but it seems it was a random patrol (straight from the officers mouth).. it was a Mj eradication team, they gave a summons ticket w/ no arrests and even treated what was owned up to as less than it was ie numbers of plnts
they looked through the residence to make sure there wasn't another op and left.. including the bong and weed and everything involved.
I am not giving an opinion of the situation.. but explaining to all .. maybe it was shear luck of the draw, or maybe the cops are that good.. but head my warning they found very small 2ft clones in3 gal pots.. The officers said if they weren't in pots they would of probably either missed em.. or not bothered pursuing the owners.
oh yeah.. and they said they were using FLIR and may not have had real evidence .. but used that has intimidation to come in.
any questions?
GorillaGrower
Member
this was a noon event jjscorpio I think they would be up anytime its perfect visibility.. I'm just left wondering.. how come I've never seen em before.
I don't want anyone to get the wrong idea. If cops in NY find out you are growing, you are going to get arrested. What they seem to have eased up on is busting people one hundred percent of the time for personal use. I wouldn't suggest smoking in front of a cop to find out. But if you do get arrested for small amounts it's normally a $25 dollar fine the first time.
Just this afternoon I saw the SP chopper flying low up in the hills near my home. They look for fields of pot here and are very offensive about it. There's been more than one time I have been harvesting and have had to hide in the brush because of choppers.
This is the time of year they start looking. Buds are 80 percent water and water holds heat longer than any other substance. Late in the afternoon/early evening is when they look for the plants. The air has cooled down but the buds still hold heat. They show up on flir because they are warmer than the surrouinding air. As other vegetation dies off, it becomes easier to spot the plants by air both by eye and with flir.
Just this afternoon I saw the SP chopper flying low up in the hills near my home. They look for fields of pot here and are very offensive about it. There's been more than one time I have been harvesting and have had to hide in the brush because of choppers.
This is the time of year they start looking. Buds are 80 percent water and water holds heat longer than any other substance. Late in the afternoon/early evening is when they look for the plants. The air has cooled down but the buds still hold heat. They show up on flir because they are warmer than the surrouinding air. As other vegetation dies off, it becomes easier to spot the plants by air both by eye and with flir.
GorillaGrower
Member
I think your right on w/ the smoking -personal possesion.. The way the Mj erad team explained it.. they are looking for commercial ops.. but saw this and had to do something about it.. since they were in pots(looked like human presence)..
its just a true story for all to learn.. when its said not grow near your home... don't.
I just wonder how well they actually find them? ie putting em in the ground in small batches...
or straight spamming corn fields ?
its just a true story for all to learn.. when its said not grow near your home... don't.
I just wonder how well they actually find them? ie putting em in the ground in small batches...
or straight spamming corn fields ?
