Specifics on Laws

[bpt420]

Been looking through the NORML laws and something doesn't seem right. By that I mean it doesn't make sense to me. For example, New Jersey says that cultivation of one ounce or less is a felony with 18 months jail possible. Then I look at a state like Massachusetts (which I guess is decriminalized?), first time cultivation (or first time sale) of 50 pounds or less is a misdemeanor with two years possible. How can that be right? A person caught selling an 8th to their buddy faces the punishment as someone caught selling 50 pounds? Same with cultivation, guy gets busted growing one planet for himself faces same penalty as someone with a house full of plants?

Is there a site with more details on the law or details specific cases of punishment?

 

[Clackamas Coot]

Possession is established at the state level - unless there's enough activity/quantity for the federal agents to get involved.

What is that you find confusing?

CC

 

[bpt420]

This isn't a state versus federal thing.

In the examples I gave, NJ penalties are broken down by amounts. One ounce or less, one ounce to five pounds, 5 to 25 pounds (or 10 to 50 plants), etc. Whereas MA says that first time sale/cultivation is the same penalty for anything less than 50 pounds. That is what doesn't seem right, there is a huge difference between selling an 8th and selling 50 pounds, how can they have the same punishment? The website also doesn't mention sale/cultivation of less than 50 pounds for repeat offenses.

I am asking for clarification on the law or links to anywhere that contains more specific information as my Googling hasn't turned up what I am looking for.

 

[VT_Fire]

that's dope that you can get busted with up to 50 LBS in mass and its still a misdemeanor if it's your first offense....thats gangsta

 

[bpt420]

that's dope that you can get busted with up to 50 LBS in mass and its still a misdemeanor if it's your first offense....thats gangsta

That's the thing, I think NORML is wrong. Where I live is similar to MA in that according to the NORML laws, you can be caught with a wide ranging amount of product/plants and receive the same punishment. I think this is wrong because I read about some high school or college student who got intent to distribute (which the article mentioned was a felony) and I highly doubt a young kid this age was working with anywhere near that amount of product.

 

[geopolitical]

Are you getting busted by the feds or by the locals and are the locals going to call the feds in on you instead of prosecuting you themselves is probably the question you're looking for.

What's the cutoff for it being a federal case then? (not stateside, no clue on amounts).

 

[Clackamas Coot]

geopolitical

From what I understand, if you're over 100 plants the feds will probably get involved.

That's again, from what I understand. Don't bank on that.

CC

 

[bpt420]

... probably the question you're looking for.

Thanks for the reply, but that's not it.

I don't believe that up to 50 pounds has the same punishment, just doesn't seem right. I am trying to find out what the penalties are for an ounce or less is, an ounce to one pound, one pound to 10 pounds, etc. on a state level. Again look at NORML, NJ does this, MA does not. NH does this, Oklahoma doesn't and is like MA.

 

[ureapwhatusow]

NORML is not necessarily accurate check your states web site for precise law & code

 

[thekingofNY]

NORML is not necessarily accurate check your states web site for precise law & code

exactly... for more information, regarding the OP's original quote.

In early 2009 MA went from small amounts being a crime to not, when they made the change on the norml website, they didnt edit it correctly and it moved down the word misdeamenor from the column above it. I hope that makes sense, if you dont understand forms it might not.... i'm toasted.

Its still a felony to grow mj in MA, also, note the school zone part with a 2 year mandatory minimum, that doesnt matter if you have 1 or 40 plants, its all the same charge. They also include accredited day cares as school zones.

 

[bpt420]

states web site for precise law & code

That helped but didn't have everything I was looking for. I'm going to dig through some news articles and see what I can find out.

Thanks for the replies.

 

[Muleskinner]

You're never going to be able to figure everything out from the NORML website. Many states have all sorts of laws with different punishments, but the actual prosecutorial and sentencing practices may differ by a lot.

For instance, here in Mass. the standard policy for small MJ offenses - yes, I mean distribution and cultivation - is usually "continued without a finding" and probation. If you're not violent or armed with a gun they will usually give probation for the first 3 selling offenses! I'm not talking 18-wheelers of weed from Canada, more like small scale growing and/or selling.

There's no way you'd know this from the laws. You have to talk to a NORML attorney, or better yet a judge. They don't necessarily want everyone to know what they're doing in the courts

I would give a call to one of the NORML lawyers in your state. I think you'll find them very knowledgeable, you can see a list on the NORML website.

 

[jerrypike]

The posted laws on Norml's website are correct. I have checked with several lawyers on the subject.. 50 lbs or less you will pretty much never see any jail time just hefty fines n' taxes dependant on the amount involved

 

[jerrypike]

scratch that last statement, talked to another NORML lawyer who told me otherwise. Even though the law for MASS is a misdeamenor for 50 lbs or less selling or cultivating, he said there is always the chance the fed. govt. will step in and then you will be in trouble. Also tax evasion and money laundering might be an issue if you are selling what you grow,
so be safe and watch your plant counts all you massholes!