Marijuana.com

Buzzby

Great advice, chadwick! In California, cultivation of cannabis plants in any quantity is a felony carrying a 16 to 36 month stay in a state prison.

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jc72

I took some more pictures just now, I am going to start a thread at the garden's cure and will post a link in this thread so if you are interested you can go over there and check it out.

chadwick

yes it is illegal but the cops dont care as much as the law makers, my neighbor had the cops called on him for a couple plants in his backyard, one of the other neighbors called, and they came over pulled it like a common weed and gave him a warning, one plant would not get you in trouble, if you have a lot of land you could easily get away with a small outdoor crop of at most 10

SpiralArchitect

Yeah, I really doubt they would prosecute you for having 1 feral hemp plant in your backyard. In the grass or in a bucket. Shit, it grows everywhere. They would just kill the plant and maybe give you a warning at most. All you need to say is you had no idea it was marijuana, you just thought it was a nice bush plant to add to your yard.

Unless someone has some links to show people being prosecuted for feral hemp in their backyards, I'd consider it laughable and very unlikely being prosecuted for such a crime.

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troublemaker_42

Thats dependant on the luck of the draw. Cops have some descretion in whether they choose to arrest or not., Just because that cop was "420 friendly" doesn't mean all will be. Following your advice could potentially cost someone 3 years of their lives they will never get back. One example doesn't serve as "proof" the law isn't enforced. Its proof one cop didn't feel like doing the paperwork for something he could resolve, in his eyes, much more quickly just by uprooting the plant. Same call could lead to a potential arrest if another officer answered the call. Just because one cop did something one time, it hardly means thats standard operating procedure. Don't assume just because one cop did what you described once that an identical situation would end in he same fashion. Argue all you want, but yes, a SINGLE plant is enough for felony charges in many states, INCLUDING California. Passing along info like "Go for it, you won't get in trouble because....." is poor form. THE LAW, whether you agree or not, says you can be arrested and charged with a felony for cultivation. Your advice could very well lead to jail or prison time. next time, rely on FACTS and THE LAW rather than on anecdotal evidence. What happened once is hardly proof that this is standard procedure.

And Spiral, while feral hemp is rarely if ever prosecuted, if you had it potted and were taking care of it, you'd be guilty of cultivation. Believe me, I'm sure the "I didn't know what it was" excuse has been tried once or twice I don't think Chadwick was referring to "hemp" anyway, from the context of his post.. While the laws may be a bit relaxed in AK and CA, that doesn't mean the law doesn't exist or that people won't be prosecuted to flagrant violations of the law. I can gurantee you if I had a POTTED hemp plant here in SD, I'd be going to jail if it were found. You're not guilty of cultivation if its growing wild, but the second the plant looks tended to and cared for, in the law's eyes, its no longer "feral hemp" and is seen as marijuana cultivation by the police. Its not feral if you are taking care of it, so of course I can't show you a prosecution for growing ferla hemp in buckets....in the eyes of the law, that wouldn't be feral, so how coul;d I? It'd be nice if we lived in a world where "I didn't know" would absolve us of any penalties for growing the plant we all know and love, but in the real world, its not nearly so easy to walk away from cultivation charges

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Hashishi

Just out of interest, why is this in the Glossary of Terms section?

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chadwick

as for this thread i meant feral hemp, but the plants that were pulled from the ground were purple kush so not exactly hemp but same general plant, and yes i know that it can be handled differently by different cops but to this day i have not heard of a single person being given even a ticket for MJ possession, except for a kid at our school but driving up from Mexico with 35 pounds was probably a bad idea, my friends have had many encounters with the police, i have yet to have one, and every time the cop lets them off, the most recent time he poured the weed on the ground and handed them the bag and pipe back and left, another time he just confiscated the blunt, the time before that he didnt even take it, that is why i said that in many cases the cops will turn a blind eye, especially to a feral hemp plant or even a few

SpiralArchitect

I'd like to see some documentation of someone being successfully prosecuted for potting a single feral hemp plant before I believe it is a likely occurrence. It's likely it has happened before, but how often?

It's not that I am disagreeing with you, they could prosecute you if they pleased -- but I just think they have more to worry about than petty things like this, like fighting real crime. I think any LEO who arrests someone who is completely innocent, other than 1 feral hemp plant in a pot, brings him to the station, and attempts to prosecute him would be laughed at by his superiors. Maybe some might go through with it, but I assume his boss would ask "is this a good allocation of resources and time?" His and my answer would be assuredly be 'no'. It's like trying to prosecute someone to the extent of the law for casual jaywalking.

troublemaker_42

I don't know how to explain it any better. Its not feral, or wild, if you are cultivating it Therefore, all this talk of potting a "feral hemp plant" is irrelevant, because in the eyes of the law, its no longer a feral plant if you are caring for it. Of course I can't show you prosecutions for something, that in the eyes f the law doesn't exist. Legally, theres no such thing as a potted feral plant...its a complete contridiction in terms.

And Chadwick, while feral hemp and Purple Kush are distantly related, they aren't really the "same general plant". The law would handle a patch of wild hemp MUCH differently than they would someone growing smokable weed. However, once that wild or feral hemp LOOKS like its being grown intentionally, cared for, watered, etc....then, in the eyes oof the law, that plant is marijuana.

SpiralArchitect

I realize if you tend to a plant it is no longer feral, I realize it is technically contradictory but if you want to talk semantics, thats cool, I can do that. I still made a valid point, which you seemed to have conveniently ignored....



I think even the dumbest LEO realizes feral hemp isn't smokeable weed. You'd have to be a friggin' moron to think so....

And feral hemp, is marijuana. The federal gov't 'sees' no difference between any form of cannabis, be it feral cannabis, industrial hemp or medical marijuana. Semantics