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FrostyBong

I know that the punishment depends on how many plants you are growing but does US law distinguish between personal and commercial grows or is that up to a judge to decide? See if you have a personal grow and have just harvested you would have a lot of marijuana which more than likely under your states law qualify you for intent to distribute which seems like that would make it a commercial grow

 

Ilúvatar

I completely sure but I know there is a possession with intent to sell, so there is probably a growing with intent to sell.

Its probably hard to decipher, cause its usually your word verses there word, but if you have something like 100 plants there probably not going to believe you when you say its all for your self.

Niteshift?

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Niteshift

It's sort of a vague question.

Things like number of plants, availability and proximity of packaging materials, history of sale etc. would all play into it.

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kriptonchronic

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See what the laws are in your state,

in mine it goes by pounds, "Cultivation, delivery or sale of less than 50 pounds of marijuana is punishable by up to two years in prison and a fine of up to $5,000. For 50 pounds or more, the penalty increases to a mandatory minimum of one year in prison and a possible range of 2.5 - 15 years in prison and a fine of $500 - $10,000. For cultivation or sale of 100 pounds or more the mandatory minimum sentence is three years and up to 15 years in prison, along with a fine of $2,500 - $25,000. For 2,000 pounds or more, the penalties increase to a mandatory minimum 5-year sentence up to 15 years in prison and a fine of $5,000 - $50,000. For any amount of 10,000 pounds or more, the mandatory minimum sentence is 10 years with up to 15 years in prison possible and a fine of $20,000 - $200,000." -NORML/MA State laws

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Niteshift

Those are all well and good as a starting point, but they don't answer whether or not you'll be charged with intent to distribute (commercial grow).

 

Ilúvatar

can you even begin to argue that your 10,000 pounds of pot if for your own personal use?

also, would it be considered distribution if you basicly give away pot to your friends? and again you would probably only know your states rules on this, but i'd like to know.

Niteshift

No, you probably couldn't get anyone to believe that 10,000 pounds (do you even realize how much that is?) is for personal use.

But look at the first category....... less than 50 pounds. That means cultivation of 1 plant or possession of 50 pounds. There is a BIG difference in there, but both have the same penalty.

Yes, distribution can be giving it away.

Larmer

Just to clarify that, many states treat that as possession rather than distribution, which can mean a helluva difference if you're on the receiving end of that charge...

As for 10 000 pounds+, you're biggest worry isn't going to be your legal defense; it'll be how you're going to explain getting caught to the person you were delivering it for....

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rizla_king

Wouldn't a personal grow be considered cultivation (of a controlled substance), while a commercial grow would be called manufacture (of a controlled substance)?

Niteshift

Short answer : No.

Cultivation is illegal. Period. (in places it is illegal to possess). Cultivation is simply the term used for growing, which is the natures equivelent to manufacturing............ see where this is going?

Distributing is just that.....giving it to other people, where out of the goodness of your heart or for monetary gain.