How much jail time?

[dgsgandalf]

If i were to get caught growing 7 plants in my closet, how long could/would i be in jail? How about 1 plant? Or 20? Would a scale in the house have any affect on my sentence?

I am 21 years old living in Atlanta, GA. I have no criminal record of any kind.

Thanks!

Peace!

dgsgandalf Reviewed by dgsgandalf on 01-02-2008. How much jail time? If i were to get caught growing 7 plants in my closet, how long could/would i be in jail? How about 1 plant? Or 20? Would a scale in the house have any affect on my sentence? I am 21 years old living in Atlanta, GA. I have no criminal record of any kind. Thanks! Peace! Rating: 5

[Bongoman]

Don't know much about US laws, but I think it would depend very much on if you were supplying or if it was just personal use. A scale would probably be used as evidence of dealing. From what I hear though, your very unlikely to get caught with less than 10 plants unless your stupid and you tell anyone.

[yokinazu]

Incarceration
Fine
Possession
Less than 1 oz (first offense) misdemeanor probation* none
Less than 1 oz (subsequent offense) misdemeanor 1 year $1,000
1 oz or more felony 1 - 10 years variable
Within 1,000 feet of school, or other specifed areas (first offense) felony 20 years $20,000
Within 1,000 feet of school, or other specifed areas (subsequent offense) felony 5 years MMS** $40,000
Use of communication equipment felony 1 - 4 years*** $30,000
*Charge dismissed upon completion of probation.
**Mandatory minimum sentence.
***This sentence runs consecutive to other sentences.
Sale or Cultivation or Trafficking
10 lbs or less felony 1 - 10 years none
10 to 2,000 lbs felony 5 years MMS** $100,000
2,000 to 10,000 lbs felony 7 years MMS** $250,000
10,000 lbs or more felony 15 years MMS** $1,000,000
Use of communication equipment felony 1 - 4 years*** $30,000
Hire, solicit, engage services of a minor felony 5 years MMS** $20,000
**Mandatory minimum sentence.
***This sentence runs consecutive to other sentences.

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Any conviction (first offense) causes minimum 6 months driver's license suspension.^
Any conviction (second offense) causes minimum 1 year driver's license suspension.
Any conviction (third offense) causes minimum 2 years driver's license suspension.
Any conviction may also cause suspension of professional license.
^Reinstated upon completion of a drug use program.
Details

Possession of less than one ounce of marijuana is a misdemeanor and can be punished by up to one year in jail and a fine of up to $1,000. However, upon a first drug conviction the offender may be placed on probation, and upon successful completion the proceedings against him may be discharged. Possession of one ounce or more is a felony and is punishable by 1 - 10 years in prison.

Any cultivation, manufacture or distribution is a felony, punishable by 1 - 10 years in prison.

Any possession, manufacture or distribution of greater than 50 pounds is considered trafficking and all trafficking offenses carry mandatory minimum sentences. For amounts greater than 50 pound but less that 2,000 pounds, the sentence is a minimum of 5 years in prison and a $100,000 fine. For 2,000 pounds to less than 10,000 pounds, the minimum sentence is 7 years in prison and a fine of $250,000. For 10,000 pounds or more, the minimum sentence is 15 years and a $1,000,000 fine.

The use of any communication facility, such as a telephone or radio, during any drug felony may add 1 - 4 years to the sentence and a fine of $30,000.

Distribution or possession within 1,000 feet of any school, park, playground, recreational center or drug free commercial zone is punishable by up to 20 years in prison and a fine of up to $20,000, for the first conviction. A second conviction is punishable by 5 - 40 years in prison and a fine of up to $40,000.

Upon a first conviction of a drug offense, the offender's driver's license is suspended for at least six months and will be reinstated only upon completion of a drug use program. For a second conviction the suspension will be at least one year and for a third conviction the suspension will be at least two years.

Professional licenses can also be suspended upon a drug conviction.


Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

Drugged driving: This state has a zero tolerance per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids. For more information, see NORML's Drugged Driving (DUID) report.

Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties

[Mississippi Steve]

It doesn't matter unless you blab that your growing. If only one person knows something, its a secret..... if 2 know, its not secret anymore.

[dgsgandalf]

Thanks for the info. Does anyone have any first hand experience getting caught growing in the US?

[WeedyBoyWonder]

Any cultivation, manufacture or distribution is a felony, punishable by 1 - 10 years in prison.

That's very heavy, no option out if you're busted it would seem.

[dgsgandalf]

Ok, thanks man

[SFGurrilla]

Did you tell someone?

[dgsgandalf]

The only person who knew was one of my best friends, and the only reason he knew was because i was going out of town for a week and needed someone to water and take care of the plants. Unfortunately, he's basically an alcoholic, got drunk one night, and started shooting his mouth off about these plants that he's taking care of... And you can probably guess the rest of the story. I was royally pissed, but at least i'll know for next time.

Any suggestions for how to take care of the plants if i have to go out of town for a week?

[geoluv]

get huge plastic tubs, put the plants in the tubs, fill the tubs with a few inches of water. this will keep them hydrated for at least a week if you are growing them in large enough pots, preferably 2 - 5 gallons. the tubs will run out of water after about 4 days, the large pots will retain moisture for another half a week. its not the best way to water plants because it can induce root rot, attracts flies, and doesnâ??t hydrate the top roots very well, but it works great for a 7 day vacation.

The more water you put in the bottom on the tube and the bigger the grow pots are the longer they can go. less water and smaller containers equal less time, less than a week id say even. You have to be careful not to put too much water in the bottom of the tub or youâ??ll rot your roots. Take into account your light system and humidity and airflow. Maybe test it once before you go so you donâ??t mess them up.

although its crude and less desirable than a proper hydro system it is actually considered to be a type of hydro system, a "passive" hydro system. so the plus side is you can say your bud is hydroponic and technically be correct.