There shouldn't be any penalty whatsoever, EVER, weed-related. If you have a HUGE grow-op in your basement, you shouldn't even get a fine. No, not even confiscation. By growing pot you are providing a service to people who wish to use it, whether medically or recreationally. Since the people have every right to toke, somebody has to provide it for them and the government has no right to punish that service or take away a person's trade goods. The government also has no right to regulate it like alcohol and tobacco, since these are deadly poisons and weed is almost totally benign.