How many plants can you grow before you are not considered a Home Grower?

[Nullific]

Here are the most recent federal laws:
http://www.usdoj.gov/dea/agency/penalties.htm
Which say 10 years for a second offense, 5 years first offense.

I was under the impression that if you were growing less than 100 plants you were prosecuted under state law, more than 99 plants federal. I may be wrong, there was a thread on OG on the subject.