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Friendly Legal Advice

BillyBonnie

New Member
This is a long post. I posted this on MarijuanaPassion.com, and would like to post it here as well.

My sister and her husband are both (excellent) defense lawyers, and have experience defending clients being prosecuted for marijuana possession, growing, and trafficking. They both also enjoy the herb themselves occasionally, and sometimes browse this forum.


There are many thorough posts on every marijuana web site regarding how to minimize getting busted for growing. You’ve all read them. They all emphasize the following (and more):

1.Don’t tell ANYONE about your grow room.
2.Don’t tell ANYONE about your grow room.
3.Don’t tell ANYONE about your grow room.
4.Eliminate plant odor.
5.Eliminate light leakages that look suspicious.
6.Don’t steal electricity by bypassing the power meter box.
7.Dispose of your hydroponics delivery boxes discretely.
8.Use reliable wiring, and don’t exceed circuit amperage that might cause a fire while you’re away.
9.Don’t EVER consent to a police search of your house or car.
10.And did I mention to never tell ANYONE about your grow room?

And so on, and so on.

But I NEVER see any posts regarding the “risk management” of getting busted for growing. Specifically, what is your plan to limit the damage if you ever get busted for growing? To quote a dumb-sounding adage, “If you fail to plan, then you plan to fail”.

Well, based upon many discussions with my afore-mentioned lawyer relatives, I would like to give their advice on this matter.

Firstly, if your grow activities are completely legal, then congratulations. I wish I was as lucky. This post may not interest you.

Secondly, if you grow to sell ILLegally, then my sister’s advice is to go ahead and buy an orange jump suit and get used to wearing it, because you’ll eventually be wearing one in prison. Someone you sell to will eventually get busted, and they’ll give you up as their supplier to lessen their punishment.

The remainder of this post is for people who do not grow to sell illegally. Rather, it’s for those who grow for themselves and maybe a significant other as well.

I see so many posts from new growers who want to “harvest a pound every two months”. Or who want to build 40-site cloners. Or who want to build a 5’ x 10’ grow room. My question is “why?”.

If you ever get busted for growing, you want your grow operation to SCREAM “personal grow; not for selling”. You want to have just a few plants, with a grow operation that couldn’t support enough plants (in any phase of the grow) to suggest that you could sell and make a significant profit, even if you weren’t planning to do so.

Be advised, the prosecutor will look for ANY reason to nail you to the wall as a trafficker. These reasons include:


1.Having more plants than you need to supply you and your significant other. While this specific number is certainly subject to interpretation, you’ll NEVER be able to justify 25 living clones as a “personal grow”. Not in a million years. Most states significantly increase prison time based upon having 10 plants or more. This is because they know that 10 plants can easily produce enough marijuana for a seller to make a significant profit. SOG growers, beware. SCROG growers rule here, if they keep the number of plants down.

2.Having an obvious capacity to significantly exceed the amount needed to supply you and your significant other (even if you have only a few plants). 40-site cloners, several grow cabinets (even if some are empty), a 5’ x 10’ grow room, etc. Again, this is subject to interpretation, but the smaller your grow capacity appears, the better.

3.Having any type of food-weighing scales in your house. Yes, the police will seize your digital or analog food-weighing scales to show the jury as evidence that you were growing to sell. Even if you weren’t. Get rid of all food-weighing scales ASAP.

Maybe the best advice anyone could ever give you is this: Don’t EVER consent to a search, and don’t answer any questions from the police. Keep your mouth shut. You can’t talk yourself out of anything. Talking to police can only do harm; never good. Keep your mouth shut and request a lawyer.

By the way, let me ask you this: What lawyer would you call if you were busted for growing? It would be advantageous for you to NOW discretely determine which lawyer in your area has experience in defending people arrested for growing marijuana. “Any old lawyer” WON’T do. Even if he or she is the best murder defense lawyer in the world. You need a lawyer with EXPERIENCE in defending people accused of marijuana growing. NORML lists such lawyers for every state.

Hopefully, none of us will ever have to exercise damage control as the result of being busted for growing. But better to be prepared, than to wear that orange jump suit for years.
 

born2killspam

Well-Known Member
Fenerally good advice, but there have also been cases where ppl went down for trafficking because they owned common sandwich bags, or police saw an oscilating fan in the living room and decided that was probable cause to bust in..That though is just unfortunate crap that you may need to fight...If you do intend to sell though, you will want to tell one person about your grow... It has to be a very trustworthy and intelligent person who you can be sure won't cross any really dumb lines... Reason being you need to isolate the production and selling as best you can.. If the isolation is good, and the seller sticks to fairly select low-risk smokers, then the threat is greatly reduced.. On that note it's also wise to vary your strains since those users are more likely to suspect that your seller is closer to the grow op if the product is always the same... Furthermore there are two types of weed that get widely talked about by users...Really good weed, and really cheap weed.. Just something to keep in mind if you want to sit quietly in the shadows..
 

Jack Harer

Well-Known Member
Anyone who grows for profit (i know you're out there) is an idiot if he doesnt have both a bondsmsn aND an attotrney on retainer
 

born2killspam

Well-Known Member
Same could be said for anybody who grows period considering how easy it is for police to tack on intent to traffic, and plant# regulations in alot of places..
 

ink the world

Well-Known Member
Anyone who grows for profit (i know you're out there) is an idiot if he doesnt have both a bondsmsn aND an attotrney on retainer
Yep, I'm in a medical state luckily. Registered patient and caregiver, caregiving is my only source of income.

Hired an attorney that specializes in MMJ with tons of experience in law and was a high ranking LEO for quite some time. Cost a lot, but I'm set up as a legitimate business, declaring income paying taxes, state licensing fees and all the other expenses. It's worth every penny.

My wife and I both have his business card on us at all times. We also have one stuck into the frame of our front door in case they ever come knocking on the door. No warrant? Call my attorney with any questions :)
 

Mindmelted

Well-Known Member
Yep, I'm in a medical state luckily. Registered patient and caregiver, caregiving is my only source of income.

Hired an attorney that specializes in MMJ with tons of experience in law and was a high ranking LEO for quite some time. Cost a lot, but I'm set up as a legitimate business, declaring income paying taxes, state licensing fees and all the other expenses. It's worth every penny.

My wife and I both have his business card on us at all times. We also have one stuck into the frame of our front door in case they ever come knocking on the door. No warrant? Call my attorney with any questions :)




I thought you had a tat shop?
 

ink the world

Well-Known Member
Sold that business my friend. My back can't handle being hunched over all day. I tried for a while but my back wasn't having it, time to move on. I'm lucky in the fact I've been able to support my family doing what I love for years and now still love my new career.

Gotta say I like being around the house and having time to spend with the kids. I dont miss working all the late nights
 
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