DiamondJim420
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- Feb 23, 2012
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This is a long post.
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.
4. Having “plastic baggies” in your house. Yes, I know this seems petty (and it is), but the police will seize all empty plastic baggies in your house to show the jury as evidence that you were growing to sell. Even if you weren’t. Get rid of all “plastic baggies” 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.
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.
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.
4. Having “plastic baggies” in your house. Yes, I know this seems petty (and it is), but the police will seize all empty plastic baggies in your house to show the jury as evidence that you were growing to sell. Even if you weren’t. Get rid of all “plastic baggies” 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.
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.
