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Cannabis cultivation

  • 09-11-2010 10:41am
    #1
    Registered Users, Registered Users 2 Posts: 62 ✭✭Mick0


    What if a person was to get busted for growing 47 cannabis plants in their attic (hypothetically speaking) what sort of penalty would they be looking at?


Comments

  • Registered Users, Registered Users 2 Posts: 3,375 ✭✭✭kmick


    That person could get up to 10 years.

    ...He has also been charged under Section 15A of the Misuse of Drugs Act for possessing cocaine worth over €13,000 for sale or supply, which on conviction can carry a minimum mandatory minimum sentence of 10 years.
    http://www.breakingnews.ie/ireland/mhojkfqlqlau/rss2/

    I would imagine that many plants could have a a value of 100k which would put one firmly in the 10 year category.


  • Closed Accounts Posts: 203 ✭✭citizenerased1


    Mick0 wrote: »
    (hypothetically speaking)


    :pac:


  • Registered Users, Registered Users 2 Posts: 62 ✭✭Mick0


    kmick wrote: »
    That person could get up to 10 years.

    ...He has also been charged under Section 15A of the Misuse of Drugs Act for possessing cocaine worth over €13,000 for sale or supply, which on conviction can carry a minimum mandatory minimum sentence of 10 years.
    http://www.breakingnews.ie/ireland/mhojkfqlqlau/rss2/

    I would imagine that many plants could have a a value of 100k which would put one firmly in the 10 year category.

    i read the piece but we're not talking cocaine.. I suppose it would depend on what section of the misuse of drugs act one was to be charged under.

    Any similar cases been highlighted recently?


  • Registered Users, Registered Users 2 Posts: 21,434 ✭✭✭✭Ash.J.Williams


    Mick0 wrote: »
    i read the piece but we're not talking cocaine.. I suppose it would depend on what section of the misuse of drugs act one was to be charged under.

    Any similar cases been highlighted recently?

    I did see a guy get off a prison sentence, because the the judge was convinced he wasn't dealing and it was all personal use....but 47 plants not a chance....straight to Jail..


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  • Closed Accounts Posts: 4,725 ✭✭✭charlemont


    You will be treated more harshly in an Irish court for growing your own weed than being in possession of a poisonous filth drug like heroin.:mad::mad::mad::mad:


  • Registered Users, Registered Users 2 Posts: 21,434 ✭✭✭✭Ash.J.Williams


    It also depends on the technology you are caught with. You could have 47 plants, but also have the technology turn that over every couple of weeks. Which would make you a decent dealer.


  • Registered Users, Registered Users 2 Posts: 62 ✭✭Mick0




  • Registered Users, Registered Users 2 Posts: 28,696 ✭✭✭✭drunkmonkey


    Mick0 wrote: »
    yeah the variation in sentencing is huge.

    The prices are off the wall as well, imagine asking 8k for 40 potato plants.

    It's a plant that anyone can grow it shouldn't be above the price of gold, food, water or medicine.


  • Registered Users, Registered Users 2 Posts: 21,434 ✭✭✭✭Ash.J.Williams


    The prices are off the wall as well, imagine asking 8k for 40 potato plants.

    It's a plant that anyone can grow it shouldn't be above the price of gold, food, water or medicine.
    weed is a high value product though..there's ounces of weed going for €350 (at least) out there ....


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  • Closed Accounts Posts: 5,451 ✭✭✭Delancey


    Anyone charged with cultivating 47 weed plants should pack their toothbrush when going to court.


  • Registered Users, Registered Users 2 Posts: 28,696 ✭✭✭✭drunkmonkey


    delancey42 wrote: »
    Anyone charged with cultivating 47 weed plants should pack their toothbrush when going to court.

    MickO said growing 47 plants, he didn't say cultivating(sale or supply), are they not 2 different things?


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    MickO said growing 47 plants, he didn't say cultivating(sale or supply), are they not 2 different things?

    The quantity involved would make it for sale and supply.


  • Registered Users, Registered Users 2 Posts: 21,434 ✭✭✭✭Ash.J.Williams


    k_mac wrote: »
    The quantity involved would make it for sale and supply.
    Yeah a passion for botany would not get you off a 47 plant charge!


  • Registered Users, Registered Users 2 Posts: 28,696 ✭✭✭✭drunkmonkey


    Yeah a passion for botany would not get you off a 47 plant charge!

    Yea 47's a little on the high side:)

    According to Wiki, Cannabis is legal in Ireland since 2006 http://en.wikipedia.org/wiki/Legality_of_cannabis#Ireland

    I'm off to After Hours :)


  • Registered Users, Registered Users 2 Posts: 444 ✭✭detective


    As with any crime in relation to sentencing a lot would depend on
    1) Admissions when arrested - yes/no
    2) Early plea - guilty/not guilty
    3) Previous convictions - how many
    4) Previous similar convictions - any priors for drugs
    5) the Judge

    If someone was caught with 47 plants though its hard to see them not being under pressure.


  • Closed Accounts Posts: 5,451 ✭✭✭Delancey


    MickO said growing 47 plants, he didn't say cultivating(sale or supply), are they not 2 different things?

    Growing vs. Cultivating , hmmm a novel defence I daresay but common sense dictates it's a nonsense , unless someone here more learned than I disagrees........?


  • Registered Users, Registered Users 2 Posts: 28,696 ✭✭✭✭drunkmonkey


    delancey42 wrote: »
    Growing vs. Cultivating , hmmm a novel defence I daresay but common sense dictates it's a nonsense

    Since when have the law and common sense anything in common. If common sense was involved it wouldn't be illegal in the first place.

    If I grow a rose plant and don't do anything with it, then it's a thing of nothing, If I grow a rose plant and start selling flowers i'm then into sale and distribution and liable to pay tax on profits.

    Big difference between cultivating and growing.


  • Registered Users, Registered Users 2 Posts: 21,434 ✭✭✭✭Ash.J.Williams


    I've said this here before, but making "growing and sharing" legal would be such a wonderful thing ...


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