Expert Advice When You Need It Most

Pot

What would the punishment be if someone was discovered to have a few pot plants growing in their garage? Does the punishment change depending on how much you have or whether you are selling it?

Save

Attorney answers (3)

Reputation Level 5
The punishment would depend on how much marijuana was allegedly possessed and if you have any prior record. Marijuana is a Schedule 1 controlled substance. Knowing possession of forty grams or less of marihuana is a misdemeanor. But if you manufacture(i.e. GROW IT!), deliver, or possess marijuana with intent to manufacture or deliver marijuana, it is a Class C felony. If it is possessed for commercial purposes, and the amount possessed is five or more plants or one pound or more of marijuana, and a substantial nexus exists between the possession of marijuana and the real property then real property can be confiscated.
Don't forget that Washington Law has provisions for citizens with certain medical disabilities to possess a 60-day supply of pot LEGALLY with a Doctor's authorization.
3 people marked this answer as good

Reputation Level 8
While Mr. Clark's answer is correct, there is one important thing to note; it does not matter under the statute whether one intends to "sell" the pot or not, merely that one intends to "deliver" it. So, if you're turning your friends on for free and not taking any money in exchange, the criminal charge remains the same, although the civil forfeiture penalties described by Mr. Clark would kick in if there is evidence that it is a commercial operation.
3 people marked this answer as good

Avvo Pro

Reputation Level 19
Yes, both of those are factors regarding the punishment.
3 people marked this answer as good
Nicholas Chukwuemeka Okorocha
Nicholas Chukwuemeka Okorocha, licensed in California

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now