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  1. #1
    Join Date
    May 2019
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    2

    Default Caught Growing Marijuana

    My question involves criminal law for the state of: nebraska

    I pulled up two ditchweed plants from property I own and brought them to my house up the street to show my brother from Colorado that the plants grew naturally in Nebraska. I had stuck them in two seperate solo cups. On Friday police came to my house for something unrelated and seen the two plants. They took them and told me they would be tested and that it was a felony charge. I am terrified and have never had a criminal record. I wasnt trying to cultivate or sale however they're trying to tell me I can be charged for that and threatened me with up to 25 years in prison and a 25000 dollar fine. They explained it's a felony and basically the same charge as if I were manufacturing meth. I really honestly dont know what I was thinking, other than the fact that the plant grows naturally here and I didnt see the harm of putting it in a cup. They didnt arrest me and told me they were giving them to the county prosecutors who would "decide how they handle it". Has anyone ever experienced this and if so can you tell me what my expectations are? Im a Mother with children who rely on me...I cant go to jail. I'm so foolish and put myself and my children in such a terrible position I dont think I'll ever forgive myself.😪😓

  2. #2
    Join Date
    Sep 2010
    Posts
    19,280

    Default Re: Caught Growing Marijuana

    You need an attorney If you are indigent, ask for a public defender. NEVER TAKE LEGAL ADVICE FROM THE POLICE (other than the right to remain silent or the suggestion you'll need an attorney). First, off cultivation of two plants IS NOT going to be a felony. It takes twelve or more plants to qualify for the felony cultivation. While you are looking at a criminal record, it's likely to be only a modest ($600 fine and costs). Still, there are significant disadvantages to having this on your record. On the other hand, if they do get you for cultivation, there's a mandatory ONE YEAR term

    Feral marijuana is still marijuana. Your attorney certainly will demand testing to try to show that it doesn't contain substantial THC (many wild strains are actually propagations of industrial hemp which is devoid of the active ingredient).

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Caught Growing Marijuana

    It's worth noting that, although inapplicable here, Nebraska does allow certain authorized, educational uses of industrial hemp. If in fact the plants seized have negligible THC content, as verified by testing in a qualified laboratory, that might help convince a prosecutor to offer a better deal, but except under the industrial hemp exception state law prohibits growing plants that fall within the genus cannabis, without any requirement that the plant tests positive for THC.

  4. #4
    Join Date
    May 2019
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    2

    Default Re: Caught Growing Marijuana

    Quote Quoting flyingron
    View Post
    You need an attorney If you are indigent, ask for a public defender. NEVER TAKE LEGAL ADVICE FROM THE POLICE (other than the right to remain silent or the suggestion you'll need an attorney). First, off cultivation of two plants IS NOT going to be a felony. It takes twelve or more plants to qualify for the felony cultivation. While you are looking at a criminal record, it's likely to be only a modest ($600 fine and costs). Still, there are significant disadvantages to having this on your record. On the other hand, if they do get you for cultivation, there's a mandatory ONE YEAR term

    Feral marijuana is still marijuana. Your attorney certainly will demand testing to try to show that it doesn't contain substantial THC (many wild strains are actually propagations of industrial hemp which is devoid of the active ingredient).
    Quote Quoting Mr. Knowitall
    View Post
    It's worth noting that, although inapplicable here, Nebraska does allow certain authorized, educational uses of industrial hemp. If in fact the plants seized have negligible THC content, as verified by testing in a qualified laboratory, that might help convince a prosecutor to offer a better deal, but except under the industrial hemp exception state law prohibits growing plants that fall within the genus cannabis, without any requirement that the plant tests positive for THC.
    Thank you for your response.

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