Maryland Marijuana Cultivation Law Clarification

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Maryland Marijuana Cultivation Law Clarification

The law in MD for any Cultivation charge involving 50 pounds or more is a MMS 5 year prison sentence. I’d like to know how they calculate the weight of the plants.I know they are weighed wet, but have also researched a bit and found that you can have your lawyer demand they get re-weighed dry, which would obviously substantially lower the weight, is this true?I’ve also read that Federal Sentencing Guidelines state that one marijuana plant equates to 100 grams, does Maryland have to follow suit with this guideline?

Asked on May 25, 2009 under Criminal Law, Maryland

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I very much doubt that the Federal Sentencing Guidelines have much to do with how a Maryland court would determine the weight of marijuana seized, even assuming that what you have read is correct.  The whole point of having a set "weight" of 100 grams per plant is to avoid having to weigh the plants in the first place.

If you are looking at charges that depend on details like this, for over or under 50 pounds of marijuana, you are in serious trouble either way.  You need to have an experienced criminal defense attorney;  if you are not willing to trust his or her judgment or advice, if you have one, you need to change lawyers and you need to do that quickly.  One place you can look for counsel is our website, http://attorneypages.com


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