Posted on

can you go to jail for weed seeds

Cultivation of Cannabis

Cultivation is the tending of plants, i.e. watering, feeding, nurturing etc.

It is unlawful to cultivate any part of a cannabis plant. It is not an offence to supply or possess cannabis seeds, but any action which germinates or cultivates them is an offence.

A person can only be charged with cultivation or production, not both offences together.

The reason that an individual would be charged with production instead of cultivation is because production is classed as a ‘trafficking’ offence, which allows the authorities to order a POCA (Proceeds of Crime Act) hearing.

POCA provides the courts with scope to confiscate the proceeds of a crime where a defendant is shown to have benefited from their criminal conduct.

Penalties available for cultivation of cannabis

The severity of the penalty applied in relation to cultivation of cannabis will depend on the individual circumstances of the case. The prosecution consider the size of the operation, the individual’s role in said operation & certain mitigating factors. The Sentencing Guidelines for Drug Offences outlines the range of sentences available for cultivation of cannabis cases:

Offence Range: Discharge – 10 years’ imprisonment.

Maximum: 14 years’ imprisonment and/or unlimited fine.

There is more information on this issue in sentencing for drug offences.

If you have been arrested or charged for a drugs offence call or email Release for free and confidential advice.

Washington Laws and Penalties

Marijuana is a Schedule I hallucinogenic substance under the Washington Uniform Controlled Substances Act.

  • Washington Rev. Code §69.50.204 Web Search
Possession for Personal Use

The adult possession, in private, of up to one ounce of cannabis for personal use (as well as the possession of up to 16 ounces of marijuana-infused product in solid form, and 72 ounces of marijuana-infused product in liquid form) is not subject to criminal or civil penalty. The public consumption of marijuana is subject to a civil violation and fine. Any consumption of cannabis while one is in a moving vehicle is defined as a traffic infraction. Traffic safety laws further require that the possession of cannabis in a moving vehicle must be located in a sealed container in either the trunk, glove compartment, or some other area that is inaccessible to the driver or passengers.

Possession of one ounce to 40 grams is a misdemeanor, punishable by a mandatory minimum of 24 hours and maximum of 90 days in jail. A mandatory fine of $250 is imposed for the first offense, and a mandatory fine of $500 is imposed for the second or subsequent violations. This is in addition to a possible fine up to $1,000. The imprisonment will not be suspended or deferred unless it is determined that it “will pose a substantial risk to the defendant’s physical or mental well-being or that local jail facilities are in an overcrowded condition.” The mandatory fine may not be suspended or deferred unless the defendant is found to be indigent.

Possession of more than 40 grams is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. An additional mandatory $1,000 fine applies to first time offenses and a $2,000 fine to second or subsequent offenses.

  • Washington Rev. Code §9A.20.021 Web Search
  • Washington Rev. Code §69.50.4014 Web Search
  • Washington Rev. Code §69.50.4013 Web Search
  • Washington Rev. Code §69.50.425 Web Search
  • Washington Rev. Code §69.50.430 Web Search
Possession with Intent to Distribute

Possession with intent to distribute any amount of marijuana is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. There is an additional mandatory fine of $1,000 for the first offense and $2,000 for a second or subsequent offense.

  • Washington Rev. Code §9A.20.021 Web Search
  • Washington Rev. Code §69.50.401 Web Search
  • Washington Rev. Code §69.50.430 Web Search
Sale or Distribution

Retail sales of cannabis by state-licensed entities to those over the age of 21 are regulated in this state. Marijuana sales by unlicensed entities remain subject to criminal penalties.

Sale or distribution of any amount of marijuana is a C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. An additional mandatory fine of $1,000 applies to first offenses and $2,000 fine to second or subsequent offenses.

  • Washington Rev. Code §9A.20.021 Web Search
  • Washington Rev. Code §69.50.401 Web Search
  • Washington Rev. Code §69.50.430 Web Search

Distribution by a person aged 18 years or older to a person less than 18 years who is 3 years the distributor’s junior is a class B felony punishable by an imprisonment term double that for sale (10 years total) and/or a fine of up to $10,000.

  • Washington Rev. Code §69.50.406(2) Web Search
Cultivation

Cultivation for either personal use or distribution is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. An additional mandatory fine of $1,000 applies to first offenses and $2,000 to second or subsequent offenses.

  • Washington Rev. Code §9A.20.021 Web Search
  • Washington Rev. Code §69.50.401 Web Search
  • Washington Rev. Code §69.50.430 Web Search
Hash & Concentrates

Washington’s definition of marijuana includes “all parts of the plant Cannabis,” including “the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.” Under this definition hashish or concentrates, which are compounds made from the resin of the plant, would be considered marijuana.

  • Washington Rev. Code §69.50.101(q) Web Search

Possession of 16 ounces of marijuana-infused product in solid form; 72 ounces of marijuana-infused product in liquid form; or 7 grams of marijuana concentrate is not subject to criminal or civil penalty.

Possession of more than 40 grams of hashish or concentrates is a class C felony punishable by a term of imprisonment no greater than 5 years and/or a fine no greater than $10,000.

  • Washington Rev. Code §69.50.4014 Web Search
  • Washington Rev. Code §69.50.425 Web Search
  • Washington Rev. Code §69.50.4013 Web Search
  • Washington Rev. Code §9A.20.021(1)(c) Web Search

Manufacture, delivery or possession with intent to manufacture or deliver, hashish or concentrates is a class C felony punishable by a term of imprisonment no greater than 5 years and/or a fine no greater than $10,000.

  • Washington Rev. Code §69.50.401(c) Web Search
  • Washington Rev. Code §9A.20.021(1)(c) Web Search

Selling hashish or concentrates is a crime punishable by a term of imprisonment no greater than 5 years and a fine no greater than twice the value of the hashish or concentrates. Subsequent offenses for selling hashish or concentrates is a crime punishable by a mandatory term of imprisonment for 5 years and a fine no greater than twice the value of the hashish or concentrates.

  • Washington Rev. Code §69.50.410 Web Search

Hashish and concentrates can be used medically in Washington since hashish and concentrates are considered a marijuana product.

  • Washington Rev. Code §69.51A.040 Web Search

Selling, manufacturing, transferring, or possessing with intent to manufacture, sell, or transport hashish or concentrates within designated areas is a crime punishable by a term of imprisonment no greater than 10 years and/or a fine no greater than $20,000 or four times the value of the hashish or concentrates. There is an affirmative defense available allowing the accused to prove that the offense was entirely within a private residence. The designated areas are:

  • within schools;
  • within 1,000 feet of school grounds
  • within school buses;
  • within 1000 feet of a school bus stop;
  • within public parks;
  • within public housing projects designated drug free zones;
  • within -public transit vehicles
  • at a public transit stop center;
  • within civic centers designated drug free zones;
  • within 1,000ft of any civic center designated a drug free zone.
  • Washington Rev. Code §69.50.435 Web Search
  • Washington Rev. Code §69.50.410 Web Search
  • Washington Rev. Code §69.50.412 Web Search
  • Washington Rev. Code §9A.20.021(c) Web Search
Paraphernalia

Advertisement of paraphernalia is a misdemeanor punishable by a mandatory minimum of 24 hours and maximum of 90 days in jail and a fine of not more than $1,000.

  • Washington Rev. Code §69.50.412 Web Search
  • Washington Rev. Code §69.50.425 Web Search

Sale or giving of drug paraphernalia is also a class I civil infraction punishable by a $250 fine.

  • Washington Rev. Code §7.80.120 Web Search
  • Washington Rev. Code §69.50.4121 Web Search
Sentencing

Drug offenses are sentenced according to drug offense seriousness level and a drug offense sentencing grid.

  • Washington Rev. Code § 9.94A517 Web Search
  • Washington Rev. Code § 9.94A518 Web Search

First time marijuana offenders may have the imposition of the standard sentence waived with conditions. For violations which involve a small amount of drugs (as determined by the judge), the offender may have the standard sentence waived in lieu treatment or a prison-based alternative.

  • Washington Rev. Code §9.94A.517 Web Search
  • Washington Rev. Code §9.94A.660 Web Search
  • Washington Rev. Code §9.94A.662 Web Search
  • Washington Rev. Code §9.94A.664 Web Search

Suspension of sentencing is available for all drug offenses, at the discretion of the court. Conditions to this probation may include paying fines and reporting to a probation officer.

  • Washington Rev. Code §9.92.060 Web Search

Any person convicted of a second or subsequent offense is subject to double the term of imprisonment authorized for the offense and double the fine authorized for the offense. However, this does not apply to certain possession offenses. A second or subsequent offense is any offense of this statute committed by a person with a prior conviction under this statute or any statute of the United States or any state relating to narcotics, marijuana, depressants, hallucinogens, or stimulants.

  • Washington Rev. Code §69.50.408 Web Search
Forfeiture
Criminal

Vehicles and other property may be seized for violations of the Washington Uniform Controlled Substances Act if certain conditions are met. A seizure of property commences a forfeiture proceeding in which the law enforcement agency must give notice to the owner and others with an interest in the property within 15 days. After notice has been served, those with an interest in the property have 45 days in the case of personal property and 90 days in the case of real property to respond, or else the items will be deemed forfeited.

  • Washington Rev. Code §69.50.505 Web Search
Civil

Private or state actors may file an action for damages and forfeiture of property involved in delivery, cultivation, or possession with intent to deliver or cultivate marijuana.

  • Washington Rev. Code §9A.82.100 Web Search
Miscellaneous
Involving a person under the age of 18 in a drug offense

Involving a person under the age of 18 (compensating, soliciting, or threatening) in a transaction to cultivate, sell, or deliver marijuana is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. An additional mandatory fine of $1,000 applies to first offenses and $2,000 to second or subsequent offenses.

  • Washington Rev. Code §9A.20.021 Web Search
  • Washington Rev. Code §69.50.4015 Web Search
  • Washington Rev. Code §69.50.430 Web Search
Knowingly maintaining a structure used for drug offenses

It is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000 to knowingly maintain a structure (including homes and vehicles) that is resorted to by persons using controlled substances in violation of the law for that purpose, or which is used to sell or store substances. An additional mandatory fine of $1,000 applies to first offenses and $2,000 to second or subsequent offenses.

  • Washington Rev. Code §9A.20.021 Web Search
  • Washington Rev. Code §69.50.402(f) Web Search
  • Washington Rev. Code §69.50.430 Web Search
Civil damages

Parents or legal guardians of a minor to whom a controlled substance was sold or transferred have a cause of action against the person who sold or transferred the substances. Damages may include costs of rehabilitation services for the minor, forfeiture of any money made in the transaction, and attorney’s fees.

  • Washington Rev. Code §69.50.414 Web Search
Controlled substances homicide

A person who delivers a controlled substance, which is subsequently used by the person delivered to and results in their death, is guilty of a class B felony punishable by up to 10 years imprisonment and/or a fine up to $20,000. An additional mandatory fine of $1,000 applies to first offenses and $2,000 to second or subsequent offenses.

  • Washington Rev. Code §9A.20.021 Web Search
  • Washington Rev. Code §69.50.415 Web Search
  • Washington Rev. Code §69.50.430 Web Search
Revocation of juvenile’s driving privileges

Juveniles (age 13-21) will have their driving privileges revoked for any offense under this statute. For the first offense, the privileges will be revoked for 1 year or until the person reaches 17 years old, whichever is longer. A second or subsequent offense will result in the revocation of privileges for 2 years or until the individual is 18 years old, whichever is longer.

  • Washington Rev. Code §46.20.265 Web Search
  • Washington Rev. Code §69.50.420 Web Search
Violations committed on or in certain public places or facilities

Cultivation, sale, delivery, or possession with intent to cultivate, sell, or deliver marijuana in a school, on a school bus, within 1,000 feet of a school bus stop or school grounds, in a public park, in a public housing project designated as a drug-free zone, in public transportation, and other locations is punishable by a fine that is twice that authorized for the offense and/or imprisonment for a term that is twice the amount authorized for the offense. It is an affirmative defense that the conduct took place exclusively within the confines of a private residence and the transaction did not involve profit.

  • Washington Rev. Code §69.50.435 Web Search
Chemical dependency

If the court finds that the offender is chemically dependent and this has contributed to their offense, the court may order the offender take part in rehabilitation.

  • Washington Rev. Code §9.94A.607 Web Search
Mandatory Fee

Any individual convicted, sentenced to a lesser charge, or given deferred prosecution under WA’s DUID statute must pay a $200 fee to compensate the State for the drug test, in addition to any fine imposed by the Court. This fee applies to each individual conviction but may be waived for poverty.

  • RCW § 46.61.5054(1). Web Search
More Information
Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

EXPUNGEMENT

This state has enacted legislation explicitly providing the opportunity for those with marijuana convictions for activities that have since been decriminalized/legalized to have past marijuana convictions expunged, vacated, otherwise set aside, or sealed from public view.

Legalization

Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.

Marijuana in France

In the neighboring country, production, possession, sale, purchase of cannabis, not even for medicinal use is prohibited. The penalties imposed by the French legislation, ranging from monetary fines and imprisonment, depending on the extent of the amount seized.

As regards consumption of cannabis, the maximum penalty to which the consumer is exposed in France, it is one year in prison or a maximum fine of 3,750 euros. In addition, in the Gallic country, cannabis consumption involves possession. Although it must be said, that if the amount of cannabis seized is small, usually these people are not processed as long as it can be demonstrated that there is no link with the production or trafficking of marijuana.

The gendarmes usually do is determine that the amount seized is for personal use, then the merchandise is confiscated and proceeds to its destruction. In many cases in which complaints have reached the courts generally, the judge dismisses. What do the French authorities, is to apply a sentence of four years to anyone who has relapsed several times in the same crime. That is, if the person in question is caught several times with cannabis, may have to serve a sentence, regardless of the amount of cannabis seized.

French law also provides for the production of cannabis (even it may be for personal use) and this fact even punishable with sentences of up to 20 years in prison and financial penalties that can amount to 7,500,000 euros. We must also say that, so far, have been very few cannabis growers who have suffered these maximum sentences.

Legislation cannabis in France

In the past year, the fight against illegal drug trafficking has been strengthened. French Justice is especially hard on those who commit such crimes even if France is not the final destination but simply an airport stopover what tends to happen quite often. There have been cases in which infringements have been classified as “crimes” and if they, are punishable by imprisonment for 10 years, and you can even get to life imprisonment, as well as lead to fines of large sums of euros. Qualified as “crimes” offenses are punished with imprisonment up to 10 years, plus the corresponding fine usual.

A study recently conducted in this country, concludes that they are processed only 10% of those arrested for drug and promptly imprisonment are held for drug use, but represent only 0.4% the total prison population.

Pro-cannabis march in Paris World

Medicinal cannabis, also illegal

France is one of the strictest European countries for cannabis. Proof of this is that it is not even allowed medical cannabis because it is illegal. Three years ago an article in the French Public Health Code was amended to authorize the drugs that were prepared from cannabis, but the medicinal cannabis remains prohibited. And although at the time it was said that in late 2015, Sativex (cannabis-based drug widely used for patients suffering from multiple sclerosis and can legally purchase in 17 European countries) would be on sale in french pharmacies, the truth is that today is not yet marketed in this country.

Association, Cannabis Sans Frontières

So strict are the French in this area that partnerships for cannabis also border on illegality, is illegal also because incitement to consume marijuana. You may not promote the legalization of cannabis or agitate for marijuana. However there are associations calling for the legalization of the substance. In the case of the Terra Nova Foundation, which wants to end the repressive policy against marijuana and proposes to legalize the sale, production and consumption as a state monopoly. The Foundation ensures that this proposal, the French Treasury could collect no more and no less than 1,800 million euros annually.

There is another association, Cannabis Sans Frontières, which has even managed representation in Europe and wants to legalize marijuana in France and publicize the many benefits that this plant health.

Illegal but widely consumed

Despite such a restrictive law that prevails in France, marijuana is the most commonly used illicit substance followed by cocaine. So much so that 17 million French say they have used marijuana on occasion it is that the neighboring country is one of the European countries with the most cannabis consumed. This was revealed a few years ago a report by the National Institute of Higher Studies in Security and Justice.

The study added that every Frenchman spent 36 euros a year in drugs, mainly marijuana. Therefore, it proves once again that no use prohibitive policies because legislation as hard as the French in this area, shortly served to avoid France to be a country where more marijuana consumed.

Another study, this time conducted by the Health Barometer, conducted between 2010 and 2014, consumption Regular marijuana in France increased from 2.2% to 3.1% of the population between 18 and 64 years. The study also shows that the increase has occurred in all ages, but especially in women who are between 18 and 40 and men between 18 and 55 years. As the population group most marijuana consumed by young people of 18-25 years. The study found that increased consumption of marijuana is about more and more people have in their homes plants for growing cannabis and consumption.
By Noelia Jiménez, Team Piensa En Verde