We’re probably two days away from the Legislature voting to legalize marijuana.
But did you know that even after weed is legalized, a person caught growing even a relatively modest amount of it could face up to 20 years in prison, including a mandatory minimum sentence?
It’s well-known that regular people aren't allow to grow under the weed legalization bill, but I haven’t heard anyone talk about just how draconian New Jersey’s laws against it are. If you’re caught growing 10 plants or more — or five pounds — you can be charged with the first degree crime of “maintaining or operating a controlled dangerous substance production facility.” The law treats growing weed the same as manufacturing crystal meth or PCP. That’s 10 to 20 years in prison with a mandatory minimum of at least a few years. The other laws on the books pertaining to growing weed are only slightly less draconian.
I know 10 plants or five pounds sounds like a lot. But keep in mind that live plants weigh a lot more than dried weed, and include a lot of parts that add weight but don’t get smoked. And of 10 plants, it’s likely that about half are going to be male, which don’t produce weed that can be smoked and need to be discarded. So we’re not talking about a major operation here. And even growing as little as one plant is still a third degree crime with serious consequences.
The only legislation that’s been considered to temper the penalties was a bill that would end mandatory minimum sentences for a host of non-violent drug and property crimes. But that bill’s stalled. The reason why is in the quote of the day.