We Update Daily!
Custom Search
Chris S. Kenoyer. Owner MMJ Patient, Medical Activist, Online Patients Advocate, Online MMJ News Journalist
My Personal Medical Bio
Follow Us Now On Twitter @MedicalMMJMan
Or Follow Us Now On Facebook
Email Us Here olpwebs@yahoo.com
Or Email Us Securely Here MedicalMMJMan@countermail.com NEW 100% Encrypted Email Server
OLP’s Free MMJ News EList Get The Latest In MMJ News
Press Contact Info
Is CBD? A Possible Cure For Breast Cancer..? And All The Other Many Forms & Types Of Cancer..? Learn More About CBD Here
***************************
Advertise Here On OnlinePot Rates As Low As $50 a Year 24/7 – 365 Days A Year Of Sales!
***********************************
Website Navigational Links
Main Start Page 2
**************************
Latest Marijuana News Reports
*********************************
Parody’s Cartoons US Government Grown Pot, Term Papers, School Reports, & Thesis’s On Marijuana & Cannabis *********************************
Amsterdam A to Z ********************************
Canadian Marijuana Websites *******************************
Church’s & Pot Cannabis
*****************************
Co-Ops, Clinics, Dispensary’s *****************************
Marijuana Doctors & Clinics ****************************
Pot Cooking Recipes ****************************
Drug Testing A To Z ***************************
Pot Games
****************************
Pot Songs Video’s ****************************
100’s Of Grow Guides ***************************
Hash A- Z
***************************
Cannabis Legal Info, Drug Lawyers, State, Federal Laws, State & Supreme Court Rulings **********************
POW’s Of The MMJ War!
*****************************
Other Marijuana Websites Reciprocal Link Exchange ****************************
Medical Marijuana Studies, Research Report’s, Medical Cannabis Clinic Study’s ****************************
Parody’s & Cartoons When We All Need A Good Laugh!
****************************
Avoiding Online MOM Scammers Newly Re-Updated Info! *****************************
The Politics Of Contraband Medical Marijuana In The Mail? ******************************
The Hall Of Shame Section The Online MOM Scammers *****************************
Online MOM Providers Ads ****************************
Politicians & Voters Rights ****************************
Medical Marijuana, Strains ****************************
The OG Marijuana Strain Guide ****************************
800+ FAQ Growing Questions ****************************
Patients Spiritual Guidance, Free Online Crisis Help Center ****************************
Online Marijuana Seed Banks ****************************
Maximum Security Section Just Updated! *****************************
Traveling Tips, Guides, B & B’s ****************************
Vaporizers A To Z *****************************
Online Pot Video’s & Movies **********************************************
Please Visit Both Of Our Sister Websites!
Maine Patients Coalition.org
The Reefer Madness Teaching Museum.org
Listen Right Here Online! To Original 1930-1950’s Reefer Madness Propaganda Radio Shows And Programs Before TV There Were "Radio Stars"
*********************************
Legal Disclaimer
Guest Book
Translate Text or Web Page Go To: Language Tools Google Translations
Article Submissions & News Reports Are Always Gladly Accepted Here.
No part of this site maybe used or reproduced in whole or in part without the written consent of the Copyright Owner www.onlinepot.org
OLP ENTERPRISES LLC 1999-2013 Copyright ? All rights reserved
OnlinePot assumes no legal liability for any products, or information or news posted, services offered, Or any contests or give away’s offered.
|
|
GrowFAQ :
What are the Federal Sentencing Guidelines?
Added by: Bongaloid Last edited by: Bongaloid Viewed: 565 times |
Rated by 4 users: 8.00/10 |
INTRODUCTION
The Federal Sentencing Guidelines provide federal courts with guidance as how to sentence people convicted of violating the criminal code of the United States. They do not apply to cases tried in state courts.
Note, at the outset, that a detailed description of the guidelines is beyond the scope of this FAQ. What will be presented here is a basic description of how the guidelines work and how people convicted of growing or possessing marijuana are sentenced under the guidelines. You should not rely on this document as legal advice. Consult your lawyer if you have any questions about how the guidelines apply to you.
BASE OFFENSE LEVEL
For any conviction of the U.S. criminal code, the guidelines assign a base offense level. The more severe the violation, the higher the base offense level. For base offense level one, the range of punishment is from 0-6 months. For base offense level forty three (the highest level contemplated by the guidelines), the only sentence is life in prison.
CRIMINAL HISTORY CATEGORY
Once the base level is determined, other factors are considered. First, the Defendant’s criminal history is categorized. Category I is a first offense, Category VI is 13 or more prior convictions. For most offenses, prior convictions effectively increase the sentencing range for the base offense level. For instance, a level 10 conviction, without other prior convictions, has a range of 6-12 months. But, with 3 prior convictions the range increases to 8-14 months.
ZONES
The guidelines are zoned across base offense levels and categories. Zone A includes the least onerous sentences, Zone D contains the most severe sentences. In our example above, a level 10 conviction, with 1 or fewer prior convictions is a Zone B conviction. However, with 3 prior convictions it becomes a Zone C conviction.
MITIGATING OR AGRRAVATING FACTORS
Once the base level and category are identified, other factors are considered in increasing or reducing the base level. There are some kinds of conduct, for instance making a living through criminal activity, which bring in a minimum base offense level (in this case base offense level 13). Conversely, if the Defendant had a mitigating role in the criminal activity, the guidelines mandate that his base offense level be reduced 4 levels.
HOW THE GUIDELINES RELATE TO GROWERS
Under the federal Trafficking statute, a conviction of possession of 250 grams of marijuana or less is a level 6 offense, category I, which carries with it a sentencing range of 0-6 months. If the Defendant is convicted under the same statute for possession of 30,000 kilograms or more, then a base offense level 38, Category I applies, which has a range of 235-293 months (19.5-24.4 years).
One startling note in the guidelines reads as follows: “In the case of an offense involving marihuana plants, treat each plant, regardless of sex, as equivalent to 100 G of marihuana. Provided, however, that if the actual weight of the marihuana is greater, use the actual weight of the marihuana.” That means that every plant, including little clones and skinny ass males, will be treated as if it weighs almost 4 ounces. 10 plants to the kilo, unless they actually weight more. Take heart though, the commentary instructs that if the harvested marijuana has so much moisture in it that it can’t be smoked, then an estimation as to its dry weight is to be used.
MANDATORY TIME
There is no mandatory jail time for a Zone A offense, unless there is some other provision applicable to a specific offense which mandates imprisonment. For Zone B offenses, the Defendant may be sentenced to probation. For Zone C offenses, the Defendant must be sentenced to prison but is eligible for supervised release. For Zone D offenses, the Defendant must be sentenced to prison.
For trafficking in marijuana, there is no mandatory sentence for less than 1 kilogram. Jail is possible, but not inevitable for possession of up to 2.5 kilograms. Jail is very likely for more than 2.5 kilos but less than 5 kilos. Jail is a certainty for more than 5 kilos.
|
Last modified: 19:16 – Feb 28, 2001 |
|
|
Quicklink: http://overgrow.com/growfaq/869 GrowFAQ © 2000-2004 Overgrow faq:869 “What are the Federal Sentencing Guidelines?” |
|
|
|
|