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Worcester County Massachusetts Drug Crimes Defense Lawyer
As a Massachusetts Drug Crimes Defense Lawyer one criminal charge comes to mind that is omitted from this article; that being Trafficking Marijuana. The Massachusetts Marijuana Trafficking laws set the threshold for Marijuana Trafficking at fifty pounds. Trafficking fifty pounds up to one hundred pounds carries a mandatory minimum one year sentence and a maximum sentence of fifteen years in state prison. The amount of marijuana packaged just reaches this threshold. However, I imagine that the district attorney is also going to add in the amount of marijuana contained in the plants which will undoubtedly drive the quantity up.
There is always going to be a calculation problem for the prosecution when dealing with marijuana plants and usable marijuana that can come from that plant. Studies have shown that “enormous” marijuana plants can produce ten or even fifteen pounds of consumable substance. Some credible law enforcement agencies maintain that one “mature” plant will yield one pound of usable marijuana. The term “mature” is subject to interpretation. Keep in mind that indoor plants rarely exceed four feet in height whereas plants grown outdoors are often three to four times as tall. Horticultural practices also figure into the average yield of a plant. All of these factors make it difficult for the district attorney to prove the presence of a particular quantity of marijuana for which the accused is accountable. In this case this will likely be one of the issues raised by the defense. All of this makes me wonder why the bail was set so high in this case. It would not surprise me at all to see that the bail either has been lowered or will be lowered after the order of bail is appealed.
Stephen Neyman has been defending people accused of crimes including people accused of Dealing Drugs in Worcester County for years. You can always reach us either by calling 617-263-6800 or sending us an email. All calls are answered 24/7 and one of our attorneys will get back to you immediately.