Deborah Toloczko and her husband Anthony Toloczko were on vacation in Las Vegas last week. Upon their return to Massachusetts they were met at Logan Airport by law enforcement officials. There, the Worcester County couple was arrested. It is alleged that the pair was growing marijuana in their Douglas, Massachusetts home. Last week, officers entered the Toloczko property and conducted a search. During the search officers found about one hundred twenty pot plants, two to three feet tall. They also located Marijuana Cultivation Paraphernalia including grow lamps, timers, climate control devices and an irrigation system. Officers also located Firearms they claim were improperly stored. Bail for the couple was set at two hundred fifty thousand dollars for Ms. Toloczko and five hundred thousand dollars for Mr. Toloczko. It is also alleged that over fifty pounds of marijuana was located, already packaged for sale. Seventy five thousand dollars cash was seized as well. Evidence taken from the scene led officers to apply for and obtain another Search Warrant where one pound of packaged marijuana was also located.
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.