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Essential Information About Drug Cultivation
Drug related crimes are common in the United States and you may face severe penalties if charged with such illegal acts. Moreover, drug cultivation is a felony offense and if convicted, you will not only face a serious penalty, but also have a permanent criminal record, which is why it’s inevitable that you hire a skilled drug manufacturing attorney in San Diego, CA. Additionally, it’s essential that you equip yourself with important information about drug cultivation.
What constitutes drug cultivation?
Growing plants that classify as controlled substances is considered drug cultivation. These include opium, marijuana, and other types of hallucinogenic or intoxicant plants. The laws that regulate this kind of cultivation are classified as drug manufacturing laws and they are covered in the Health and Safety Code of California. These laws prohibit:
- Possessing, producing, or growing plants that naturally contain substances used in the production of illegal drugs and controlled substances.
- Producing illegal substances derived from plants.
What are the penalties for cultivation?
Unlike possession which can result in a misdemeanor charge, cultivation can be classified as a felony resulting in more severe penalties, especially when there’s the intent to distribute. You can face hefty fines and a prison or jail sentence of three or more years, and even lose child custody. However, the penalty depends on many circumstances within an individual case. These are the outlines of possible penalties:
- Up to 6 plants results in no penalties
- 6 or more plants carries the possibility of incarceration from 6 to 12 months
- 6 or more plants with the intent to distribute can result in prison or jail penalty of one year or more
What evidence proves cultivation?
In order to convict an individual of this crime, the prosecution must demonstrate two things. First, it must show that you were in possession of the physical materials and substances needed for drug cultivation. Second, it must show your intention to cultivate it without legal authorization and for an illegal purpose.
For example, if legal authorities search your home and discover items such as electric lights for growing, plants, and opium seeds in large quantities, this is strong evidence that can get you convicted of cultivation with the intent to distribute.
However, if the authorities search your home without a legal warrant, none of the evidence they collect can be used at court, and this can be a strong point for making defense.
Is cultivation the same as possession?
These two terms are not necessarily the same, but they are closely related because cultivation normally involves an element of possession since you must possess a substance in order to grow or cultivate the drugs.
However, cultivation is a more serious crime since it usually involves the intent to distribute. Possession, on the other hand, doesn’t necessarily mean that an individual also intends to distribute a drug.
Who is the leading drug manufacturing attorney in San Diego, CA?
Preparing a strong defense for your drug cultivation case is crucial and you will plan it in detail with your lawyer, but it’s also important to be familiar with useful drug manufacturing information and be well‐prepared. Monder Criminal Lawyer Group is a collection of well‐seasoned attorneys fully trained at leading law schools. We have the experience and worth proven in real‐life court cases needed to build a strong defense for your case.
Whether you have been charged for cultivation in your home or facility in Morena or any other neighborhood in San Diego, you can reach out to us.We’ll give you all the attention and time you deserve and handle your case personally.
