The marijuana laws in California are complex and you need a solid, professional defense attorney by your side if you are facing marijuana cultivation charges. The criminal defense lawyers at Hoffman & Associates have over 30 years of courtroom experience and have represented hundreds of clients facing offenses related to marijuana in California. Contact us today to schedule a consultation to discuss the facts of your case and learn about your legal rights when it comes to marijuana cultivation.
Hoffman & Associates
Los Angeles Office
5900 Wilshire Boulevard, Suite 2600
Los Angeles, California 90036
Phone: (323) 655-3900
Send us an e-mail
The sentencing range for marijuana cultivation is up to three years in state prison, up to a $10,000 fine, and probation. If given probation, it is formal probation where the person must report to a probation officer as required. Formal probation is given in cases where the charges and conviction are more serious in nature.
Those found guilty of marijuana cultivation face a penalty that falls within a spectrum of possible sentences established by legislation. Which penalty will be given depends on the specific facts of the case, as well as the person’s criminal background.
If you or someone you know has been charged with marijuana cultivation, the skilled criminal defense attorneys at Hoffman & Associates can help. There are several defenses available for a person charged with marijuana cultivation, including:
Under the California Health and Safety Code §11358, it unlawful for any person to manufacture or grow marijuana. The law covers any acts associated with the growth or manufacture of marijuana, including cultivating the plants in soil, harvesting the plants, and processing the marijuana.
Potential Consequences of a Marijuana Cultivation Conviction
Let’s look at an example of someone who may be charged with marijuana cultivation. A man is found with over 50 marijuana plants growing in his backyard. On the surface, this number of plants would not appear to be solely for personal use. The man lives in the home alone, holds a valid medical marijuana card, and has no prior criminal charges or convictions.
Qualified Marijuana Defense Attorneys
A Class B felony offense of manufacturing cannabis is punishable by up to between two to 20 years in prison, along with a fine of up to $30,000. If the offender faces enhanced class A felony charges, he or she could be sentenced to 10 to 99 years, or life is prison, and a fine of up to $60,000.
In most cases, when these conditions are present, charges will be upgraded to a Class A felony, which carries the potential for a substantial increase in potential penalties.
According to section 13A-12-217 of the Alabama Code, an individual can be charged with a Class B felony if he or she unlawfully manufactures marijuana, or possesses any amount of the necessary precursor materials or substances to manufacture marijuana.
If you have been charged a cannabis related offense, the attorneys at Law Offices Of Segal & Segal are well equipped to handle your case. Andrew and Sandra Segal are former prosecutors who now provide quality legal representation for clients facing marijuana charges in Madison, Decatur, Huntsville, Trinity, Athens, Madison County, Jackson County, Limestone County, and the surrounding areas. Contact us today at (256) 533-4529 to schedule your free consultation.
Enhanced Charges for Marijuana Cultivation Offenses
Although the manufacturing of cannabis may not take place in a laboratory the same way methamphetamines are produced, the cultivation of cannabis is a serious offense. Due to its Schedule I classification, arrests stemming from marijuana related offenses tend to result in felony charges.
If you have been arrested and accused of growing marijuana, you are undoubtedly under intense pressure. Consulting with an experienced drug defense attorney in Madison County could help alleviate some of your stress, while also giving you a legitimate chance of making it through the legal process without suffering devastating consequences.
This means that if an individual has the necessary material to cultivate marijuana, he or she can be charged with a criminal offense, even if he or she had not actually started or completed the process.
Criminal Code Regarding Manufacturing Cannabis
An individual who cultivates marijuana can face enhanced charges in Madison County if two or more of the following factors were present during the commission of the offense:
No matter how bad the situation may look, a defense attorney with adequate experience may be able to find mitigating factors that could lead to a reduction in your charges or penalties. If you are charged with a felony marijuana crime, don’t hesitate to contact a Huntsville marijuana cultivation defense attorney at our firm today.