Drug Manufacturing Lawyer Case Results in Scottsdale, Arizona
Client Charged With A Drug Manufacturing Crime in Scottsdale, Arizona
REDUCED SENTENCE & CHARGES DISMISSED
Even though growing marijuana is legal in Arizona for medical purposes, not everyone is permitted to do so. Before deciding to produce marijuana, you must adhere to state regulations. Arizona has strict laws against the illegal cultivation of marijuana.
Thus, the best course of action if you have been charged with a drug manufacturing crime in Scottsdale, Arizona, is to hire a competent lawyer. Your attorney can work to have the charges against you withdrawn or, in some cases, reduced.
Due to illegal marijuana cultivation, a client was charged with a class 2 and class 3 felony. However, he received a lighter sentence with the help of his attorneys. A review of Arizona laws on his charges will reveal the extent of his lawyer’s assistance.
Laws on The Cultivation of Marijuana in Scottsdale, Arizona
It is unlawful to “knowingly produce marijuana,” according to Arizona Revised Statutes. This law mainly refers to cultivating or growing cannabis since marijuana is a plant. Production encompasses many potential activities, including setting up hydroponic systems in a home, raising a single plant in a pot on the window bracket, or building grow houses.
In Arizona, marijuana cultivation is prohibited unless it is used for a specific medical purpose. Only under two circumstances can marijuana production be legal. First, you may raise not more than 12 plants in your house if you consume marijuana for medical purposes. Secondly, planting is only acceptable if there isn’t a dispensary within 25 miles of your residence.
Furthermore, only an entirely enclosed facility, like a greenhouse, closet, or room, can be used to grow the plants. It will need to be secured with locks and security measures such that the licensed cardholder is the only one who may enter the room.
Additionally, to grow medical marijuana, you will also require a license. Sometimes, the state might allow you to work as a caregiver. As a result, you will be able to produce marijuana for 1–5 patients while serving as a caregiver.
Even if you have a license to cultivate and use marijuana, sharing or selling it to someone who doesn’t have a medical card is illegal. You risk facing legal action if you are found cultivating it without the required authorization.
Possession is sometimes categorized as constructive possession for marijuana cultivation or manufacturing. Constructive possession means the marijuana was in a location that the accused controlled even though it was not physically on them.
For instance, someone may be charged with having a grow house in a shed on an acre of land behind their home. According to the allegations, he had constructive possession of the marijuana in the farmhouse because he was in charge of the building.
Penalties for Illegal Cultivation of Marijuana
Similar to most laws regulating drug crimes, the penalty for illegal production of marijuana depends on the quantity of the drug in question. The following are the potential penalties for growing marijuana illegally:
Less than two pounds: A class 5 felony carries a maximum 2-year sentence and $150,000 fine.
Two to four pounds: A class 4 felony punishable by up to 3 years in prison and a $150,000 fine.
Four pounds and above: A class 3 felony carries a maximum sentence of 7 years in prison and a $150,000 fine.
In addition to prison time and other legal repercussions, a conviction on these felony offenses may also have other unfavorable effects. Other repercussions for cultivating or possessing marijuana illegally in Arizona include:
- Losing the right to keep or use a gun
- Financial difficulties resulting from the payment of fines
- Difficulty getting admitted to a college due to criminal record
- The potential loss or suspension of a professional license
- Loss of the right to cast a ballot in any elections
This violation can occasionally be brought against someone who has a medical card or permission to produce marijuana. The highest number of plants that may be cultivated with a medical license at one time is 12. Thus, you will be charged with violating the law if it is discovered that you have more.
Therefore, the state may conclude that you are growing with the intention of selling. Whether you are selling marijuana for recreational or medical use is irrelevant. You may be indicted with a felony if you continue growing more plants than permitted.
Law On Possession of Marijuana for Sale in Scottsdale Arizona
According to Arizona Revised Statutes, it is against the law to intentionally possess marijuana with the intent to sell it.
Despite being substantially less dangerous than other controlled drugs, possession of marijuana in Arizona is a felony. The repercussions might be much worse if a person is detained for marijuana sales.
Penalties for Possession of Marijuana for Sale.
Prosecution with one of the following felony classes depends on the quantity of marijuana possessed for sale.
Less than 2 pounds: A class 4 Felony of 1.5 to 3 years prison sentence and fines ranging from $750 to $150,000.
Two to four pounds: A class 3 felony punishable with 2.5 to 7 years in prison and a fine of $750 to $150,000
Above 4 pounds: A class 2 felony, the penalty is from $750 to $150,000 in fines and 4 to 10 years in prison.
Although in Arizona, selling marijuana is a felony, a first-time offender can be eligible for probation rather than jail time. This is per Arizona Proposition 200, which forbids jail terms for first- and second-time nonviolent drug offenders. Accordingly, you might only receive a prison sentence after three convictions.
Arizona also gives first-time offenders who use drugs the chance to enter a drug diversion program in exchange for having their charges dropped, in addition to the possibility of probation.
The Case of The Client Charged With A Drug Manufacturing Crime in Scottsdale, Arizona
Before making an arrest, law enforcement observed our client for a while. The police officer asked our client about the number of marijuana plants he had at various locations. In response, our client said he had 12 in one place and 1 in the other. The policeman then arrested him.
During the search of the two homes, more than 200 marijuana plants totaling more than 4 pounds of dried marijuana were discovered. After being taken into custody, our client was given a marijuana production and marijuana possession for sale charge. He faced a class 2 and class 3 felony for the following offenses.
- Production of marijuana
- Possession of marijuana for sale
To accurately portray our client, we often communicated with the investigating attorneys. After examining the relevant facts and information about our client’s case, we concluded that there were critical legal difficulties. We negotiated a beneficial plea deal for our client based on the legal concerns that were in play, our connections with the local prosecutors, and our expertise with the judicial system.
The verdict was a plea bargain for a non-dangerous misdemeanor for our client.
Conclusions
Although some conditions make it lawful to grow marijuana, it’s still important to understand the regulations to avoid prosecution.
However, if you have been accused of illegally cultivating marijuana, you should consult with a proficient marijuana cultivation attorney in Scottsdale, Arizona, to defend you. As a result, the outcome of your case might be more favorable beyond your expectation.
WE HELP GET YOUR DRUG CHARGES AND PENALTIES REDUCED OR DROPPED.
The drug crime lawyers at Scottsdale Drug Lawyer have over 35 combined years of experience defending clients in the Scottsdale, Arizona area. We’ve helped clients receive reduced penalties, dismissed charges and flexible legal results that make it easier to move on after your case. View our recent case results to get a better idea of how our criminal defense drug crime attorneys provide first-class service to their clients.