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Fighting Marijuana Manufacturing Charges

Fighting Marijuana Manufacturing Charges

It is illegal to knowingly produce marijuana under A.R.S. §13-3405(A)(3).  Cultivation of Marijuana is generally accomplished by growing plants in a hydroponic garden indoors or in the back yard.

The penalties depend on the amount and intent of use.  Any production of marijuana conviction carries a minimum $750 fine.  In cultivation of the drug, a dried weight of fewer than 2 pounds is a Class 5 felony.  The first offense may result in probation and/or up to 1 year in jail.  If the defendant has a prior conviction or an alleged prior, the length of incarceration will increase. A dried weight of 2-4 pounds is a Class 4 felony and carries a mandatory prison sentence of 1-4 years.  Dried weight of 4 or more pounds is a Class 3 felony and has a mandatory prison time of 2 to 9 years.

A possible defense a marijuana drug manufacturing lawyer may use is that the defendant has no knowledge it was taking place.  This defense might be appropriate if the drug was growing further out in the back yard or in a corner, where it was out of site and a reasonable person could have easily missed its presence.  This is plausible in situations where a new tenant rents a property and the plants really belonged to the old tenant or the owner, also a family member may be cultivating the drug without the other family members’ knowledge.  A drug crimes attorney may dispute the actual weight of the plant as well, this is beneficial when it is near the border of 2 or 4 pounds.

There are numerous arguments which may be used to defend you against marijuana cultivation charges.  For example, under Arizona’s Medical Marijuana Act, a qualifying patient may obtain permission to cultivate up to 12 marijuana plants.

Arizona has a voluntariness standard when it comes to the admissibility of the defendant’s statements in court.  The police are not allowed to intimidate, trick or coerce a suspect in any other manner during questioning.  If you were not properly read your Miranda rights, anything you said after that and any evidence gathered as a result of your statements could be suppressed.  You have a right to counsel and if the police deny your request to speak to a lawyer and continue to question you, that may also be used in your defense.

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