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Attorney Chandon S. Alexander is a Las Vegas lawyer who is an active member of the National Trial Lawyers Association and has been recognized as one of the Top 10 Attorneys under 40. He is a member of the Clark County Bar Association, American Bar Association, and the Nevada Justice Association.
The government is strict on eradicating illicit drugs, including domestically-grown marijuana, and often pursues charges related to cultivating drugs. This includes growing, possessing, or producing crops (such as cannabis, coca, and opium poppy) that are made into drugs like marijuana, cocaine, and heroin. Even possessing the seeds for these crops can result in cultivation charges. If you are facing felony charges, it is crucial to have the best Las Vegas drug cultivation lawyer by your side. The Spartacus Law Firm can provide you with the aggressive criminal defense you need to protect your rights.
Drug cultivation charges pertain to growing plants used for making illegal drugs, which carries serious legal consequences in many parts of the world. This is because it poses a risk to individuals and society. This article will discuss the types of drugs involved, the legal framework, penalties, and mitigating factors related to drug cultivation charges.
Illegal drug production often involves growing plants that have chemical compounds used to make the drugs. Examples of such plants are cannabis (marijuana), opium poppies (source of heroin), and coca plants (source of cocaine). Because of the harm and potential for abuse, most countries have strict laws that prohibit or regulate the cultivation of these plants.
Drug cultivation charges are handled differently in different countries, and it usually depends on what kind of drugs are being cultivated and how much. In most places, cultivating drugs is against the law and falls under controlled substance laws. These laws spell out what is considered illegal, what needs to be proven in order to charge someone, and what kind of punishment can be expected.
Marijuana production is a common cause of cultivation charges, which can result in significant penalties. Running a grow house is considered a felony, and the consequences for cultivating marijuana are equivalent to those for selling it. For instance, if you’re facing your first charge and you’re accused of growing less than 100 pounds of marijuana, you could receive a sentence of 1 to 6 years in jail and a fine of up to $20,000.
If you commit another similar offense, you may be imprisoned for 2 to 10 years and fined up to $20,000. A third offense may lead to 3 to 15 years in prison. If you grow more than 100 pounds, you could get 1 year to life imprisonment and be fined tens of thousands of dollars. Federal cultivation charges may result in even harsher penalties. If the grow house was discovered near schools or daycares, the penalties will be increased.
It is highly probable that a conviction will result in a felony record. This record could potentially limit your options when trying to secure housing, employment, and loans as it may be the only thing that is visible to potential landlords, bankers, or employers. To avoid these potential consequences, it is important to take action and explore all potential defense options available to you. Your future could be impacted significantly, so it is wise to act promptly.
If you’re facing drug charges, one way to defend yourself is to claim that the police violated your rights during their search. According to the Fourth Amendment, you’re protected against unreasonable searches and seizure, which means your privacy can’t be violated except in certain situations. These include cases when you give permission to the officers, or when they have a warrant or probable cause to search you and your belongings. If the police used evidence obtained from an illegal search and seizure against you, we can file a motion to prevent this evidence from being used in your case.
The substances that were seized illegally cannot be used as evidence against you by the prosecution. There’s a possibility that there were errors in the lab or that you were growing medical marijuana for yourself. It’s possible that the charges against you are unfounded for various reasons. Given the high penalties, it’s important to act quickly and hire a skilled Las Vegas drug cultivation lawyer who can help reduce or dismiss the charges against you.
Although state and federal drug manufacturing laws are usually similar, marijuana is an exception. When it comes to charges and sentencing, the federal government treats growing marijuana similarly to the manufacturing of other Schedule I drugs, but state legalization efforts are generally left alone under a “hands-off” policy.
According to federal law, growing less than 50 marijuana plants can lead to a prison sentence of up to five years. However, cultivating 1,000 or more plants may result in a possible life sentence. Even if individuals are living in states where medical or recreational use of marijuana is allowed, they are still subject to federal enforcement. It’s unclear how federal laws will be enforced in these states.
Out of the two states that legalized recreational use of marijuana, only Colorado permits individuals who are not using the plant for medical purposes to grow up to six marijuana plants. The rules on cultivation of marijuana plants vary among states that have legalized medical marijuana, with some states such as Hawaii permitting approved patients to cultivate up to seven plants, while in other states such as Connecticut, patients are not permitted to grow marijuana.
1. A person shall not knowingly or intentionally manufacture, grow, plant, cultivate, harvest, dry, propagate or process marijuana, except as specifically authorized by the provisions of this chapter or title 56 of NRS.
2. Unless a greater penalty is provided in subsection 3 or NRS 453.339, a person who violates subsection 1, if the quantity involved is more than 12 marijuana plants, irrespective of whether the marijuana plants are mature or immature, is guilty of a category E felony and shall be punished as provided in NRS 193.130.
3. A person shall not knowingly or intentionally extract concentrated cannabis, except as specifically authorized by the provisions of title 56 of NRS. Unless a greater penalty is provided in NRS 453.339, a person who violates this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.
4. If a person violates:
(a) Subsection 1 by manufacturing, growing, planting, cultivating, harvesting, drying, propagating or processing marijuana; or
(b) Subsection 3 by extracting concentrated cannabis,
Ê and the violation causes a fire or explosion, the person shall, in addition to the term of imprisonment prescribed in this section for the underlying violation, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years.
5. In determining the length of the additional penalty imposed pursuant to subsection 4, the court shall consider the following information:
(a) The facts and circumstances of the violation;
(b) The criminal history of the person;
(c) The impact of the violation on any victim;
(d) Any mitigating factors presented by the person; and
(e) Any other relevant information.
Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.
6. The sentence prescribed by subsection 4:
(a) Must not exceed the sentence imposed for the underlying violation of subsection 1 or 3, as applicable; and
(b) Must run consecutively with the sentence imposed for the underlying violation of subsection 1 or 3, as applicable.
7. The provisions of subsection 4 do not create any separate offense but provide an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
8. In addition to any punishment imposed pursuant to this section, the court shall order a person convicted of a violation of this section to pay all costs associated with any necessary cleanup and disposal related to the manufacturing, growing, planting, cultivation, harvesting, drying, propagation or processing of the marijuana or the extraction of concentrated cannabis.
(Added to NRS by 2013, 3700; A 2015, 3089; 2019, 3875; 2021, 1740)
Drug cultivation is a type of drug crime where plants that are considered illegal and controlled substances are grown. This includes plants like marijuana, opium, and hallucinogenic plants. The laws that govern drug cultivation usually fall under drug manufacturing laws, which prohibit the growing and production of such illegal plants, for example:
Possessing drugs and cultivating drugs are not the same thing. However, drug cultivation always involves possession since one must have the substance to grow the drugs. The charge for cultivating drugs is usually considered more severe compared to the charge for possessing drugs. This is because cultivating drugs is often associated with the intention to distribute them, whereas merely possessing them may not necessarily indicate an intent to distribute.
Possessing drugs can lead to a minor misdemeanor charge, which carries a punishment of less than one year in jail and criminal fines. On the other hand, if someone possesses drugs with the intention to distribute or cultivates drugs, it can be charged as a felony and result in a prison sentence of one year or longer, along with substantial criminal fines.
To prove drug cultivation, the prosecution needs to demonstrate two things. Firstly, they must show that the person had the necessary substances and materials to grow drugs. Secondly, they must prove that the person had the intention to grow the drugs for illegal purposes and without legal permission. For instance, if the police search someone’s home and uncover opium seeds, large amounts of plants, and electric growing lights, this could be compelling evidence of drug cultivation with the aim to distribute.
If you’re facing drug cultivation charges, it’s crucial to hire a Nevada drug crime lawyer as these charges are among the most severe criminal offenses and often linked to other crimes like drug distribution. Being convicted of a drug crime can negatively affect both your future and your loved ones. To protect your rights and future, it is recommended to hire a drug cultivation defense lawyer in Las Vegas who can review your case, negotiate with the prosecution, and represent you during court appearances.
In conclusion, drug cultivation charges encompass the legal consequences associated with growing or cultivating plants used in the production of illicit drugs. Such charges are typically serious offenses that are prosecuted under controlled substance laws. The penalties for drug cultivation can be severe, including fines, imprisonment, or both. Mitigating factors may influence the severity of the charges or penalties imposed. If you’re facing similar drug charges in Nevada, contact our Las Vegas drug cultivation lawyer at the Spartacus Law Firm now for a free consultation.