Las Vegas Drug Cultivation Lawyer

Trusted Drug Cultivation Lawyer In Las Vegas, Nevada

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.

Understanding Drug Cultivation Charges In Nevada

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.

Penalties In Nevada For Drug Cultivation Charges

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.

Defenses For Drug Cultivations Charges In Nevada

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.

Marijuana Cultivation: State vs. Federal Laws

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.

NRS 453.3393 Unlawful to produce or process marijuana or extract concentrated cannabis; exception; penalties.

     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)