San Diego Marijuana Cultivation Lawyer
Law enforcement is heavily involved in identifying those who are involved in cultivating marijuana, particularly larger scale operations. Both federal and state agencies can be working on a cultivation case; in some instances, the charges will be federal. The assumption is that you were growing marijuana with the intent to sell, so the charges waged against you could lead to serious penalties.
Any evidence such as scales, cash, wrapping materials, and similar paraphernalia will be used to support the case against you. The presence of weapons can create a more dangerous legal situation. When any children are present or nearby, the consequences can extend far beyond criminal charges and impact your personal life with your children being removed from your custody and taken by CPS.
The ramifications that you may be dealing with are extensive, and it is imperative that you are prepared to fight back if you are accused of marijuana cultivation.
Even if you are legally allowed to cultivate marijuana under the Health and Safety Code 11362.5 (Proposition 215) you are not protected from legal action from federal police agencies such as the DEA, as marijuana possession and cultivation remains illegal under federal law.
It is illegal to cultivate marijuana, and there are various strategies they employ to identify those involved in larger scale grow operations. One way that a grow house can be identified by law enforcement is seeking out residential areas in which one home is drawing far more electricity. This is just one of the strategies law enforcement uses to find any person growing marijuana.
Although the state has decriminalized the possession of minor amounts of marijuana, state laws allow for heavy penalties for larger quantities, including the following:
- Cultivation of any amount: up to 3 years in state prison
- Possession of any amount that more than 25.8 grams: up to 3 years in prison
- Sale of marijuana related to a grow house: up to 7 years in prison
There can be several charges filed in one case. How your case is defended will depend upon the circumstances, such as what law enforcement did in any aspect of the process. The first action that your San Diego criminal defense lawyer will engage in is a full analysis of the facts.
There may be many things that could allow for a dismissal of charges:
- Serious errors or holes in the case
- Police misconduct
- Rights violations
Drug enforcement agents can be overzealous and overstep the bounds of the law in an effort to arrest and charge persons they believe are involved in the illegal drug trade, and if so, these facts will be brought to the attention of the court. As one of the top defenders in drug crime cases in San Diego, our firm is ready to move into action for you. Call today for your free consult!
Contact jD LAW, P.C. today for an aggressive defense against cultivation charges.
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