Cultivation of drugs is the same as to manufacturing them. Drug cultivation laws are generally categorized under or along with drug manufacturing laws, and involve growing, producing, or processing plants with naturally developing substances utilized in the production of illegal drugs. Some types of plants that are classified as controlled substances include marijuana, opium, cocaine, and some other kinds of intoxicants or hallucinogenic plants.
It must be kept in mind that cultivation of drugs, is not the same as drug possession, though it usually involves some of the same components as possession, considering the person must possess the substances for them to cultivate or grow them; nevertheless, the cultivation of drugs basically brings far more serious charge compared to mere possession. This is because cultivation of drugs is usually grouped to an intent to distribute the drugs or substances, ignoring the paradox that possession of a drug does not consistently mean that the particular person is intending to distribute the materials.
Cultivation Penalties
Possession or cultivation with the intent to distribute is charged as a felony. The terms of the sentence are determined by the quantity and type of drug cultivated, but if you are caught cultivating or growing marijuana in Utah, you can anticipate to pay a fine of $1,000 to $10,000 and spend a maximum of 15 years in prison. Selling in the presence of a minor, within 1,000 feet of a school zone and other public areas, are some cases that can increase penalties significantly.
Cultivation Defense
Cultivation charges can be defended. The prosecution should verify and prove that: 1) the suspect had the materials on his/her person during the time of arrest, and 2) stated individual intended to cultivate illegal drugs without appropriate authorization. Hence, if the police search a person’s home and find the needed tools and utensils– opium seeds, electronic growing lights, plants in large quantities– it may be tough enough evidence to charge with the cultivation drugs with the intention to distribute. This is a great point to test the actions on grounds of rights violations, in which wrong verdicts could have been drawn from circumstantial evidence implicating individuals who are innocent through indirect participation.
Cultivation Lawyer in Utah
Upon accepting a client, Utah lawyers and attorneys will prepare and study the case, inspecting every component to keep you out of prison. They are aggressive in defending your rights and are well prepared to take care of drug crime cases for their clients.
