Drug Cultivation Lawyer Case Results in Gilbert, Arizona
Client Charged With A Drug Cultivation Crime in Gilbert, Arizona
REDUCED SENTENCE & CHARGES DISMISSED
The Safe and Smart Act, also known as Proposition 207, legalized marijuana for adult recreational use in November 2020. This statutory provision allows Arizona adults the right to possess one ounce or less of marijuana, or 5 grams or less of marijuana concentrate, and the possession, purchase, transportation, and processing of the plant. But even after the passing of Proposition 207, it is illegal to have more than six marijuana plants in your possession, grow, or transfer them.
If you or a family member have been charged with a drug cultivation crime in Arizona, you will no doubt have many questions. Navigating the legal system, however, will mean hiring an expert drug crime attorney specializing in this area and learning as much as possible about what you might expect. Below are answers to some of the most asked questions from those charged with drug cultivation in Arizona, along with a case study that resulted in dismissed charges and a reduced sentence.
What Is A Drug Cultivation Crime In Arizona?
Growing plants that are designated as controlled substances is known as drug cultivation. If it is discovered that you are cultivating illegal amounts of marijuana, opium, or other intoxicants or hallucinogens, you will probably be prosecuted for drug cultivation. Laws governing drug manufacture and drug cultivation are grouped together in Arizona. When taken together, the statutes make it unlawful for someone to:
- To cultivate, produce, or have in one's possession plants that naturally bear ingredients used in the production of illegal drugs and controlled substances
- To manufacture illegal drugs like cocaine, which are primarily derived from plants.
To establish drug cultivation charges, the prosecutor must demonstrate in court that the defendant had the tools and ingredients required for their production. Additionally, the prosecutor must demonstrate that the defendant intended to grow the drugs illegally. Therefore, opium seeds, a high number of plants, and electric growth lights may be used as evidence to support a conviction.
What Is A Drug Manufacturing Crime In Arizona?
Drug manufacturing is a drug offense that entails the creation of an illegal substance. The prosecution must establish in court that you knowingly had chemicals or drugs used to synthesize a specifically banned substance to charge you with drug manufacturing. Additionally, the prosecution must offer substantial evidence that you planned to produce the drug.
In Arizona, both the use of synthetic drugs and domestic production of drugs like methamphetamines have increased. Therefore, drug manufacturing charges are relatively widespread and have become more frequent.
Drug manufacturing involves a broad category of activities. Authorities go after people who run their own in-house labs for manufacturing drugs, people who sell the unique tools and equipment required for making drugs, and people who provide operational support. In Arizona, you risk going to jail for nothing more than aiding in the production of drugs. Since the majority of precursor compounds are legal, the vendor must have known—or reasonably should have known—that the customer intended to utilize the substances for the illicit production of dangerous illegal drugs.
What Are The Potential Consequences Of A Drug Cultivation Or Manufacturing Conviction?
The laws prohibiting drug cultivation, manufacturing, and possession of equipment for the manufacture of illegal drugs, drugs obtained through a prescription, and narcotics are found in ARS 13-3406, 13-3408(A)(3), and 13-3407(A)(4). The following are the potential penalties under these statutes for offenses involving the manufacturing or possession of chemicals and equipment used in the production of specific categories of drugs:
Prescription Drugs
The offense, which is a Class 1 misdemeanor, has the following penalties:
- 3 years of probation
- Imprisonment for six months
- Fines and other fees totaling $5,000
Based on the facts of the case, the judge has discretion in sentencing.
Misbranded Drugs
For a drug to be considered misbranded if it has a label that is untrue or deceptive, or if the contents of the package are not accurately described in terms of their quantity, measure, numerical count, or weight. They must also include the name and location of the maker, packager, and distributor.
A conviction for cultivating or manufacturing a misbranded drug is a Class 4 felony in Arizona, and the offense is penalized by:
- A prison sentence of at least one year and a maximum of 3.5 years
- $1,000 minimum fines
Dangerous Drugs or Narcotics
The crime is a Class 3 felony, and the following penalties apply:
For a first offense, probation entails at least one year in jail. However, the sentence could be between 2 and 8.75 years in jail if the judge does not order the offender to be placed on probation.
- Offenders with at least one prior felony conviction face between 3.5 and 16.25 in prison.
- For offenders with at least two prior felony convictions, the sentence ranges from 7.5 to 25 years in prison.
If you are found guilty of manufacturing illegal or dangerous drugs, the crime is classified as a Class 2 felony. You won't be eligible for probation if the amount of drugs found in your possession exceeds the legal limit. The likely punishment in this situation is:
- For first-time offenders, the sentence ranges from 3 to 12.5 years in prison.
- Prison sentences for repeat offenders range from 4.5 to 23.25 years.
- Third-time offenders are sentenced from 10.5 to 35 years of incarceration.
What Are Possible Defenses Against Arizona Drug Manufacturing and Cultivation Charges?
A drug cultivation and manufacturing conviction in Arizona can drastically impact one's life. In addition to serving time in jail and paying a significant fine, you'll have a criminal record that could negatively impact other aspects of your life, such as your ability to find suitable employment. Therefore, getting a skilled criminal defense lawyer to pursue reduced charges and avoid the severe consequences of a felony conviction and its aftermath is advisable.
The following are some techniques your lawyer may use:
1. You held a current permit or license.
If you have a valid permit to cultivate plants that can be used in the production of hazardous substances or if you were lawfully in possession of materials and substances that could be used in the production of illegal drugs.
2. Absence of Intent
Prosecutors struggle to demonstrate intent. You might have lived in the same home where those materials were discovered without understanding their purpose. Or perhaps someone left them in your home without telling you. You cannot be charged with drug manufacturing or cultivation without having the necessary intent. To be charged with drug cultivation and manufacturing, the authorities must prove that you intended to utilize materials in your possession to conduct the crime.
3. Illegal Search & Seizure
Most drug-related arrests in Arizona are made following a thorough investigation that begins with a tip from a public member. The police are likely to conduct a raid and immediately make arrests when they receive information about the illegal cultivation or manufacture of illicit substances in a specific location. Sometimes there isn't enough time for the police to get an arrest warrant or search warrant. The police may be prosecuted for illegal search and seizure without these documents. Any evidence obtained due to the unlawful behavior will not be acceptable in court.
4. Unlawful Arrest
The police also follow well-defined rules for when and how to conduct inquiries and make arrests. For instance, following an arrest, you have the right to have your Miranda rights read to you before the police begin questioning you. If the police make an arrest without following the established procedures, they risk being accused of making an illegal arrest. Therefore, any evidence they may have amassed up to that moment won't be allowed to be used in court.
Our Case Study
To demonstrate that these types of crimes can be fought in court, we offer the following true-life case study:
“Ms. K” was charged with marijuana production over the legal limit, a Class 3 felony. Specifically, she was charged with being in possession of equipment and chemicals to manufacture a narcotic drug.
Police had observed Ms. K's activities, but in order to acquire information about her property, a search warrant was required. Upon exercising the warrant, it was discovered during an inspection of Ms. K's premises that marijuana had been grown there. Police officers found 862 marijuana plants totaling more than 450 pounds.
Ms. K trusted our defense lawyers to defend her against the cultivation accusation successfully. The amount of evidence heavily supported the state, but our defense counsel vigorously defended Ms. K. She was facing more than four felonies, but our team used their legal knowledge to work out a plea agreement.
In the end, the state was persuaded by our legal team to drop all but one of the charges. Ms. K was pleased to accept a plea agreement that handed her a brief jail sentence followed by closely monitored probation. Later, our team submitted a motion to release Ms. K from probation early due to her exceptional probation status.
WE HELP GET YOUR DRUG CHARGES AND PENALTIES REDUCED OR DROPPED.
The drug crime lawyers at Gilbert Drug Lawyer have over 35 combined years of experience defending clients in the Gilbert, Arizona area. We’ve helped clients receive reduced penalties, dismissed charges and flexible legal results that make it easier to move on after your case. View our recent case results to get a better idea of how our criminal defense drug crime attorneys provide first-class service to their clients.