Cultivation of Marijuana
For years, people in Philadelphia have cultivated marijuana plants in their basements and backyards. Recently, Pennsylvania Gov. Tom Wolf signed a medical marijuana bill into law, allowing for patients with one of 17 qualifying conditions to access the drug in pill, oil or ointment form; however, this medical marijuana must be procured from an authorized dispensary and if you are found with marijuana plants that are even meant just for your own use, you still run the risk of Pennsylvania’s strict marijuana laws. If you are charged, you will need a knowledgeable and skilled Pennsylvania marijuana attorney.
As an experienced Philadelphia criminal defense lawyer and member of the Medical Marijuana Committee of the Philadelphia Bar Association, Michael Fienman is at the forefront of cannabis law in Philadelphia and across Pennsylvania. If you have questions about medical marijuana, have been charged with a marijuana-related crime, or are interested in entering the marijuana industry, contact attorney Fienman at (215) 839-9529 or complete our online form.
What You Need To Know About Cultivation of Marijuana
- If you grow two to 10 pounds of marijuana, or 10 to 21 plants, for your first offense you can face one year in prison and $5,000 in fines. If it’s your second offense, you are looking at two years in prison and $10,000 in fines.
- If you have grown 10 to 50 pounds, or 21 to 51 plants, and it’s your first offense, you can face three years in prison and a fine of $15,000.
- If it’s your first offense, you may be able to draw probation.
If you are growing the plants outside, factors like their distinctive leaves and aroma can alert the police to your illegal crop.
If yours is an especially large indoor operation, the extensive plant lighting may give you away.
What To Do If You Have Been Charged
If you are caught with marijuana plants growing on your property, it is important that you do not make any statements to the arresting officer about the drugs.
As with most criminal charges, you should not talk to the police or prosecutors without your attorney by your side. What you say can be taken out of context and used against you. If the police question you, tell them you want a lawyer and politely refuse to answer their questions.
What A Lawyer Can Do
Your Pennsylvania marijuana attorney will start with a careful examination of the alleged facts to first determine if there was probable cause to charge you lawfully.
- If the marijuana belonged to someone else, your lawyer will try to find proof that it was not yours.
How a Pennsylvania Marijuana Attorney Will Help
When you are up against a cultivation of marijuana charge, you will be facing inflexible laws and a determined prosecutor. You will need an experienced attorney who can help you weigh your options and achieve the best outcome for your circumstances.
Pennsylvania Cultivation of Marijuana Law
Cultivation of marijuana charges are described and defined under The Pennsylvania Code under Title 35 Chapter 6. Read the code here.
Questions? Contact us today.
If at all possible, Fienman Defense will try to get the charges against you dismissed. And if your case goes to court, Fienman Defense will fight to win an acquittal.