Los Angeles Drug Cultivation Attorney
In California, it is illegal to cultivate or manufacture controlled substances unless you are specifically licensed to do so, such as if you have a license to grow marijuana or you work for a pharmaceutical company. If you lack appropriate licensing, then participating in activity intended to create illegal drugs will result in an arrest and state or federal criminal charges.
If you have been accused of drug cultivation or manufacturing, you should immediately invoke your rights to remain silent and obtain an attorney. Contact a Los Angeles drug cultivation attorney at Spolin Law P.C. as soon as you can. A lawyer will ensure you remain fully advised of your rights and legal options during the criminal justice process.
Drug Cultivation Offenses in California
California law prohibiting drug cultivation, manufacturing, and creation are found in various statutes. At Spolin Law P.C., we are highly experienced in defending individuals against cultivation charges related to all types of drugs.
You can face criminal charges for cultivating marijuana. Per Health & Safety Code § 11358, you may only grow marijuana plants if you are at least 21-years-old and have six or fewer plants in your possession.
If you are under 18-years-old, you can be found guilty of an infraction. For a first-time offense, you must complete education or counseling and community service. If you are between 18 and 21 years of age, you can be found guilty of an infraction for cultivating fewer than six plants, and be fined up to $100. If you are over the age of 21 and cultivate more than six plants, you can be found guilty of a misdemeanor and incarcerated in the county jail for up to six months and fined up to $500.
Under Health & Safety Code § 11363, if you plant, cultivate, harvest, dry, or process any plant in the Lophophora family, better known as peyote, then you can be charged with a misdemeanor or a felony. This is punishable by up to one year in county jail or state prison. To avoid the harsh penalties for a conviction on peyote cultivation, contact a Los Angeles drug cultivation attorney right away.
Health & Safety Code § 11390 states it is illegal for any person, with the intent to produce a controlled substance, to cultivate any spores or mycelium capable of producing mushrooms, or any material that contains a controlled substance. The major exception to this rule are individuals and businesses who produce spores or mycelium for analysis and research purposes.
If you are charged with a crime for cultivating hallucinogenic mushrooms, you may be charged with a misdemeanor or felony, punishable by a maximum of one year in jail or prison.
Other Controlled Substances
Under California’s Health & Safety Code § 11379.6, it is illegal for you to manufacture, compound, convert, produce, derive, process, or prepare any controlled substances. This includes if you directly or indirectly participate in the process of creating cocaine, crack, heroin, ecstasy, LSD, methamphetamine, and prescription drugs like Vicodin and OxyContin.
Manufacturing controlled substances other than marijuana, peyote, or mushrooms, is a felony-level offense. If convicted, a judge can sentence you to spend three, five, or seven years in prison and to pay a fine up to $50,000.
The statutory penalties of incarceration and fines have far-reaching effects on every aspect of your life, so if you find yourself facing charges for drug cultivation in California, call a Los Angeles drug cultivation attorney from Spolin Law P.C. right away.
Federal Drug Cultivation Charges
Numerous federal statutes prohibit the cultivation, manufacturing, and creation of controlled substances. Under 21. U.S. Code § 841, it is illegal to knowingly and intentionally manufacture, distribute, dispense, or possess with intent to manufacture, distribute, or dispense a controlled substance.
The charge you face depends on the type of controlled substance involved and the amount. For the smallest amount of an illegal drug, such as cocaine, heroin, and LSD, you face up to 20 years in prison and millions of dollars in fines. If you have a greater amount of a drug – the tiers of amounts vary by substance – then you may face between five and 40 years in prison, or 10 years to life in prison. The fines can increase from $5 million to $10 million.
You face harsher penalties if you cultivate or manufacture drugs in certain places. Under 21 U.S. Code § 841(b)(5), it is illegal to manufacture or cultivate a controlled substance on federal property, such as growing marijuana within a remote area of a national park. If convicted, you face a term of imprisonment and fines depending on the type and amount of the controlled substance. Manufacturing or distributing a controlled substance within 1,000 feet of a truck stop or highway rest stop can lead to a double or triple the penalty, based on 21 U.S. Code § 849. If you distributed or manufactured controlled substances near schools, colleges, or youth recreational facilities, then under 21 U.S. Code § 860, you face up to twice the penalty for all substances except methamphetamine, and you must spend at least one year in prison.
You may also be charged with a crime if you enable drug manufacturing. If you open, maintain, finance, or make available a place for the unlawful manufacturing, distribution, or use of controlled substances, based on 21 U.S. Code § 856, you face up to 20 years in prison and a fine up to $500,000.
Additionally, if you are convicted of endangering any human life while illegally manufacturing a controlled substance, then 21 U.S. Code § 858 states you can be imprisoned for up to 10 years and fined up to $250,000.
Defending Against Drug Cultivation Charges
If you are facing California or federal drug cultivation or manufacturing charges, contact a Los Angeles drug cultivation attorney. The best thing you can do is have an experienced and skilled lawyer on your case as soon as possible. Your lawyer may fight to have your charges reduced, dropped by the prosecutors, or dismissed by the court. If the prosecutor decides to move forward with charges, your lawyer will build you the strongest defense available under the law and prepare to mitigate any consequences of a potential conviction. While the goal is to exonerate you in court, your lawyer will also fight for you to experience the minimum penalty, if convicted.
Some of the defenses your attorney may utilize include:
- Unconstitutional search and seizure
- Lack of necessary intent for the crime
- Mistake of identity
- Insufficient evidence
Contact a Los Angeles Drug Cultivation Attorney For Help
When you have been charged with a crime for cultivating or manufacturing drugs, it is imperative you work with a lawyer who is ready to protect your rights and fight for the best possible outcome in your case. The team at Spolin Law P.C. knows how prosecutors think, and we can anticipate their arguments in court. We are prepared to present evidence on your behalf, and create the doubt you need to be found not guilty.