Possession of 2-4 pounds indicator of commercial dealings. Convictions call for mandatory prison.
Cultivation or manufacture of marijuana for non-medicinal purposes (or growing outside the strict guidelines provided in connection with medical marijuana cards) remains a felony in Arizona. Those arrested and prosecuted for felony marijuana manufacturing can face serious punishments at sentencing.
There have been several significant arrests in Phoenix and Tucson for cultivation of marijuana recently. In mid-May, Tucson police found a house where 356 marijuana plants in various stages of growth were growing. They also found $18,000 in cash. On June 3, 2013 a canine unit from the Arizona Department of Public Safety found a driver carrying 7 pounds of marijuana. After arresting him, the Arizona Department of Public Safety searched his house in Phoenix and found 100 marijuana plants as well as handguns and growing equipment.
Marijuana cultivation for non-medicinal purposes is not only illegal, but can also be physically dangerous. On June 6, 2013, a marijuana grow house with about 1 dozen marijuana plants caught fire. The firefighters observed lighting, heaters, and Styrofoam insulation. Equipment used to grow marijuana can require an enormous amount of electricity.
As a result of the equipment used to grow large quantities of marijuana, circuits can get overloaded and wires get overheated, resulting in a fire. An entirely sealed room may require a dehumidifier, which also consumes electricity. Failure to control humidity can lead to mold or rotted wood. If propane powered generators are used, there is also the chance of explosion. Depending upon the circumstances, causing a fire and the ensuing property damage or injury to a person can lead to additional civil or criminal penalties beyond those levied for marijuana manufacturing.
Marijuana cultivation for non-medicinal purposes carries different punishments based on the dried weight of the marijuana. In addition to jail or prison time, those convicted of marijuana cultivation must also pay $750 in fines. If convicted of cultivating an amount less than 2 pounds, sentencing may be for a Class Five felony. As a first offense, marijuana manufacturing can be punished with prison for between 6-2.5 years in custody. A judge may offer a first time offender probation instead. If the defendant has one or more prior felony convictions, incarceration times increase even for this small amount.
If convicted of cultivating a quantity of marijuana with a dry weight of 2-4 pounds, the cultivation is a Class 4 felony that carries a mandatory prison sentence of 1 to 3.75 years of incarceration. With one prior felony conviction, the mandatory prison range is 2.25-7.5 years prison. The amount of mandatory prison time increases the more prior felony convictions a defendant has.
Marijuana cultivated in an amount that exceeds 4 pounds dried is a Class 3 felony with a mandatory prison sentence of 2-8.75 years in prison. This amount can increase up to 25 years of incarceration with two prior felony convictions.
Other penalties may apply in a situation involving a marijuana grow room or outside crop. A defendant may be charged not only with manufacture or cultivation, but also possession, sales, or trafficking depending upon the circumstances. As mentioned above, there may be property damage or other problems associated with a grow room.
There are several defenses to a charge of cultivating marijuana that an experienced criminal defense attorney may be able to raise. A number of these have a constitutional basis and involve the police following flawed procedures. For example, if the police coerced you into making a confession or failed to read you your “Miranda rights,” the evidence obtained this way is not admissible at trial. Similarly, where search warrants were not obtained or obtained improperly, they may violate Fourth Amendment rights.
Under certain circumstances, people are arrested and charged who were not aware of marijuana cultivation. This may happen, for example, on a rental property if marijuana is growing outside in a small part of a garden.
If you are arrested for manufacturing marijuana or for another marijuana-related offense, you should retain an attorney knowledgeable about these types of cases to defend and protect your rights. Contact The Law Office of James Novak at 480-413-1499 for a free consultation.
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• Arizona Drugs Defined Under Criminal Code
• Mesa AZ Police Department
Arizona’s Medical Marijuana Law Stands Ground, Phoenix DUI Lawyer Blog, June 4, 2013
Marijuana DUI: The Impact of Montgomery v. Harris, Phoenix DUI Lawyer Blog, March 13, 2013