Cultivation of Marijuana

As more and more people realize the profound medical benefits of marijuana, cannabis laws in Arizona are slowly changing. Unfortunately, there are still many thorny legal questions about cannabis in Arizona. Until laws are updated to better reflect public sentiment about marijuana today, Arizonans must be cautious.

In Arizona, patients with qualifying medical conditions can access marijuana through qualified businesses. However, individuals working outside the purview of certified dispensaries are not permitted to participate in marijuana cultivation.

A.R.S. §13-3405(A)(3) is the law that makes marijuana cultivation illegal throughout Arizona – including Phoenix and other metro areas. Cultivation is generally assumed when a search or investigation suggests the use of equipment such as grow lights or hydroponics.

Although “marijuana cultivation” might bring to mind thoughts of large-scale operations, you can still be charged even if only a small amount of marijuana is discovered in a backyard planter.

The seriousness of a marijuana cultivation charge is determined by the dried weight of marijuana produced. That said, all cultivation charges are felonies and can have severe penalties.

If the amount of marijuana produced has a weight of less than two pounds, it is considered a class 5 felony. For a first offense, it is possible to serve probation with no jail time. However, the maximum sentence runs to 2.5 years in prison even on a first offense.

The most serious category of cultivation involves a dried weight over four pounds. In this case, even a first offense may carry a minimum prison sentence of 2.5 years with a maximum sentence of 8.75 years. Because of this, help from a marijuana lawyer is essential.

If you’ve been charged with cultivation, odds are good you will be charged with related offenses. Among the most common is marijuana possession with intent to sell. It’s not unusual for overzealous prosecutors to overcharge in marijuana-related cases – luckily, this introduces holes into the case that can be used to defend your legal rights in court.

In Arizona, Tom Dean is known as the “attorney for cannabis.” He is a recognized expert on marijuana law who truly cares about fighting for the people caught in drug enforcement drag-nets. To find out more, contact our law office today.