Cultivation of drugs is comparable to manufacturing them. Drug cultivation laws are generally categorized under or along with drug manufacturing laws, and involve developing, producing, or processing plants with naturally developing substances utilized in the production of illegal drugs. Some types of plants that are classified as controlled substances involve marijuana, opium, cocaine, and some other kinds of intoxicants or hallucinogenic plants.
Cultivation of drugs, it must be kept in mind, is not the same as drug possession, though it usually entails some of the same aspects as a possession, considering the person must possess the substances for them to cultivate or grow them; nevertheless, the cultivation of drugs commonly brings far more serious charge compared to plain possession. This is because cultivation of drugs is usually connected to an intent to distribute the drugs or substances, ignoring the paradox that possession of a drug does not consistently mean that the particular person is intending to distribute the substances.
Cultivation Penalties
Where plain possession of drugs in an initial offense of low drug weight can sometimes lead to misdemeanor charges, punishable by a fine and a jail sentence of less than one year, possession or cultivation with the intent to distribute is charged as a felony. The terms of the sentence are set by the quantity and kind of drug cultivated, but if you are caught cultivating or growing marijuana in Austin, you can anticipate to pay a fine from $7,500 to $1,000,000 and spend a maximum of 50 years in prison. If there is an involvement of a minor and/or selling within 1,000 feet of a park, elementary school, middle school, or marked school bus can increase the penalties greatly.
Cultivation Defense
Cultivation charges can be defended. The prosecution should verify that: 1) the suspect had the materials on his/her person during the time of arrest, and 2) stated individual intended to cultivate illegal drugs without appropriate authorization. Hence, if the police search a person’s home and find the needed tools and utensils– opium seeds, electric growing lights, plants in large amounts — it may be good enough evidence to charge with the cultivation of drugs with the intention to distribute. This is a great point to test the actions on grounds of rights violations, in which wrong verdicts could have been drawn from circumstantial evidence incriminating individuals who are innocent through indirect participation.
Cultivation Lawyer in Austin
Upon accepting a client, Texas lawyers and attorneys will zealously prepare for the case and delve into every detail to keep you from ending up in jail. They are assertive in defending your rights and are well qualified to take care of drug crime cases for their clients.
