I Was Arrested for Growing Marijuana: What are the Penalties?

I Was Arrested for Growing Marijuana: What are the Penalties?

Getting arrested for growing marijuana can be a scary and overwhelming experience. As cannabis laws continue to evolve across the country, the penalties for cultivating vary widely depending on your location, the amount you were growing, and your criminal history. While some states have legalized recreational and medical marijuana, it remains illegal federally and in many states. If you find yourself facing charges, it’s important to understand the potential consequences and start thinking about the best legal strategy for your situation.

Why Was I Arrested?

Marijuana is still classified as a Schedule I illegal substance under federal law, alongside drugs like heroin and LSD. That means buying, selling, growing and even simple possession remains a criminal offense in most jurisdictions. However, attitudes have been shifting rapidly, with medical marijuana now legal in 37 states and recreational use allowed in 18 states plus Washington DC. This map shows the patchwork of laws across the country.

If you were cultivating any amount of marijuana in a state where it’s prohibited, like Idaho, Kansas or Wisconsin, it’s illegal. Even in legal states, there are strict regulations on the number of plants allowed for personal medical or recreational grows. Exceeding those limits or selling to unlicensed dispensaries can still lead to criminal charges.

What Are Common Penalties for Growing Marijuana?

Marijuana manufacturing, sale and trafficking charges often carry the harshest sentences. But penalties for growing cannabis at home also vary significantly based on the amount of plants, your criminal record, and state or federal jurisdiction.

Small Personal Grows

If you were arrested with just a few plants exceeding state medical limits, many prosecutors won’t pursue criminal charges for a first offense. You may face civil fines or drug education programs instead of jail time. But a second incident will be treated more harshly. You need an experienced cannabis defense lawyer to get charges reduced or dismissed.

Felony Cultivation Charges

Once you reach a certain number of plants, often between 5-50 depending on the state, penalties jump to felony status. Federal law considers 100 plants or more a serious drug trafficking offense with mandatory minimum 5-40 year sentences. Even lower plant counts can lead to multi-year prison terms in prohibition states.

Aggravating Factors

Several things will increase potential penalties for a marijuana grow operation:

• Prior criminal record, especially drug offenses
• Possession of firearms or other weapons
• Sophisticated hydroponic grow setup
• Evidence of distribution or intent to sell
• Growing on public lands or property rental
• Proximity to schools, parks, churches, etc.

Sentences also escalate quickly for second or third offenses. Some states impose mandatory minimums requiring set years in prison.

What Are Common Defenses for Marijuana Growing Charges?

Fighting cannabis cultivation charges starts with understanding potential defenses that could get charges reduced or dismissed. Common strategies include:

Questioning probable cause

If police didn’t have sufficient legal grounds for obtaining a search warrant, any evidence found may be inadmissible. An attorney can argue the search was illegal.

Attacking evidence

There may be problems with evidence collection, chain of custody, testing procedures or inaccurate police reports. Skilled lawyers exploit these weaknesses.

Disputing possession

You can claim the marijuana grow belonged to someone else like a partner, roommate or tenant. Or argue you had no knowledge of plants on your property.

Questioning plant counts

Contesting the prosecutor’s number of plants seized can mean the difference between civil, misdemeanor or felony classifications.

Arguing medical necessity

In states with medical marijuana laws, you may qualify for an affirmative defense by proving the plants were for treating a valid health condition.

Seeking trial alternatives

Drug courts, deferred adjudication, probation and rehab programs allow charges to be cleared from your record if successfully completed.

Should I Accept a Plea Bargain?

Prosecutors often offer plea deals with reduced charges and sentencing recommendations. While tempting, plea bargains come with long-term consequences that your lawyer must review. Pleading guilty gives up your right to trial and appeal. It also leaves you with a permanent criminal record affecting jobs and other future opportunities. In many cases, fighting for dismissal or acquittal is better strategically.

How Much Will a Lawyer Cost for My Marijuana Charges?

Hiring a criminal defense attorney is expensive, but vital for more serious cultivation offenses. Rates vary by experience level and location, but average around $100-$300 per hour. Simple misdemeanor possession may only require 5-10 hours for a plea deal. But complex felonies can easily exceed $5,000-$10,000+ in fees if taken to trial. Still, skilled representation is the best investment you can make to avoid jail time and get charges reduced or dismissed.

Many law firms offer free case evaluations and flexible payment plans. Don’t hesitate to negotiate rates or shop around to find the best lawyer within your budget. The small upfront investment is worth it for the best results in court.

What’s Next If I’m Convicted of Illegal Marijuana Cultivation?

If convicted on marijuana growing charges, even misdemeanors, your penalties may include:

• Incarceration in jail or prison
• Probation requiring drug tests and supervision
• Fines up to $10,000 or more
• Drug counseling or rehab
• Community service
• Loss of federal benefits like financial aid
• Suspended driver’s license
• Employment and housing difficulties
• Immigration consequences if not a citizen

Felony convictions also mean losing civil rights like voting and gun ownership. Your lawyer may be able to get the conviction sealed or expunged later, but a criminal record will still impact background checks and show up in some databases.

Take Your Marijuana Charges Seriously

Even as attitudes towards cannabis relax, illegal growing can still ruin your future. But an experienced marijuana defense lawyer can often get charges reduced or dismissed. Don’t wait to explore all your legal options. The sooner you start fighting the case, the better your chances of avoiding harsh penalties down the road.

Sources:

• NORML – Federal Marijuana Penalties
• FindLaw – Marijuana Cultivation Laws by State
• NOLO – Marijuana Cultivation Charges & Penalties