In Colorado, it is unlawful to cultivate marijuana, where a person does not have a proper license from the Department of Revenue to cultivate medical marijuana.
If you have been accused of cultivation of marijuana, you have the right to fight the charges. An experienced attorney can help. At Pearson & Paris, P.C., we have more than 50 years of combined legal experience that we will use in your defense. Perhaps more importantly, our top criminal defense attorney is a former senior prosecutor who knows how district attorneys handle these cases. That knowledge allows us to create effective strategies ranging from negotiation to courtroom battles.
Possible Consequences For Cultivation Of Marijuana
If convicted of cultivation of marijuana, he could be sentenced for a class 4 felony of: (1) probation, with a possible jail sentence as a condition of probation of up to 90 days, or up to a two-year work release sentence as a condition of probation, or (2) a sentence to the department of corrections of two years to six years, but as much as 12 years if the court finds the presence of exceptional circumstances, with a mandatory parole period of one year.
Possible Defenses For Cultivation Of Marijuana
Defenses to this charge of cultivation of marijuana would include a "Lack of Knowledge." This would come into play if the marijuana was growing outside in a garden, or was tucked away in a corner of a yard, and the person was unaware of the plants' presence. Sometimes this will occur in rental houses where the new tenant was unaware of what the old tenant was growing. Other times it will include a family member who is growing marijuana without the knowledge of the others who reside within the household. Sometimes the defense will be based purely on whether the plants were properly dried and cleared of dirt before they were weighed (i.e., do they really weigh less than 12 ounces).
We have proved on more than one occasion that the person was growing marijuana to cope with the ill effects of a medical condition; they just have not seen a physician to obtain the prescription for medical marijuana. In this instance, it will be important to gather the medical file to establish that the person has a qualifying medical condition that would allow him to use medical marijuana.
The remaining defenses that may be applied in a cultivation of marijuana case apply with equal force to those that may apply in any other criminal case. This includes an analysis of any violation of constitutional rights, such as the right to remain silent, the right to counsel, the right to have any searches and seizures based on probable cause, a proper warrant and the right to due process in the proper preservation of evidence that may be used against you. Many other defenses are available that rely on scrutinizing and exposing weaknesses in the prosecutor's case, such as: biased or incompetent witnesses, flawed crime scene investigation, flawed administration and procedures in collecting breath, blood or urine for forensic testing, incompetent computer evidence, flawed photo lineups, and inaccurate crime scene/accident reconstructions.
It is important that you hire a skilled and experienced cultivation of marijuana lawyer to defend you in a cultivation of marijuana case in Wheat Ridge, Jefferson County or across Colorado.
Call us at 303-872-4719 in the Greater Denver area or toll free across Colorado at 888-725-2609 for an initial consultation at reduced rates.