Cultivation of 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.
Whether in the Denver area, or anywhere 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.
Possible Consequences for Cultivation of Marijuana
If convicted of cultivation of marijuana, he could be sentenced for a class four (4) felony of: (1) probation, with a possible jail sentence as a condition of probation of up to ninety (90) days, or up to a two (2) year work release sentence as a condition of probation, or (2) a sentence to the department of corrections of two (2) year to six (6) months, but as much as twelve (12) years if the court finds the presence of exceptional circumstances, with a mandatory parole period of one years.
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 twelve (12) ounces).
We have 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.
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