Don’t get smoked by drug manufacturing, cultivation charges

On Behalf of | Apr 4, 2017 | Firm News |

When you face criminal charges, rather than resigning yourself to a feeling of defeat and punishment, you may want to explore your defense options. Understanding a variety of elements relating to your situation could help you build a meaningful defense against the allegations. The more you know about your predicament, the more confident you might feel in your ability to address the legal proceedings ahead.

If the charges brought against you relate to drug manufacturing, certain state laws could affect the allegations, especially in certain states that legalized the recreational use of marijuana.

Colorado marijuana laws

When it comes to marijuana cultivation in Colorado — where individuals over the age of 21 can obtain marijuana legally — recreational users can grow their own marijuana plants. However, the laws only allow up to six plants for each individual. Therefore, if authorities suspect that you have cultivated more than six plants, you could potentially face criminal drug cultivation charges.

On the other hand, if you do have such charges brought against you but cultivated six plants or less, you may have the ability to use that information as part of your defense. If possible, you could argue that only six plants in total existed in your possession or that any additional plants did not belong to you.

Crime elements to prove

When it comes to drug manufacturing charges, the prosecution must prove your guilt of the alleged crime beyond a reasonable doubt. When it comes to this aspect of the legal proceedings, prosecutors must prove two elements of the crime: possession and intent to manufacture. In order for this to occur, evidence must exist that support both elements of the crime.

If authorities simply find you in possession of a banned substance, that discovery does not necessarily prove that you intended to manufacture a drug that uses that substance. However, if authorities found additional paraphernalia which corresponds with items needed to manufacture or cultivate an illegal drug, charges beyond simple possession may result.

Creating your defense

Luckily, even with charges leveled against you, you still have a chance to defend yourself. By assessing the particular conditions under which the allegations resulted and the specific laws surrounding the alleged crime, you could have a better idea as to how you would like to approach your case. Additionally, gaining assistance from an experienced attorney could prove useful as that legal professional could review any evidence the prosecution has against you in order to better build your case.


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