What is the Cultivation and Manufacturing of a Drug?
What is the criminal charge of cultivation or manufacture of a drug? In most states, it is illegal to cultivate a controlled substance.
Well, what does that mean? It means if you are growing marijuana in your home or in your apartment, or even in a vacant lot next to you, you can be charged under most circumstances with the criminal charge of cultivation of a controlled substance or cultivation of marijuana.
Also let’s say you have a meth lab or you are making ecstasy. If you are actually making it in a laboratory or in bath tub, in your garage or in your basement, you can be charged in a separate felony offense of manufacturing a drug or manufacturing a controlled substance.
Now the difference between merely possessing a drug, possessing marijuana, possessing ecstasy or possessing a methamphetamine is in the cultivation or manufacturing of the drug which determines the sentence you can be sentenced to. The sentence you are subjected to is raised if you are charged with the cultivation and manufacturing of a drug.
Now what is cultivation? Again, the classic example would be a search warrant is executed on your house or your apartment and law enforcement find in a back room fifty pot plans that are three feet high with grow lights showing that you are raising these marijuana plants for cultivation and sale. You can be charged under your state laws with the cultivation of marijuana in your state or jurisdiction if you are growing marijuana, whether you are charged for it or prosecuted for it. If you are making ecstasy or you are making methamphetamine that is a more serious charge, carrying with it in most jurisdictions state prison sanctions.
The criminal defense attorneys at Carlson, Meissner, Hart & Hayslett, P.A. are fighting for our clients rights in criminal defense cases in Clearwater, Tampa, Bradenton, Spring Hill, Pinellas, Pasco, New Port Richey, Manatee, Hillsborough and Hernando Counties in Florida.
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Kevin Hayslett, Esq.
J. Kevin Hayslettis an attorney practicing in the areas of Criminal Defense and DUI Defense from the Clearwater office and Hillsborough office. Kevin is an avid tennis player and is currently nationally rated in singles and doubles. You can follow Kevin onGoogle+, oron Radio IO on his show, "Kevin's Law". Kevin can also be heard on the Sirius Satellite Radio show during the "Ask the Lawyer" segment, which can be heard the first Thursday of every month.