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Generally, Drug Cultivation can be defined as anyone who plants, cultivates, harvests, dries or processes drugs or controlled substances. Criminal lawyers know the terms "drug cultivation" and "drug manufacturing" are sometimes used interchangeably. It is normally filed as a felony or federal case.
Drug cultivation is usually defined as the growth of numerous plants. The cultivation of drugs other than marijuana is usually referred to as manufacturing, which is the production of illegal or controlled substances such as cocaine, methamphetamine, heroin, LSD and ecstacy (MDMA). Experienced attorneys know that drug cultivation or manufacturing often occurs with and accusation of drug distribution or trafficking.
Many people are under the false impression they can legally grow their own marijuana if they possess a medical marijuana prescription. Federal courts do not recognize the legal possession or growth of marijuana, even for medical purposes. The Supreme Court has overruled state medical marijuana laws. Therefore, growth or cultivation of marijuana, even for medical purposes, is a federal offense and needs lawyers experienced in federal defense.
Lawyers know that a state filing or investigation on drug cultivation or manufacturing can spur a completely separate federal case or investigation. You need top attorneys to prevent two co-occuring cases from happening which can lead to numerous convictions and sentences in different courts.
Federal and state courts vary on marijuana cultivation penalties depending on the amount produced. Some drugs are illegal to manufacture period and state and federal courts also vary on penalties for Shedule I, II, III, IV, and V drugs.
Lawyers know the counts, amount, type of drug, criminal record, other factors influence sentencing, but here are the general Federal Sentencing Penalties for Drug Manufacturing. A conspiracy of drug manufacturing is a seperate offense and also carries severe penalties.
Drug cultivation and manufacturing has among the most aggressive sentencing guidelines in the state and federal justice system. Drug manufacturing or cultivation can lead to a "strike" on your record, loss of your driver's license and difficulty in keeping or getting jobs. When not represented by the best lawyers, convictions on cultivation or manufacturing of drugs lead to long prison terms and enormous fines, possibly in both state and federal. This is why an accusation of drug manufacturing or cultivation must be fought with an extremely skilled and vigorous defense.
Citizens who may be in involved in the cultivation or manufacturing of drugs are favorite targets of prosecutors because drug convictions are easier to get, which is why you need the best lawyers to represent you.
Since the start of the "war on drugs" in the 1980's, the state and federal governments have aggressively pursued drug cultivation and manufacturing convictions. Drug offenses are considered "gateway crimes" that can eventually lead to the use of firearms, money laundering, weapons trafficking, and violent offenses. Big drug cultivation or manufacturing busts mean big publicity for prosecutors and politicians.
The most common approach our lawyers use in defense of drug manufacturing or cultivation is to get the case dismissed or charges substantially reduced without a trial. Our attorneys use pre-trial defense strategies that usually center around the suppression or handling of evidence. This requires attorneys to have more than just knowledge of the law. It requires specific lawyers' experience in drug related defense strategies backed by forensic experts who can conduct the research necessary.
Drug manufacturing and cultivation is aggressively prosecuted and carries severe penalties and can imprison you for many years, in some states, even life.
The federal government has an entire agency dedicated solely to pursuing individuals involved in drug manufacturing or cultivation, the DEA (Drug Enforcement Administration). It is critical your lawyers determine if a federal case has been filed or if you are under federal investigation. A case filed by your state can later be handed to the federal government for a completely separate case. You need an attorney also experienced in federal defense and courts. Our lawyers have been very successful in preventing federal cases from being filed and even halting federal investigations.
Our defense strategies and our cadre of drug trial attorneys at both the state and federal level have saved our clients from enormous fines and years of prison time.
The obvious goal of criminal defense lawyers is to get the the charges dismissed or, barring that, get a not guilty verdict. In a drug cultivation or manufacturing case, there can be many individual charges, each of which carries its own sentence.
In the event that it is not possible to disprove a specific charge against you, our attorneys can be extremely helpful at sentence reduction. The complexity of drug cultivation and manufacturing cases creates many opportunities for plea bargains, and the lattitude state court judges have makes it possible to greatly reduce fines, sentences, and penalties.
At LibertyBell Law Group, we have a team of trial attorneys and criminal defense experts with experience in defending drug cultivation and manufacturing. Our experience spans state courtrooms across the country and the federal court system. Our attorneys have had many successful wins involving huge amounts of drugs, millions of dollars, and multiple years of defense work.
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ca_medical_marijuana_criminal_attorneys.mp3Gina Tennen, Managing Attorney, and Jennifer Wirsching, Supervising Attorney, give expert opinions in KABC's Peter Tilden Show on California medical marijuana laws and the recent federal raid on Oaksterdam.
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