Growing Marijuana Lawyers
Is It Illegal to Grow Marijuana?
Yes. Federal and state law make it illegal to grow marijuana. Some states, such as California, allow the growth of medical marijuana by patients and care-givers. However, the U.S. Supreme Court has ruled that the federal government may enforce federal laws against the growth of marijuana, even if a state allows it for medical purposes. Since federal law trumps State law, it is illegal to grow marijuana anywhere in America. Additionally, possession of marijuana seeds are illegal.
What Are the Penalties for Growing Marijuana?
The penalties for growing marijuana depend on whether you are charged under Federal or State law.
- Federal Penalties: Growing marijuana is a felony under federal law. Penalties will vary according to the amount of marijuana that is found growing, measured by weight. Fines can range from $250,000 to $4,000,000. Incarceration can range from 5 to 40 years. Penalties are increased if marijuana is grown within 1,000 feet of a school or other specified area.
- State Penalties: Generally, State laws on growing marijuana are less severe than Federal laws. Penalties will vary from State to State. Like Federal penalties, State penalties will depend on the amount of marijuana being grown. In most states growing marijuana is a felony, although some states have lowered it to a misdemeanor. States that allow the growth of medical marijuana have no penalties for patients or care-givers.
Do I Need a Lawyer If I Have Been Charged with Growing Marijuana?
The penalties for growing marijuana are very severe. If you are arrested for growing marijuana, you risk facing large fines and a lengthy incarceration. You should consult with a criminal defense attorney immediately. They will be able to help you defend yourself against the charges. Additionally, your attorney will be familiar with your State's particular laws. You attorney may also be able to help reduce your sentence.
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Last Modified: 04-11-2014 02:37 PM PDT
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