Cultivation of drugs is comparable to manufacturing them. Drug cultivation laws are generally categorized under or along with drug manufacturing laws and involve growing, producing, or processing plants with naturally developing substances utilized in the production of illegal drugs. Some specimens of plants that are classified as controlled substances are marijuana, opium, cocaine, and some other kinds of intoxicants or hallucinogenic plants.
Cultivation of drugs, it must be kept in mind, is not the same as drug possession, though it usually involves some of the same components as possession, considering the person must possess the substances for them to cultivate or grow them; however, the cultivation of drugs primarily brings far more serious charge compared to mere possession. This is because cultivation of drugs is usually associated to an intent to distribute the drugs or substances, ignoring the paradox that possession of a drug does not consistently mean that the particular person is intending to distribute the substances.
Cultivation Penalties
Where plain possession of drugs in an initial offense of low drug weight can sometimes lead to misdemeanor charges, punishable by a fine and a jail sentence which will be determined by the judge. The terms of the sentence are set by the quantity and type of drug cultivated, but if you are caught cultivating or growing marijuana in Kansas, you can anticipate to pay a fine of up to $500,000 and spend a maximum of 17 years in prison. Selling within 1,000 feet of a school zone, can also impact the penalties.
Cultivation Defense
Cultivation charges can be defended. The prosecution should prove that: 1) the suspect had the materials on his/her person during the time of arrest, and 2) stated individual intended to cultivate illegal drugs without appropriate authorization. Hence, if the police search a person’s home and find the needed tools and utensils– opium seeds, electronic growing lights, plants in large quantities– it may be strong enough proof to charge with the cultivation drugs with the intention to distribute. This is a great point to test and challenge the actions on grounds of rights violations, in which wrong assumptions could have been drawn from circumstantial evidence implicating individuals who are innocent through indirect involvement.
Cultivation Lawyer in Kansas
Upon accepting a client, Kansas lawyers and attorneys will prepare and uncover every aspect of the case to keep you far from prison. They are zealous in defending your rights and are well equipped to take care of drug crime cases for their clients.
