Cultivation of drugs is the same as to manufacturing them. Drug cultivation laws are generally categorized under or along with drug manufacturing laws, and involve developing, producing, or processing plants with naturally developing substances utilized in the production of illegal drugs. Some types of plants that are classified as controlled substances include 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 a possession, considering the person must possess the substances for them to cultivate or grow them; nevertheless, the cultivation of drugs primarily brings far more serious charge compared to plain possession. This is because cultivation of drugs is usually connected 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 materials.
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 of less than one year, possession or cultivation with the intent to distribute is charged as a felony. The terms of the sentence are set by the quantity and type of drug cultivated, but if you are caught cultivating or growing any amount of marijuana in New Mexico, you can anticipate to pay a fine of $10,000 and spend a maximum of 9 years in prison. If you are caught the second time, expect to pay a higher fine of $ 15,000 and stay in prison for 18 years. Selling within drug-free school zone, will also land you the same punishment of 18 years imprisonment and fines of $15,000.
Cultivation Defense
Cultivation charges can be defended. The prosecution should verify 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 tough enough evidence to charge with the cultivation drugs with the intention to distribute. This is a great point to test the actions on grounds of rights violations, in which wrong verdicts could have been drawn from circumstantial evidence implicating individuals who are inculpable through indirect participation.
Cultivation Lawyer in New Mexico
Upon accepting a client, New Mexico lawyers and attorneys will get ready the case and uncover every point to keep you far away from lockup. They are aggressive in defending your rights and are well equipped to work with drug crime cases for their clients.
