Although medical marijuana has been decriminalized, marijuana manufacturing for recreational use or outside the medical marijuana guidelines remains illegal. If you are charged with marijuana manufacturing in Arizona, you should take it seriously and consult a marijuana crime lawyer. The sentencing may be severe if the amount cultivated is large or if you have one or more prior felony convictions. Phoenix marijuana manufacturing attorney James Novak can provide knowledgeable, aggressive representation to people facing drug charges.Marijuana Manufacturing
The manufacturing or cultivation of marijuana under A.R.S. section 13-3405, except as permitted by the medical marijuana law, is a felony. Often, marijuana is grown at home in an indoor hydroponic garden or in the backyard.
Sentencing is based on how much the marijuana being cultivated or manufactured weighs when dried. Sentencing usually involves six months to 2.5 years of imprisonment when the amount of marijuana is less than two pounds. The maximum fine is $150,000. When 2-4 pounds is being manufactured, the prison term will likely be between one and 3.75 years. If you are caught manufacturing more than four pounds, the prison term will likely be two to 8.75 years.
In some cases, for a first offense, you may be able to obtain first-time offender probation rather than prison time. However, as you can see, the term of incarceration increases as the quantity of marijuana that is being cultivated or manufactured grows greater. The sentence also increases with prior felony convictions, with the mandatory minimum prison term increasing with a greater number of priors or when there are other factors involved, such as the involvement of a minor or growing in a school zone.
In some cases, marijuana manufacturing is just one of several charges. For example, you might be charged with marijuana manufacturing as well as possession, sales, trafficking, or another offense involving handguns or property damage. Sometimes a drug paraphernalia charge is added to a marijuana manufacturing charge. You may be charged with a Class 6 felony for possessing, advertising, selling, or making items used to grow, use, or sell marijuana, such as growing kits, scales, or sifters. Our marijuana manufacturing lawyer can help Phoenix residents and other defendants fight these types of charges.
You should also be aware that if you do not comply with the Arizona Medical Marijuana Act, you may be prosecuted for marijuana manufacturing. This means that if you possess or are growing more than the allowable amount under the AMMA, you probably will not be protected from prosecution, even if you have a card.
You should not assume that a conviction is a foregone conclusion, however. You may be able to raise a number of procedural or substantive defenses. For example, if you have an indoor grow room, and the police officer did not have probable cause to get a search warrant, you may be able to get evidence that was seized under an improper search warrant thrown out. Like other crimes, marijuana manufacturing must be proven beyond a reasonable doubt. This is a difficult burden for a prosecutor, and it becomes particularly difficult to clear when there are procedural errors that call for the suppression of key evidence.
Sometimes, people are charged with marijuana manufacturing even if they did not know that marijuana was being grown, turned into hash, or otherwise manufactured. For example, if a tenant is growing marijuana in the backyard, you may be unaware of it as the landlord or a roommate.Consult a Marijuana Manufacturing Attorney in Phoenix
Marijuana manufacturing is taken seriously by prosecutors in Arizona. However, a drug charges attorney who is knowledgeable about marijuana manufacturing charges may alter or improve the outcome of your case. When arrests are made improperly, Miranda warnings are not provided, or another mistake is made in the investigation or handling of the charges, you can turn those procedural errors to your advantage. Our principal is a former prosecutor with substantial experience in drug charges. Contact Phoenix marijuana manufacturing lawyer James Novak at (480) 413-1499 or via our online form for a free appointment. He represents people in cities such as Tempe, Mesa, Chandler, Gilbert, Scottsdale, and other areas of Maricopa County.