The manufacturing of drugs is often referred to as cultivation. In the marijuana trade, cultivation involves growing and processing plants that naturally produce controlled substances (like THC) to produce illegal drugs like weed, shatter, or hash. However, the term “cultivation” is not limited to marijuana. Opium, cocaine, peyote, and other intoxicating or hallucinogenic plants also require cultivation, as this it the process that turns these plants into drugs.
The law treats cultivation of drugs much more severely than simple possession. While cultivation may seem similar to possession, the law sees cultivation as akin to manufacturing and distributing a controlled substance. While common sense tells us that someone who cultivates drugs doesn’t always intend to distribute them to other people, the law does not take this into consideration. A person who grows a few marijuana plants for personal use could receive the same charge as someone growing 100 plants to sell to others.
If you’ve been accused of cultivation, don’t wait to align yourself with a drug crime defense attorney. Contact us at Berry Law for a consultation. Call (402) 466-8444 to get started.
Defense Against Cultivation Charges
Berry Law has represented individuals charged with cultivating in open fields, homes, and business properties. To convict someone of cultivation, a prosecutor must prove that the accused intended to cultivate illegal drugs without the proper legal authority to do so. When arrest an individual for cultivation, law enforcement officers look for the following types of evidence:
- Opium or marijuana seeds
- Electric grow lights
- Large quantities of plants and trimmings
A criminal defense attorney will often first challenge cultivation charges based on the legality of the search. To search a home or business, police must obtain a warrant or another form of lawful consent. In some cases, law enforcement uses an exception to the warrant requirement (such as exigent circumstances) to search a home or property.
Penalties Upon Conviction
At Berry Law, we have represented individuals charged with cultivation in both state and federal courts. In Nebraska state court, the penalty for cultivation is up to 20 years in prison. In federal court, the penalties for cultivation are based on the amount of marijuana grown. The cultivation of a smaller crop of marijuana (100 kilograms or more) can carry a penalty of up to 20 years in prison. A more complex cultivation operation of 1,000 kilograms of marijuana or more, commonly charged as a marijuana conspiracy, carries a term of 10 years to life imprisonment.
Contact Our Cultivation Defense Attorneys in Nebraska
Our Nebraska drug crime lawyers relentlessly defend the Constitutional rights of every client we represent. We fight to protect individuals from unlawful searches and seizures by law enforcement. If evidence was unlawfully obtained, it may not be admissible in court, resulting in the dismissal of the case.
In instances when evidence is overwhelming, the citizen accused may choose to plea bargain. Sometimes this includes pleading to reduced charges or enter drug treatment programs. If you or a loved one has been charged with cultivation in the state of Nebraska, contact Berry Law.