Cultivation of drugs is akin to manufacturing them. Drug cultivation laws are usually classified under or alongside drug manufacturing laws, and involve growing, producing, or processing plants with naturally occurring substances used in the production of illegal drugs. Examples of plants that are classified as controlled substances include: marijuana, opium, cocaine and other types of intoxicants or hallucinogenic plants.
Cultivation of drugs, it should be noted, is not the same as drug possession, though it usually involves some of the same elements as possession, since the person must possess the substances in order to cultivate or grow them; however, the cultivation of drugs usually carries far more serious charge than mere possession. This is because cultivation of drugs is often tied to an intent to distribute the drugs or substances, ignoring the paradox that possession of a drug doesn’t always mean that the person is intending to distribute the substances.
Where simple possession of drugs in a first offense of low drug weight can sometimes result in misdemeanor charges, punishable by 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 amount and type of drug cultivated, but if you are caught cultivating marijuana in Nebraska, you can expect to pay a fine of $10,000 and spend a maximum of 20 years in prison. Selling within 1,000 feet of a school, within 100 feet of a youth center, public pool, video arcade, or while possessing a firearm, can increase penalties exponentially.
Cultivation charges can be defended. The prosecution must prove that: 1) the suspect had the materials on his/her person at the time of arrest; and 2) said person intended to cultivate illegal drugs without legal authorization. Thus, if the police search a person’s home and find the necessary tools and utensils—opium seeds, electric growing lights, plants in large quantities—it may be strong enough evidence to charge with the cultivation drugs with the intent to distribute. This is a good point to challenge the actions on grounds of rights violations, where incorrect conclusions could have been drawn from circumstantial evidence implicating people who are innocent through indirect involvement.
Cultivation Lawyer in Nebraska
Upon accepting a client, the Stockmann Law team of dedicated individuals will vigorously prepare the case and explore every avenue to keep you from prison. They are aggressive in defending your rights. If your intent has been established, then attorney Dan Stockmann will go the extra mile to work with private investigators and forensic experts in closely examining the backgrounds of the arresting officers, the informants used, and the actions taken by law enforcement during surveillance operations and the execution of a search warrant. At this point a verdict of guilty might not be obtained, but you may make you eligible for deferred entry of judgment, drug court, or other drug programs.