Although the manufacturing of cannabis may not take place in a laboratory the same way methamphetamines are produced, the cultivation of cannabis is a serious offense. Due to its Schedule I classification, arrests stemming from marijuana related offenses tend to result in felony charges.
If you have been arrested and accused of growing marijuana, you are undoubtedly under intense pressure. Consulting with an experienced drug defense attorney in Madison County could help alleviate some of your stress, while also giving you a legitimate chance of making it through the legal process without suffering devastating consequences.
Madison County AL Marijuana Cultivation Defense Lawyer
If you have been charged a cannabis related offense, the attorneys at Law Offices Of Segal & Segal are well equipped to handle your case. Andrew and Sandra Segal are former prosecutors who now provide quality legal representation for clients facing marijuana charges in Madison, Decatur, Huntsville, Trinity, Athens, Madison County, Jackson County, Limestone County, and the surrounding areas. Contact us today at (256) 533-4529 to schedule your free consultation.
Information Center for Alabama’s Marijuana Cultivation Laws
- Criminal Code Regarding Manufacturing Cannabis
- Enhanced Charges for Marijuana Cultivation Offenses
- What are the Penalties for Cultivating Cannabis in Madison County?
According to section 13A-12-217 of the Alabama Code, an individual can be charged with a Class B felony if he or she unlawfully manufactures marijuana, or possesses any amount of the necessary precursor materials or substances to manufacture marijuana.
This means that if an individual has the necessary material to cultivate marijuana, he or she can be charged with a criminal offense, even if he or she had not actually started or completed the process.
An individual who cultivates marijuana can face enhanced charges in Madison County if two or more of the following factors were present during the commission of the offense:
- A firearm was present
- The structure, building, or location where marijuana was being cultivated was bobby trapped
- The possession, transportation, or disposal of dangerous or hazardous materials creating a substantial risk to human health or safety
- The cultivation of marijuana took place within 500 feet of a residence, business, church, or school
- The operation led to the actual production of marijuana
- An individual under the age of 17 was present during the commission of the offense
In most cases, when these conditions are present, charges will be upgraded to a Class A felony, which carries the potential for a substantial increase in potential penalties.
A Class B felony offense of manufacturing cannabis is punishable by up to between two to 20 years in prison, along with a fine of up to $30,000. If the offender faces enhanced class A felony charges, he or she could be sentenced to 10 to 99 years, or life is prison, and a fine of up to $60,000.
No matter how bad the situation may look, a defense attorney with adequate experience may be able to find mitigating factors that could lead to a reduction in your charges or penalties. If you are charged with a felony marijuana crime, don’t hesitate to contact a Huntsville marijuana cultivation defense attorney at our firm today.