The Cultivation of Illegal drugsThe Cultivation of Controlled substances. 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 controlled substances. Examples of plants that are classified as illegal drugs 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 for you to cultivate or grow them; however, the cultivation of drugs usually carries even more serious charge than mere possession. This is because cultivation of drugs is often tied to an intent to distribute the substances or drugs, ignoring the paradox that possession of a drug doesn't always mean that the person is intending to distribute the substances.
Read more: Drug DistributionCultivation of Illegal Drugs PenaltiesWhere simple possession of drugs in the first crime of low drug weight can sometimes result in misdemeanor charges, punishable by fine and a jail sentence of below 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 arrested 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 of Illegal Drugs DefenseCultivation 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 controlled substances without legal authorization. Thus, if the police search a person's home and find the necessary tools and utensils-- opium seeds, electronic growing lights, plants in large quantities-- it may be strong enough evidence to arrested for 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 reasoned circumstantial evidence implicating people who are innocent through indirect involvement.
See more:Nebraska Drug Charges? | 402-807-2900 | What's a User Amount?Cultivation of Controlled Substances Lawyer in NebraskaUpon accepting a client, the Stockmann Law group of dedicated individuals will vigorously prepare the case and explores every avenue to keep you from prison. They are aggressive in defending your legal 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 police during surveillance operations and the execution of a search warrant. Now, 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.