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Not everyone charged with marijuana cultivation has a field of pot plants growing in their backyard. In fact, you don’t even have to have any plants growing to be charged with this crime. Simply possessing the organic materials can lead to a marijuana cultivation charge. For example, it is illegal to own cannabis seeds or the lighting systems that can be used to grow marijuana plants indoors.
Depending on your state’s laws and how much marijuana you were found to be allegedly cultivating, you could also be facing an additional charge: drug trafficking. For example, in Georgia, if you are found with more than 50 pounds of marijuana plants, you can be slapped with a drug trafficking charge.
Georgia’s marijuana cultivation laws make it illegal for you to grow and possess certain plants or other organic materials that are used to produce marijuana. This means that if you are found with cannabis seeds, grow lighting systems, or marijuana plants, you will be charged with marijuana cultivation.
As you can see, the penalties for marijuana cultivation in Georgia are life changing. Not only is your freedom at stake, your bank account can be cleaned out and you will lose your driving privileges. You need an experienced drug-offense attorney on your side at a critical time like this.
Benefits of an Attorney
Any possession, manufacture or distribution of greater than 50 pounds is considered trafficking and all trafficking offenses carry mandatory minimum sentences. For amounts greater than 50 pound but less that 2,000 pounds, the sentence is a minimum of 5 years in prison and a $100,000 fine. For 2,000 pounds to less than 10,000 pounds, the minimum sentence is 7 years in prison and a fine of $250,000. For 10,000 pounds or more, the minimum sentence is 15 years and a $1,000,000 fine.
Distribution or possession within 1,000 feet of any school, park, playground, recreational center or drug free commercial zone is punishable by up to 20 years in prison and a fine of up to $20,000, for the first conviction. A second conviction is punishable by 5 – 40 years in prison and a fine of up to $40,000.
The use of any communication facility, such as a telephone or radio, during any drug felony may add 1 – 4 years to the sentence and a fine of $30,000.
Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.
Professional licenses can also be suspended upon a drug conviction.