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CULTIVATION OF CANNABIS

CULTIVATION OF CANNABIS

According to 18 Pa. Cons. Stat. § 7508, cultivating marijuana is subject to certain mandatory minimum sentences and fines, depending on the weight of the marijuana or the number of live plants. This means the court is required to impose at least the minimum statutory sentence and cannot give any convicted offender a lighter sentence. However, the court can sentence a convicted offender to penalties that are greater than the statutory minimum mandatory provisions.

If you have been arrested for any cultivation or growing marijuana offense, contact an experienced criminal defense attorney at the Skinner Law Firm to discuss the facts of your case.

Cultivation of Marijuana Attorney in West Chester, PA

If you have been charged with cultivating or growing marijuana in West Chester, PA, Michael J. Skinner of the Skinner Law Firm will hear your side of the story and will make every effort to help you identify applicable defenses or mitigating factors to have your charges reduced or even dismissed. Call the Skinner Law Firm at (610) 436-1410 for a consultation about your alleged marijuana crime today.


Cultivation of Marijuana under Pennsylvania Law

If an alleged offender is caught with nine or less cultivated and live marijuana plants in Pennsylvania, the arresting officers may determine the weight of the marijuana plants by using any certified scale convenient to the place of arrest in order to determine the weight of the growing marijuana plant.

The whole plant, including the root system, is considered when determining the aggregate weight of the marijuana plant. However, the aggregate weight does not include any substance that is not a part of the growing plant. This means the root system can be used to determine how much the plant weighs, but not any soil that may be attached to the roots.


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Cultivating or Growing Ten to 21 Live Marijuana Plants

If a person is charged with growing or cultivating marijuana, and the amount is at least ten live plants, but less than 21 live plants, the alleged offender could face at least one year in prison and a $5,000 fine. The amount of the fine can increase to amount equal to the proceeds resulting from the illegal activity.

If the defendant has previously been convicted of any other drug, marijuana or controlled substance trafficking or cultivation offense their minimum mandatory penalties will increase upon sentencing. A second offense is punishable by a minimum prison sentence of two years and a $10,000 fine. The fine amount may increase to an amount equal to the proceeds resulting from the illegal activity.


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Cultivation of 21 to 51 Live Marijuana Plants

If a person is charged with growing or cultivating marijuana, and the amount is at least 21 live plants, but less than 51 live plants, the alleged offender could face at least three years in prison and a $15,000 fine. The amount of the fine may increase in order to equal the proceeds resulting from the illegal marijuana growing activity.

If the defendant has previously been convicted of any other drug, marijuana or controlled substance trafficking or cultivation offense their minimum mandatory penalties will increase upon sentencing. A second offense is punishable by a minimum prison sentence of four years and a $30,000 fine. The fine amount can possibly be increased to an amount equal to the proceeds resulting from the illegal marijuana activity.


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Cultivating or Growing 51 Live Marijuana Plants or More

If a person is charged with growing or cultivating marijuana involving at least 51 live plants, the alleged offender could face at least five years in prison and a $50,000 fine. The amount of the fine may increase in order to equal the proceeds that resulted from the illegal marijuana growing activity.


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Cultivating Two to Ten Pounds of Marijuana

If a person is charged with growing or cultivating marijuana, and the amount is at least two pounds but less than ten pounds, the alleged offender could face at least one year in prison and a fine up to $5,000. The amount of the fine may increase to an amount equal to the proceeds resulting from the illegal marijuana activity.

If the defendant has previously been convicted of any other drug, marijuana or controlled substance trafficking or cultivation offense their minimum maximum penalties will increase upon sentencing. A second or subsequent offense is punishable by at least two years in prison a fine of $10,000. The amount of the fine may increase to an amount equal to the proceeds that resulted from the illegal activity.


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Cultivating Marijuana Between Ten and 50 Pounds

If a person is charged with growing or cultivating marijuana, and the amount is at least ten pounds, but less than 50 pounds, the alleged offender could face a minimum of three years in prison and a fine of $15,000. The amount of the fine may increase to amount that equals the proceeds resulting from the illegal marijuana activity.

If the defendant has previously been convicted of any other drug, marijuana or controlled substance trafficking or cultivation offense, their minimum maximum penalties will increase upon sentencing. A second offense is punishable by a minimum of four years in prison and a fine of $30,000. The fine amount can be increased to an amount that equals the proceeds resulting from the illegal marijuana activity.


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Cultivating 50 Pounds or More of Marijuana

If an individual is charged with allegedly growing or cultivating marijuana involving at least 50 pounds, the alleged offender could face a minimum sentence of five years in prison and a fine of $50,000. The fine amount may increase in order to an amount equal to the proceeds resulting from the illegal marijuana growing activity.


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Pennsylvania Punishments with a Previous Trafficking or Cultivation Conviction

The minimum penalties and punishments for cultivating marijuana offenses basically double if the individual has any prior convictions for a drug, controlled substance or marijuana trafficking or cultivation offense. These offenses are listed in sections 13(a), (14), (30) or (37) of The Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, and can also include similar offenses under another state’s statute or any statute of the United States, whether or not a sentence has been imposed regarding the prior offense.


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Working with an Experienced Marijuana Grow House Lawyer in Pennsylvania

If you have been arrested and charged with cultivating marijuana in Chester County, Pennsylvania, contact the Skinner Law Firm today for a free consultation about your alleged marijuana offense. Michael J. Skinner is an experienced lawyer for marijuana crimes in West Chester who will make every effort to help you avoid the most serious penalties and repercussions to the allegations against you. Call (610) 436-1410 for a consultation about your alleged marijuana crime in Chester County and Delaware County in Pennsylvania.

This article was last updated on Friday, January 15, 2016.

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