The Philadelphia area is too cold during much of the year for the cannabis plant to grow naturally, but many people grow it in their homes or other buildings using hydroponic equipment or other means. The mere possession of marijuana is illegal in Pennsylvania, even for medical purposes, and the cultivation of marijuana can result in even worse penalties.
Philadelphia Marijuana Cultivation Lawyer
If you are arrested for marijuana cultivation, your attorney can argue to suppress illegally obtained evidence and fight to have your charges reduced or dismissed. At Alva & Shuttleworth, LLC, you can find Philadelphia marijuana cultivation lawyers who will stand up to prosecutors. We will zealously advocate for you, calling the prosecution's evidence into question and vigorously cross-examining their witnesses. Call us today at (215) 665-1695 to set up a consultation to discuss your marijuana cultivation charges.
We represent those accused of marijuana cultivation throughout the Philadelphia area, including in Bucks County, Delaware County, Montgomery County, and Chester County, as well as in New Jersey.
Pennsylvania Cannabis Cultivation Issues
- Cultivation of Marijuana Charges in Pennsylvania
- Punishment and Amounts of Marijuana Grown in Philadelphia
- Marijuana Cultivation Defense in Pennsylvania
It is illegal to grow or cultivate the marijuana plant in Pennsylvania. This includes growing one plant for personal use. Additionally, you could face charges of possession with intent to deliver. The more pot a person is growing, the larger the assumption is that the person was growing it to sell or traffick.
Marijuana, unlike many other illegal substances, is grown instead of manufactured. However, if accused of cultivating marijuana plants, the charges you might face will be same as though you were manufacturing another illegal drug.
Under Pennsylvania law, the amount of marijuana prosecutors can prove you are growing determines the range of penalties you may receive, with mandatory minimum sentences triggered at certain amounts. The sentence may depend on the number of the plants or on the weight of the plants. If determined by weight, prosecutors will use the whole plant — even the roots and other sections of the plant not normally ingested, smoked, or otherwise used.
If you are growing any very small amount for personal use, you may face only mere possession charges for a small amount. Possession of a small amount of marijuana is a misdemeanor that can result in up to 30 days in jail and a fine up to $500.
If you are charged with either possession of any amount of marijuana between 2 pounds and 10 pounds, or possession of 10 to 21 live plants, you face a mandatory minimum of one year in prison and a fine of at least $5,000. For a second such offense, the minimum doubles to two years in prison and a $10,000 fine.
An even higher mandatory minimum is triggered for possession charges involving either 10 to 50 pounds, or 21 to 51 live plants. At these amounts, the mandatory minimum sentence is three years in prison, and a fine of $15,000. A second offense leads to a minimum four years in prison and a $30,000 fine.
For any amount of marijuana above either 50 pounds or 51 live plants, you will face a mandatory minimum sentence of five years in prison, along with a $50,000 fine.
Some people may be able to grow marijuana outside in the Philadelphia area during summer months, but most people who cultivate weed in the region utilize either “growhouses” and/or hydroponic equipment. To prove marijuana cultivation, police usually have to raid the home or building containing the marijuana plants, and such a raid usually requires a warrant.
At Alva & Shuttleworth, LLC, our Philadelphia marijuana defense lawyers will carefully scrutinize the procedures and steps taken by police. Any mistake on their part could lead to the evidence they find being suppressed, would could lead to the charges being reduced or discharged.
Representing Marijuana Growers in Pennsylvania
An aggressive Philadelphia marijuana cultivation lawyer from Alva & Shuttleworth, LLC will fight for you, challenge the prosecution’s evidence, and seek to have your charges reduced or dismissed. If you are seeking a tough attorney for marijuana growing charges, call us today at (215) 665-1695 to set up a consultation.