Phoenix Cultivation Attorney

Arizona prohibits the cultivation of marijuana unless it is in compliance with the Arizona Medical Marijuana Act. According to Arizona Revised Statute (ARS) 36-2894-02, patients and caregivers who register and qualify may cultivate marijuana in accordance with said statute. According to subsection (f), a registered person may cultivate medical marijuana:

  • A designation as to who will be allowed to cultivate marijuana plants for the qualifying patient’s medical use if a registered nonprofit medical marijuana dispensary is not operating within 25 miles of the qualifying patient’s home.

Other than the person who is registered with the ADHS, it is illegal to cultivate marijuana in Arizona. If you were arrested for cultivating marijuana, you are advised to obtain legal representation immediately to protect your rights. Attorney Jeremy Geigle represents clients who have been accused of marijuana cultivation in Phoenix, Tempe, Mesa, Glendale, Scottsdale, Chandler and in the surrounding areas.

Phoenix Penalties for Illegal Marijuana Cultivation:

A marijuana cultivation conviction imposes a mandatory jail sentence. It is important to understand that a defendant convicted of cultivating marijuana is not afforded the benefits of Proposition 200, which allows the defendant to avoid incarceration by participating in a drug treatment program. Arizona Revised Statute 13-3405 prohibits the cultivation of marijuana.

Penalties are assessed accordingly:

  • Less than 2 pounds: Class 5 felony,
  • Prison: 2 ½ years, maximum
  • Fines: $750 – $150,000
  • At least 2 pounds but not more than 4 pounds: Class 4 felony,
  • Prison: 1 – 3.75 years
  • Fines: $750- $150,000
  • More than 4 pounds: Class 3 felony,
  • Prison: 3 – 12.5 years
  • Fines: $750-$150,000

Other sanctions may include, or replace sentencing when ordered by the court:

  • Probation
  • Counseling
  • Drug testing
  • Community service
  • Other

Legal Strategies Used to Defend Phoenix Cultivation Charges:

If you are charged with cultivation, your Arizona cultivation defense attorney will scrutinize the facts of the case with the goal of an immediate dismissal whenever possible. Attorney Jeremy Geigle has represented thousands of clients throughout his career and understands the importance and value of meticulous case analysis. There are often police improprieties in the area of search and seizure; due process must be followed for a legitimate search. Issues may involve lack of probable cause, a warrantless search, client not being read his or her Miranda Rights and therefore not being advised that his or her statements to the police may be used against him or her in court, to name a few. If evidence is obtained in violation of proper procedure, the evidence may be suppressed; this often results in an immediate dismissal due to lack of evidence. It is essential to remember not to speak with anyone other than your attorney.

Free Consultation with Phoenix Cultivation Defense Lawyer:

Attorney Jeremy Geigle offers a free case evaluation to those who have been charged with cultivation and other drug offenses. At your consultation you will have a personal one-on-one conversation with Attorney Geigle and you will be able to ask him questions about your case. He will be able to give you his professional opinion and help you to understand the options that may be available to you; you will be in a better position to understand how to proceed. There is no obligation for this consultation. Attorney Geigle offers financing to clients. To schedule your case evaluation, call Attorney Jeremy Geigle of Jackson White Attorneys at Law: 480-818-8843.

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