Illegally cultivating marijuana in the state of Maine can carry serious consequences.
If the number of marijuana plants involved with a cultivation charge is less than five, the defendant will face a Class E crime and minor penalties.
The penalties increase for the Class D crime of cultivating more than five but fewer than 100 plants.
Cultivating more than one 100 marijuana plants but fewer than 500 will be charged as a Class C crime, and more than 500 plants will result in Class B penalties.
As with other drug crimes, the specific penalties will depend on the circumstances of the arrest and other factors as well.
The maximum sentences for this class of crimes are as follows:
- Class E: A jail sentence of up to 6 months and/or up to $1,000 in fines.
- Class D: A jail sentence of up to 1 year and/or up to $2,000 in fines.
- Class C: A jail sentence of up to 5 years and/or up to $5,000 in fines.
- Class B: A jail sentence of up to 10 years and/or up to $20,000 in fines.
Other factors that can add to your sentence include your criminal history and any past drug-related convictions.
If a vehicle is used in any form of the cultivation process, license suspension can also be added to the sentence.
Marijuana cultivation can also lead to other drug charges too.
Possession of large amounts of any drug will lead police to suspect intent to sell or trafficking.
Drug Trafficking is defined as “To sell, barter, trade, exchange or otherwise furnish for consideration”.
Possession of over one pound of marijuana can lead to drug trafficking charges and the penalties are even greater if you are cultivating it as well.
As with other criminal offenses, there are several factors that can increase the penalties for a marijuana cultivation charge. These include:
- The offender owns, carries, uses or possesses a firearm at the location of the cultivation
- A minor under the age of 18 is involved in the cultivation process
- The cultivation takes place in or within 1,000 feet of a school zone
