Today we’re going to talk about the criminal offense, cultivation of marijuana. The state of Maine looks at the number of plants you’re growing to determine whether or not it’s a misdemeanor or a felony case. For example, if you’re growing 5 or fewer plants it’s a class “E” misdemeanor. Between 6 and 99 plants, it’s a class “D” misdemeanor. However, when you hit that magic number of 100 plus plants you are now in the category of a felony offense. Now, why is this important? Well, you might be close to the number, and what’s important to remember is it’s the number of root systems that those plants are attached to.
Now, common questions that I get from people include the following: what about the sex of the plant? The sex of the plant plays no determination in the analysis of whether or not it constitutes a plant with its own root system nor does the maturity of the plant. If it hasn’t shown a sex yet, it’s still considered to be marijuana. But don’t they look at the yield from those plants to determine whether or not it should be a felony? Absolutely not. They only look at the number of plants.
Common things or common themes that occur in these cases include: do the police need a search warrant? Can a person in the house that lives with me, authorize the police to search the house? Can my roommate allow the police access into my room to search for it? Can the police search my vehicle? There are a lot of search and seizure issues that come up in these marijuana cultivation cases. Oftentimes the marijuana is grown outside, especially when we start talking about large quantities of plants, but there are a lot of growers that try and grow their crops in the basement or maybe in the attic and then the police are then having to go and get a search warrant.
If you’ve been investigated for or charged with cultivation of marijuana or aggravated cultivation of marijuana or any drug crime for that matter, please pick up the phone. Call my office. I’d love to speak with you about the case. There are a lot of nuances to defending drug case. You need to understand not only the case law, but how the factual scenarios can play out, either to your benefit or your detriment. Again, if you’ve been charged with a drug crime, please call my office. I look forward to speaking with you soon. Thank you.
If you are facing criminal charges in Maine, the attorneys at The Maine Criminal Defense Group are here to help. Call our office to speak with
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