CULTIVATION

Marijuana Cultivation

Indoor marijuana cultivation is a multi-billion dollar enterprise. While most assume profits are the driving force behind growing pot, medical use has lead otherwise law-abiding citizens to grow their own supply. The DEA and Drug Task Forces use clever investigative tools and surveillance to find and raid suspected grow houses--regardless of the accused grower's purpose.

In November of 2016, Moore County deputies served a search warrant related to a larceny-of-power investigation. A 700-pound transformer had been installed to siphon power from the grid for the grow house. A total of 109 marijuana plants were seized weighing 606 pounds. The street value was estimated at $2,121,000. The resulting charges included trafficking of marijuana manufacturing of marijuana, felony possession of marijuana, felony maintaining a dwelling to store a controlled substance, possession of drug paraphernalia, felony larceny and property damage.

Growing even a small amount for personal use can still result in serious consequences. Cultivation of fewer than 10 pounds of marijuana is a class I felony punishable by up to two years imprisonment and a discretionary fine for a first offense.

North Carolina Marijuana Cultivation Penalties

As many other states vote to make marijuana legal for recreational and/or medical purposes, pot remains illegal in North Carolina. The particulars of each case are especially relevant to the outcome of your case. North Carolina General Statutes § 90-95 sets for the following penalties for cultivation of marijuana.

  • Ten pounds - Penalties include a potential prison sentence of up to 24 months.
  • Between ten and 50 pounds - Penalties include a fine of at least $5000 and a mandatory minimum prison sentence of 25 months (and up to 39 months).
  • Between 50 and 2,000 pounds - Penalties include a fine of at least $25,000 and a mandatory minimum prison sentence of 35 months (and up to 51 months).
  • Between 2,000 and 10,000 pounds - Penalties include a fine of at least $50,000 and a mandatory minimum prison sentence of 70 months (and up to 93 months).
  • 10,000 pounds or more - Penalties include a fine of at least $200,000 and a mandatory minimum prison sentence of 175 months (and up to 222 months).
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Rusty DeMent in his office in Downtow Raleigh

Russell W. DeMent III

Criminal Defense Lawyer

(919) 833-5555

Raleigh & Morehead City Marijuana Cultivation Defense Attorney

As the amount of marijuana increases, so do the potential penalties. You could lose your job and struggle to get a new one with a conviction on your record. If you hold a professional license, you can expect it to be canceled if you're convicted. The result of your case depends on the specific circumstances involved. Previous arrests and/or convictions, as well as the amount of drugs you had, can affect your sentence greatly.

It is critical that you have a strong legal defense in you are facing criminal charges for growing marijuana. DeMent Askew & Johnson has the depth of understanding and experience you'll need to get the best possible results. Don't delay to contact us! No good will come from your being questioned or interrogated about marijuana cultivation without defense counsel present.

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(919) 833-5555

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333 Fayetteville Street, #1513
Raleigh, NC 27601-2950

MOREHEAD CITY OFFICE:
810 Arendell Street
Morehead City, NC 28557

CRIMINAL DEFENSE SUCCESS

NOT GUILTY ON DWI

September 13, 2022

Defendant was found asleep in the driver’s seat of his vehicle while his car was in the middle of the road. When he was found, his license was currently suspended for multiple prior DWI offenses. He was awakened by officers and asked to do standardized field sobriety tests. The defendant performed poorly on each of…

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7th Offense; Sentence reduction of 75%

June 4, 2019

Defendant charged with 2 counts of habitual impaired driving on his 7th total offense.  Were able to negotiate a plea consolidating the sentence to one term of 28 months in prison where he was facing the potential for 10 years or more.

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NOT GUILTY ON POTENTIAL AGGRAVATED LEVEL ONE DWI

September 13, 2022

The defendant was stopped for speeding on the interstate by North Carolina State Highway Patrol. When the troopers approached the vehicle, they immediately noted smelling a strong odor of alcohol and cigarette smoke. They also noticed that there was a child in the car. When the troopers ran the defendant’s information, they discovered that he…

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NOT GUILTY ON DWI

September 13, 2022

The defendant involved in a wreck on a moped. The defendant was found by emergency responders beside the moped with injuries consistent with being involved in an accident. Defendant was transported to the hospital where law enforcement responded. Upon entering the hospital room officers smelled a strong odor of alcohol and the defendant admitted to…

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Not Guilty DWI – No Probable Cause

March 26, 2019

Client stopped for speeding. LEO smelled odor of MJ about clients person. LEO search revealed burned MJ blunt. Defendant performed poorly on all physical tests but told the officer he suffered from a herniated disk in his lower back. On the horizontal gaze nystagmus (HGN) eye test there were no clues of impairment. A subsequent…

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Driving Too Fast, Moving Too Slow… DWI dismissed

January 6, 2023

The defendant was stopped for travelling 94 MPH in a 65 MPH zone. Upon approach of the vehicle the Trooper claimed to have detected a strong odor of alcohol, as well as noticed slurred speech and red, glassy eyes. Due to these observations the Trooper had the defendant step out of the vehicle to perform…

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NO CONSENT, NO CONVICTION ON DWI

September 13, 2022

The defendant was involved in a single car accident in which he ran off the road and struck a tree. Officers arrived to the scene and conversed with the defendant. The defendant could not remember where he was coming from and admitted to consuming several beers before driving. After conversing with the defendant, officers’ requested…

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FELONY LARCENY CHARGE DISMISSED

September 13, 2022

The defendant was an employee of a department store and was accused of stealing from the store. The store camera’s showed the defendant, who was a cashier, not ringing up several items and placing it in a customer’s basket. The defendant was approached by his store’s loss prevention personnel and provided a detailed confession. Once…

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DWI DISMISSED AFTER UNLAWFUL SEARCH

September 13, 2022

Officers received a call about a suspicious person. When they arrived on the scene, they found the defendant in the driver’s seat of a vehicle with his music turned up loud. They knocked several times, but the defendant did not answer the door. Officers opened the door and engaged the defendant in conversation. During the…

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Evidence Suppressed in DWI Case; Court Holds “No Reasonable and Articulable Suspicion” for Traffic Stop

February 12, 2019

All evidence suppressed in DWI case for an illegal stop where the LEO observed my client pause in a parking lot for 30 seconds before leaving the lot and then crossed a center line during a turn at an intersection. Held “No reasonable and articulable suspicion” for a traffic stop.

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Client found not guilty in DWI case.

June 4, 2019

Defendant had a head-on collision with injuries to both parties. He was given field sobriety tests on the scene of the collision and did not perform well on those tests with the exception of the Horizontal Gaze Nystagmus (HGN) test where he showed no signs of impairment from any central nervous system depressant. He admitted…

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POSSESSION WITH THE INTENT TO SELL OR DELIVER MARIJUANA DISMISSED

January 5, 2023

The defendant was stopped because the tinted windows on his car were too dark. When the officer approached the vehicle, the officer was able to smell a strong odor of marijuana coming from the vehicle. Upon the search of the vehicle a bookbag was located that contained digital scales, plastic baggies, a large quantity of…

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Not Guilty, Refusal Revocation Rescinded; Willful Refusal to Take Breathalyzer Test

February 12, 2019

Client approaches a DWI roadblock. Smells of alcohol and performs ok on field tests though she does so some signs of NHTSA clues of impairment. She admits to drinking and blows positive for presence of alchol on the portable breath test. She is taken to the mobile breath testing bus at the checkpoint. She is…

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No prison sentence for client facing 1 year.

June 4, 2019

Defendant charged with Level 2 DWI with one prior within 7 years. Was facing a potential sentence of 1 year in prison. Defendant attended a treatment program and really changed her life direction while the case was pending. We were able to get the judge to agree to accept the inpatient treatment as credit for…

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71% reduction in jail time acquired.

March 26, 2019

Client charged with level 3 trafficking in opiates which carried minimum mandatory sentencing of a minimum of 225 months (18 years 9 months) in prison. After months of negotiating with the prosecuting attorney and following a lengthy argument to the court, Defendant was sentenced to 65 months (5 years and 5 months) in prison with…

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Guilty Verdict of Less Significant Charges of Driving with License Revoked and Lane Violation; Charges Included DWI, Driving While License Revoked, and Hit and Run; No Jail Time

February 12, 2019

Client charged with DWI, driving while license revoked for impaired revocation, hit and run, and driving left of center. She was found on side of the road in driver’s seat 400 yards from a collision, showed clues of impairment on the field sobriety tests and blew a .10 on the breath test. Found not guilty…

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Defendant charged with 2 counts after his 7th impaired driving offense.

June 4, 2019

Defendant charged with 2 counts of habitual impaired driving on his 7th total offense.  Were able to negotiate a plea consolidating the sentence to one term of 28 months in prison where he was facing the potential for 10 years or more.

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Violent Felony Dismissed

September 13, 2022

The defendant was employed at a fast food restaurant at which a shooting occurred. Upon review of the surveillance footage, officers were able to determine who the shooter was, and they were also able to see the defendant provide the shooter with the gun just moments before the shooting. The defendant was charged with aiding…

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Motion to Suppress and Dismiss Granted for Lack of Probable Cause; No Reliable Evidence Suggesting Impairment After Speeding Stop

February 12, 2019

Motion to suppress and dismiss granted for lack of probable cause to arrest where my client was stopped for speeding, had an odor of alcohol, glassy eyes, admitted to drinking, as well as showed signs of impairment on the field sobriety tests. The court put little weight on the field sobriety tests because the officer…

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Jumping to conclusions… No PC on DWI

January 6, 2023

The defendant was stopped because his tinted windows were too dark. Once the trooper turned on his blue lights, the trooper felt that it took the defendant too long to pull over. The defendant took multiple turns before stopping in a McDonald’s parking lot. According to the trooper, this was a high crime area and…

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