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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

Russell W. DeMent III

Criminal Defense Lawyer

(919) 833-5555

Raleigh 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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CRIMINAL DEFENSE SUCCESS

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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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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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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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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Not Guilty of DWI with Serious Collision; LEO Failed to Gather Specific Information from Driver Taken to Hospital with BAC of .17

February 12, 2019

Client charged with driving while impaired. LEOs respond to a serious collision where someone being taken to the hospital in EMS vehicle upon troopers arrival. The vehicle had flipped 2 times and landed in the median. Based upon information obtained at the scene, the LEO finds my client in the hospital with injuries consistent with…

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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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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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