Some aspects of certain drug crimes are illegal and subject to both state and federal penalties. For instance, illegal cultivation and manufacturing may be considered felonies according to state and federal laws. How Colorado residents who are accused of such crimes fight their cases could mean the difference between maintaining their freedom and spending years behind bars.
When it comes to cultivation — specifically in regard to marijuana — it may not be illegal if the individual cultivating the product has all the right permits to do so. This is a drug that is legal in the state, but that does not mean just anyone can grow and distribute it. Non-medical users can grow their own for personal use, but they cannot have more than six plants. Anyone found with more than that or found to be selling the product illegally could face felony charges.
When it comes to manufacturing, there are certain elements that must exist in order for a person to be successfully convicted on this type of charge. He or she must be found with the drug, or supplies to make a certain drug, and must have the intention to manufacture it. All that is really necessary for a prosecuting attorney to prove intent to manufacture is having the equipment to mass produce the drug.
At the state or federal level, felony charges can be a challenging fight. It does not mean it is impossible. Those in Colorado who are charged with felonies in regard to illegal cultivation or manufacturing may have a number of defense strategies available to them. A skilled attorney can review one’s case and help one choose a legal course that will help achieve the best outcome possible.
Source: FindLaw, “Drug Manufacturing and Cultivation“, Accessed on Feb. 6, 2018