Marijuana Cultivation Charges in Massachusetts
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Under the Massachusetts Medical Marijuana Act, cultivation of marijuana is expressly permitted if a person is properly registered to do so, and the cultivation does not exceed the amount necessary to yield a sixty-day supply of medical marijuana for the patient’s personal or medical use. However, the cultivation of marijuana may become unlawful where the defendant produces or cultivates
- (1) more than a sixty-day supply or
- (2) any quantity of marijuana for nonpersonal use.
An individual who is a registered qualifying patient is permitted to produce a sixty-day supply of medical marijuana. A “sixty-day supply” is based on what the patient would be expected to need over a period of 60 calendar days for the patient’s personal medical use. This usually means up to 10 ounces of usable marijuana.
A sixty-day supply may be greater than 10 ounces if the individual’s certifying physician has certified the amount that the individual needs and the reasons why.
Under the Massachusetts Medical Marijuana Act, the cultivation of medical marijuana is expressly permitted if a person is properly registered to do so, and the cultivation is for the patient’s personal use. An individual is prohibited from cultivating with the intent to distribute rather than solely for his or her personal use.
If you have been arrested and charged with unlawful cultivation of Marijuana in MA call (508) 213-9113 the experienced Massachusetts Drug Crimes Attorneys of the Law Office of John L. Calcagni III to start your defense today.
The Massachusetts Medical Marijuana Act may be found under Massachusetts General Laws, Chapter 94I.
Under Massachusetts criminal law, Unlawful Cultivation of Medical Marijuana may be found under Massachusetts General Laws, Chapter 94C, Section 32C. This offense makes it unlawful for a person to knowingly or intentionally manufacture, distribute, dispense or cultivate, or possess with intent to manufacture, distribute, dispense or cultivate a Class D controlled substance including Marijuana.
Legal Elements for Unlawful Cultivation of More Than a 60-Day Supply of Medical Marijuana
In order to be convicted of Unlawful Cultivation of Medical Marijuana in violation of the 60-day supply theory under Massachusetts criminal law, there must exist strong evidence of the following four legal elements:
- that the substance in question is marijuana
- that the defendant knowingly cultivated the substance
- that the defendant cultivated more than the amount necessary to provide a sixty-day supply of usable marijuana to the patient
- that the defendant intended to cultivate more than the amount necessary to provide a sixty-day supply of usable marijuana to the patient
A defendant acts intentionally if he or she did so consciously, voluntarily, and purposely, and not because of ignorance, mistake, or accident. It is not enough that the defendant’s marijuana plants happen to be capable of yielding more than ten ounces in a sixty-day period. The defendant must have intended to cultivate more than ten ounces of usable marijuana in a sixty-day period.
Legal Elements for Unlawful Cultivation Marijuana for Nonpersonal Use
In order to be convicted of Unlawful Cultivation of Marijuana for Nonpersonal Use, there must exist strong evidence of the following three legal elements:
- that the substance in question is marijuana
- that the defendant knowingly cultivated the substance
- that the defendant cultivated the substance with the intent to distribute the marijuana to others.
To be found guilty of this offense, the defendant must have intended the marijuana be distributed to others, rather than had cultivated the marijuana solely for his or her own use.
Potential Punishment if Convicted of Unlawful Cultivation of Marijuana
The punishment under Massachusetts criminal law for Unlawful Cultivation of Marijuana may be found at Massachusetts General Laws, Chapter 94C, Sections 32C.
Convicted offenders shall be imprisoned in a jail or house of correction for not more than 2 years and/or by a fine ranging from $500 $5,000.
If you have been arrested and charged with unlawful cultivation of Marijuana in MA call (508) 213-9113 the best Massachusetts Drug Attorneys of the Law Office of John L. Calcagni III to start your defense today.
