Possession, sale, and manufacture of marijuana are controlled by both state laws as well as federal laws. Marijuana is put under the Schedule I substance in West Virginia which indicates that it has a high potential for abuse and is bereft of any medical value.
West Virginia is one of the few states where the court may allow an alternative sentence for people facing first prosecutions for cultivating marijuana. Any first-time offender may be able to choose probation instead of a trial. If he successfully completes the probation, he might be free of any such changes in the criminal record. But they also enforce compulsory sentencing for a minimum period if accused of selling marijuana. This means that the judge can sentence the defendant to a mandatory minimum sentence of one year in prison.
So, if you have been convicted of such charges, you must consult an experienced attorney for the best defense and guidance in your case.
“It’s just weed. It only comes from the earth.” These are the common arguments any defense lawyer often hears when it comes to marijuana convictions in West Virginia.
It is true that Marijuana is a plant that can be cultivated wherever there is a small amount of green patch outside. It can also be grown with the aid of a growing operation indoors. Another fact is marijuana hangs low in the hierarchy rank of drugs for some people.
What some of them don’t understand is even if people cannot grow marijuana, it is still against the law to do so. Needless to say, penalties for growing it are far more serious than people can even think about.
Most people think that the people who are being sentenced for growing the pot are actually running a huge growing operation with a number of plants and an intricate processing system.
If you don’t believe me, you can gladly ask Bradley Elkins, a thirty-three-year-old resident of Gilbert in West Virginia. The police of West Virginia had arrested him and charged him with six counts of growing marijuana when somebody had informed the officers with a tip that they could notice the cultivation of such plants along with the trailer. It was clearly visible from a public roadway.
So, what do you think happened to him? Obviously, he was subjected to heavy fines and a considerable period of time in jail. If you are ever found guilty of marijuana cultivation, you can be asked to pay a huge amount, as much as $150,000 as a fine and imprisonment between six to ninety years.
Although many states are legalizing medical and recreational marijuana, we must follow the state laws. And being a criminal defense lawyer in West Virginia who represents anyone who has been accused of everything, starting right from possession to the selling of marijuana, I know how serious the marijuana laws of this state are. Hence, if you have been convicted of any crime regarding marijuana, you must get in touch with me as soon as possible.