Growing Marijuana
In every state it is a crime to cultivate Cannabis. Under federal law
the same crime is referred to as "manufacturing" marijuana.
Under federal law, "manufacturing" is defined as "planting,
cultivation, growing or harvesting of a controlled substance." It
is a violation of federal law, therefore, not only to grow Cannabis, but
also to harvest wild Cannabis plants. It is also considered manufacturing
or cultivating to extract, process or cook marijuana to create hashish,
or any other concentrated Cannabis product. (State v. Horsely [1979] 596
P2d 661.)
In every state, if a person is convicted of cultivating, manufacturing,
drying, or processing marijuana, he or she can be sent to prison. The
crime does not require a full-scale Cannabis grow operation. Numerous
convictions have resulted from people simply harvesting wild marijuana.
In a 1993 case in Arkansas the court reported that David Craig grew a
single, large Cannabis plant outside his place of business and in plain
view. The plant was approximately seven feet tall and six feet wide. Prior
to his arrest, Craig had taken some leaves from the plant and was drying
them inside his office.
The Arkansas Supreme court wasted no time in finding that watering, pruning
and generally tending a marijuana plant constitutes "manufacturing."
The court went further, however, and explained that even if Craig had
done nothing more than pinched leaves from the plant his actions would
still constitute "manufacturing" of marijuana since in Arkansas
(like most states) "manufacturing" is defined to include processing
or harvesting marijuana. (Craig v. State [Ark. 1993] 863 S.W.2d 825.)
A manufacturing conviction can be sustained prior to even planting Cannabis
seeds. Danny LaMaster, for example, was convicted of manufacturing marijuana
in violation of Missouri law and sentenced to three years in prison, after
"the sheriff found a plate with [Cannabis] seeds lying in it between
two wet paper towels." In another room, the officers found a fully
outfitted growroom, complete with plastic covered windows, fluorescent
lights, a thermometer, plant fertilizer and potting soil. This was sufficient
evidence, said the Missouri court, that Mr. LaMaster was manufacturing
marijuana, although he was obviously in only the early stages of the project.
(State v. LaMaster [MoApp. 1991] 811 S.W.2d837.)
"Attempted" Manufacture
Under federal law and state law it is illegal to attempt to grow Cannabis.
A conviction for attempted manufacture or cultivation requires proof that
the defendant: (1) intended to grow Cannabis', and (2) intentionally carried
out some act that was a "substantial step" toward that goal.
In one case, a conviction for attempted manufacture was upheld after
police found a nearly completed hydroponics growing system with 198 growing
chambers, grow lights, fertilizer, starter pots, water pumps, filters,
and an electrical timer. This alone would not have been sufficient evidence
since the builder of the system could well have intended to grow an innocuous
crop such as tomatoes. Unfortunately however, the police also found a
container of viable Cannabis seeds. The combination of the seeds and the
hydroponic system was held to satisfy the two elements required for a
federal conviction of attempted manufacture of marijuana.
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