Beating Marijuana Cultivation Charges: Tips from DEA Lawyers

Getting busted for growing weed sux. It can totally ruin your life if your not careful. But their are ways to fight the charges and even beat them. As DEA lawyers, me and my colleagues have seen all the tricks cops use to try to nail growers. We also know the best defenses and legal loopholes to get charges thrown out or reduced. This article will give you inside tips on how to boost your chances big time.

Search and Seizure Issues

The 4th Amendment protects you from unreasonable search and seizure. But cops don’t always follow proper procedures when investigating marijuana grows. If they cut corners, that gives your lawyer openings to get evidence thrown out. Here’s some common screwups we see:

• No warrant – Cops need a valid search warrant unless special circumstances like emergency or consent. No warrant, no legal search.
• Fake tips – Police sometimes invent anonymous informants to get easy warrants. Make sure the tip was real.
• Scope issues – The search must match what’s authorized in the warrant. If they exceed the scope, object.
• Trash pulls – Cops can’t trespass to grab your garbage without permission. This includes outside condo dumpsters.

We once got a major grow op case tossed because the cops exceeded the warrant scope. They started looking in spaces not listed and found the operation. Judge said nope, that evidence is out. Charges dropped due to lack of proof. Boom – reasonable doubt wins again!

Chain of Custody Challenges

Cops must strictly document collection and storage of evidence under “chain of custody” rules. Any gaps or confusion and the evidence could get excluded. Things we look for:

• No photos of where plants/equipment was found
• Multiple officers handling evidence without logging transfers
• Storing stuff improperly like with other cases
• Details in reports don’t match up

I once defended a client accused of running a complex hydroponic grow with over 50 plants. But the cops got sloppy documenting storage. Half the plants went missing for several days with no record why. Judge agreed the gap compromised the integrity of the evidence. All the marijuana was excluded and charges got reduced to simple possession of supplies only. Sweet!

Question the Testing

Cops send seized plants to a lab to test that it’s really illegal marijuana. But we often find issues with the testing process or results:

• Incomplete verification of lab credentials
• No calibration records for lab equipment
• Chain of custody gaps for samples
• Test methodology not specified
• Math/data errors in lab report
• Contradictory THC percentages

I defended a smaller grow case where the lab results were just sloppy. THC measured at 12% in one section but then somehow tested at 15% later. Clear contradiction. We argued the unreliability of the report created reasonable doubt about the nature of the plants. Charges reduced to simple equipment possession only. Get some!

Question Police Expertise

Cops often testify as “experts” on marijuana grows to allege illegal operations. But their expertise claims can frequently get challenged:

• No specific credentials documented
• Experience based on outdated information
• Department “training” didn’t cover key knowledge
• Biased assumptions on medical vs recreational grows

We defended a older couple accused of illegal cultivation for a large number of plants. But my colleague was able to pick apart the main cop’s expertise claims on the stand. Showed he had no real specialty credentials or recent training on medical grows, which this was. Judge ruled his testimony unreliable and charges got tossed. Boom shakalaka!

Explore Medical Use Defenses

Many marijuana cultivation busts involve possible medical grows that cops wrongly assume are illegal. It comes down to your ability to prove medical use. Tips to establish this defense:

• Get statements from doctors confirming prescriptions
• Present medical records showing conditions treatable by marijuana
• Have experts analyze equipment/plants for medical compliance
• Highlight health literature on your conditions and marijuana therapy

We had a case recently where cops busted a multiple sclerosis patient with six plants they claimed was drug trafficking. We assembled evidence about his debilitating symptoms treatable by marijuana. Got doctor statements the volume was consistent with medical need. Had journals confirming the efficacy. Proved it hands down as medical use, charges 100% dismissed!

Negotiate Plea Deals

Beating marijuana charges can involve hard-fought legal battles. Many times negotiating plea deals makes more sense:

• Plea down charges – reduce cultivation to possession
• Get deferred sentences – charges dismissed after probation
• Substitute community service for jail time
• Have record expunged after short period

We recently defended a young college student busted running a hydroponic grow business from his apartment. While we could try to fight it, the overwhelming evidence would likely lead to conviction. Instead we negotiated it down to a misdemanor possession and 100 hours community service. No jail, small fine, record wiped in 6 months. Not total victory but pretty darn sweet given the alternative.

So their you have it – inside tips from DEA lawyers on strategies for beating marijuana cultivation charges. Use this knowledge to boost your chances big time and gain back control of your future. We’ve battled hundreds of these cases and know all the weaknesses. Get an experienced marijuana defense lawyer on your side, exploit those weaknesses, and victory can be yours. Now go grow your freedom!