Federal and state laws make it illegal to cultivate or manufacture substances that aren’t legal. These can include marijuana, cocaine, crack cocaine, heroin and methamphetamine. Generally, criminal charges for manufacturing or cultivating are felony charges that can lead to time in prison and hefty fines.
Colorado is one of the few states that has relaxed the criminalization of cultivating marijuana. Even recreational marijuana users are permitted to have up to six plants in this state. That is a big difference from other states that permit only medical marijuana uses to cultivate, or don’t allow personal cultivation at all.
Even though state laws allow up to six plants, that isn’t the case for federal law. On a federal level, you can face up to five years in prison if you have less than 50 plants. More than 1,000 plants can land you in prison for life upon a federal conviction.
When it comes to manufacturing, state and federal laws agree that this is illegal. In this case, you would likely have to have the items used to make illegal drugs in your possession to be charged.
It usually isn’t enough to only have one item that would be used to make a drug to be charged with manufacturing if that item is legal by itself. You would have to have other components or items that would be needed. You could possibly be charged with intent to manufacture if it is proven that you are in possession of the items because you are taking them to a place where you can make the drug later.
Knowing your rights and what elements the prosecution must provide is vital in these cases. Ensure that you get accurate information so that you can make your decisions based on facts.
Source: FindLaw, “Drug Manufacturing and Cultivation,” accessed Sep. 13, 2016