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Cultivation of Marijuana in Arizona | A.R.S. §13-3405(A)(3)

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Excellent Google Reviews, Best Criminal Defense Lawyer in Phoenix, Arizona
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Cultivation of Marijuana in Arizona | A.R.S. §13-3405(A)(3)

By DM Cantor, a Top-Ranking Criminal Defense firm in Arizona for the last 6 years in a row by Ranking Arizona Magazine!  (2020, 2021, 2022, 2023, 2024, 2025)

The Best Arizona Criminal Defense Lawyer - Ranking Arizona Logo- DM Cantor
DM Cantor, Best Criminal Defense, DUI and Sex Crimes Lawyer in Arizona

DM Cantor’s Board Certified Criminal Law Specialists (Left to Right) Managing Partner, Christine Whalin; Founding Partner, David Michael Cantor

Over 165 Complete Criminal Jury Trial Acquittals (i.e., Not Guilty on All Charges).  The most in Arizona history by a single law firm!

Plus an additional 400+ Drug Crimes Pre-Indictment “Turn-Downs,” Dismissals, and Charge Reduction Drug Crime Victories!

Beware of Drug Crimes Defense “Pretenders”:  Any law firm or Attorney can have DM Cantor’s Phoenix Drug Crimes Attorney and Drug Crimes Lawyer website information re-written by artificial intelligence (AI), and then they can post it online as their own “knowledge base.”  But they cannot falsely list our Jury Trial Complete Acquittals, or Board Certifications as their own.  Also, many Attorneys claim that they “Specialize” in defending Drug Crimes charges or Criminal Defense, but only a “Board-Certified Criminal Law Specialist” is allowed by the State Bar of Arizona to use this title as their own, per the Arizona Board of Legal Specialization.

Board Certified Criminal Law Specialization

Board Certified Specialists | Top Phoenix Sex Conduct Lawyer

As of the start of 2025, the State Bar of Arizona Board of Legal Specialization listed only 62 Criminal Law Specialists in the entire State.  Of these 62, only 41 are located in Maricopa County and are allowed to handle private cases.  DM Cantor has 2 Board-Certified Criminal Law Specialists, no other law firm in Arizona has more.  When defending Cultivation of Marijuana Allegations, it is critical to have as many Board-Certified Criminal Law Specialists on your Legal Team as is possible.

The Specialization process is so rigorous that only 34 current Criminal Law Specialists were Certified since the turn of the Century!  In addition, all Specialists must be approved for Re-Certification every 5 years.  At DM Cantor, our 2 Board Certified Criminal Law Specialists have conducted Jury Trials on countless Cultivation of Marijuana cases.

Every Major Felony Cultivation of Marijuana case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the Defense.

We wouldn’t have it any other way.

The Best Phoenix Cultivation of Marijuana Law Team in Arizona

How do you know who has the best Cultivation of Marijuana Legal Defense Firm in Arizona?  You begin by looking at the team’s experience.  David Michael Cantor is a former Prosecutor, and a highly experienced Cultivation of Marijuana in Arizona Attorney who became a member of the Arizona State Bar in 1989.  David then began his Arizona legal practice as an Assistant City Prosecutor for the City of Phoenix.  Considered as one of the Top Cultivation of Marijuana Defense Lawyers in Arizona, he then founded his own Criminal Defense firm and Arizona Cultivation of Marijuana Defense Team, DM Cantor.

David is a highly-skilled Cultivation of MarijuanaDefense Lawyer who knows the Cultivation of Marijuana laws backward and forward, and he will vigorously fight the Arizona State Attorney General or County Prosecutor on your behalf. Phoenix Cultivation of Marijuana Lawyer, and Criminal Defense Attorney David Cantor, wrote this webpage in order to give you an Arizona Cultivation of Marijuana overview as to how the DM Cantor Phoenix Cultivation of Marijuana Attorney Defense Team can prove your Innocence if you have been Falsely Accused of Cultivation of Marijuana. So whether you have a single Cultivation of Marijuana charge, or multiple charges, contact DM Cantor today!

In addition to Phoenix area experience, you next look to the Cultivation of Marijuana Defense Lawyer’s Results and Certifications.  In addition to David Cantor being a Board-Certified Criminal Law Specialist, his partner (Christine Whalin) is also a Certified Criminal Law Specialists as well.  No other Arizona Criminal Defense Firm has as many Complete Jury Trial Acquittals as DM Cantor.  Click on the link below to see Questions to Ask when Interviewing a Cultivation of Marijuana Attorney to represent you in your Court case.

Beware: Be very cautious of visiting with a Criminal Law Firm who has you meet with a Non-Attorney Salesperson, rather than a Licensed Attorney.  They will then try to sell their “legal services,” even though they are not allowed by the State Bar of Arizona to give legal advice.  DM Cantor always has you meet with one of the Partners and Certified Criminal Law Specialists in our office when consulting us regarding a Cultivation of Marijuana charge.

What is Cultivation of Marijuana in Arizona?

In Arizona, under A.R.S. §13-3405(A)(3), it is illegal to knowingly produce marijuana. “Cultivation of Marijuana” is usually accomplished by growing the plants in a hydroponic garden indoors or in a backyard planter.

Possible Punishments for Cultivation of Marijuana

Punishments for illegal cultivation of marijuana varies based upon the amount of dry weight. They range from the following:

  • If the amount of marijuana produced has a dried weight of less than two (2) pounds, it is considered a class five (5) felony.
    • A first offense class five (5) felony carries a potential punishment of probation with zero (0) days up to 1 year in jail, or prison of 6 months to 2.5 years in custody.
    • If the person has one (1) historical allegeable prior felony conviction, then the “prison only” range is 1 to 3.75 years of incarceration.
    • If the person has two (2) historical allegeable prior felony convictions then the “prison only” range is 3 years to 7.5 years of incarceration.
  • If the amount of marijuana produced has a dried weight of two to four (2-4) pounds, it is above the threshold amount and is classified as a class four (4) felony.
    • A first offense of this nature carries a mandatory prison sentence of anywhere from 1 year to 3.75 years incarceration.
    • If a defendant has one (1) allegeable historical prior felony conviction, then the prison range jumps to 2.25 years to 7.5 years in prison.
    • If a defendant has two (2) allegeable historical prior felony convictions, the range is from 6 years to 15 years of incarceration.
  • If the dried weight is over four (4) pounds, it is a class three (3) felony and carries the following:
    • Mandatory prison range of 2 to 8.75 years in prison.
    • If the person has one (1) allegeable historical prior conviction then the “prison only” range is 3.5 years to 16.25 years of incarceration.
    • If the person has two (2) allegeable historical prior convictions, then the “prison only” range is 7.5 years to 25 years of incarceration.

Anyone convicted of producing marijuana must also pay a fine of $750.00.


Possible Defenses for Cultivation of Marijuana

Defenses to this charge of Cultivation of Marijuana would include the defendant’s lack of knowledge about the production. Examples where this defense would be appropriate include if the marijuana was growing outside in a garden or was tucked away in a corner of a yard, and the defendant was unaware of the plants’ presence. Sometimes this will occur in rental houses where the new tenant was unaware of what the old tenant was growing. Other times it will include a family member who is growing marijuana without the knowledge of the others who reside within the household. Sometimes the defense will be based purely on whether the plants were properly dried and cleared of dirt before they were weighed (i.e., do they really weigh more than two (2) pounds).

Additionally, because our law firm fights conviction from all angles, we would assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse. One of those we frequently assert is a “Miranda rights violation.” In Arizona, the standard of whether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, the “denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues.

Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what else you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis/cloning hard drive procedures; forensic financial accounting reviews; etc.. Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled Production of Marijuana lawyer to defend you who has knowledge of all the possible defenses to assert in your case.

Click here… if you have not been charged with Cultivation of Marijuana yet, but the police are in the “pre-charge investigation stage” of your case.

Top Unlawful Flight from Police Lawyer

We are an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Cultivation of Marijuana lawyer in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Cultivation of Marijuana Lawyers in Arizona know the system well.

The Collateral Consequences Of An Cultivation of Marijuana Conviction

The effects of a Cultivation of Marijuana conviction can be devastating.  Even if a person is to receive Probation with no Jail, or a small Jail or Prison sentence, after they are released there will be lifelong effects on the Defendant.  This can involve Lifetime Probation; job restrictions; apartment/dormitory restrictions or prohibitions; Professional Licenses being Revoked; loss or severe restriction of internet privileges; etc. Check the link below for information regarding what Collateral Consequences you or a loved one might be facing.

Click to see Comprehensive List and Explanation of Collateral Consequences regarding a Cultivation of Marijuana Conviction

Mitigation

When it comes to “Mitigation” regarding a charge of Cultivation of Marijuana, it is important to start that process right away.  Not only can this help us with potentially convincing a Prosecutor to not file charges in the first place, but it may reduce the level of charges that they ultimately file.  In addition, if there is a conviction later, this can be used to help reduce any type of Sentence if there is a “Range.”  The Mitigating Factors which are considered by both the Prosecutor and the Courts includes Statutory and Non-Statutory elements.

Many items that we routinely include in our Mitigation Packages include Psychosexual Risk Evaluations; Polygraphs; Neuro-Psychological Evaluations; Counseling records; substance abuse Treatment and/or Rehabilitation; and a complete history of a person’s background.  This can include Individualized Education Plans (IEPs), medical records, Counseling records, etc.  Lastly. we often include what’s known as a “Proportionality Review/Sentencing Disparity” analysis in which we can show the Prosecutor and Court that similarly-situated Defendants received low Sentences.  Click the link below to see a more detailed list of both Statutory and Non-Statutory Mitigating Factors.

Click here to see Helpful Mitigation Information

Work with a DM Cantor Phoenix Cultivation of Marijuana Defense Lawyer Today For a Free Consultation

For a free consultation and free case evaluation with one of our Phoenix Cultivation of Marijuana Lawyers and Criminal Defense Lawyers, call our  24 hour Phoenix Cultivation of Marijuana Defense Lawyers Hotline  at  602-307-0808  , or click here for a free consultation on any criminal cases. Our aggressive Cultivation of Marijuana Lawyers always offer free consultations for an initial visit with our Phoenix Cultivation of Marijuana Defense Attorneys. We are often considered to be the “best Cultivation of Marijuana Defense Lawyer”.

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