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What is Manufacture of Marijuana? |
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Manufacture of Marijuana is the growth and cultivation of marijuana plants. The penalties are determined by how much marijuana was found.
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Penalties: |
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Manufacture of 45 kilograms or more of marijuana (or 200 plants): up to 15 years in prison and/or $10,000,000
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Manufacture of 5-44 kilograms of marijuana (or 20-199 plants): up to 7 years in prison and/or $500,000
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Manufacture of 1-4 kilograms of marijuana (or less than 20 plants): up to 4 years in prison and/or $20,000
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What Defenses Are There? |
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Mere Presence: |
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If the alleged perpetrator is only in the presence of the marijuana without having the right to use or control it, he might be innocent. For example, if a husband is growing marijuana in the basement of his home, his wife might be innocent of a charge of manufacturing marijuana if she was not a part of the operation.
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Lack of Knowledge: |
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If someone has marijuana plants or helps to cultivate them, but without knowledge of what he is growing, he might be innocent of this charge. For example, if a son grows marijuana in his mother’s garden, the mother is innocent even if she helps to water the growing plants. |
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Valid License to Grow Medical Marijuana: |
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If someone possesses a valid caretaker’s license to grow medical marijuana in Michigan. |
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Jury Instruction |
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The defendant is charged with the crime of illegally manufacturing [(state weight) of a mixture containing] a controlled substance, marijuana. Manufacturing means producing or processing a controlled substance. It is alleged in this case that the defendant manufactured marijuana by [list specific acts]. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
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First, that the defendant manufactured a controlled substance.
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Second, that the substance manufactured was marijuana.
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Third, that the defendant knew he was manufacturing marijuana.
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Fourth, that the substance was in a mixture that weighed (state weight).
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Fifth, that the defendant was not legally authorized to manufacture this substance.
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Related topics |
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