Drug Cultivation-FEDERAL

FEDERAL DRUG CULTIVATION CRIMINAL DEFENSE ATTORNEY- ALEXANDRIA, HARRISONBURG, RICHMOND, CHARLOTTESVILLE, GREENBELT, BALTIMORE, WASHINGTON, DC, NORFOLK, ROANOKE

VIRGINIA CRIMINAL DEFENSE LAWYER - Alexandria, Arlington, Baltimore, Charlottesville, Culpepper, Fairfax, Falls Church, Greenbelt, Harrisonburg, Leesburg, Loudoun County, Manassas, Norfolk, Prince William, Richmond, Roanoke, Stafford, Warrenton, Winchester, Vienna, Washington, DC.

 Federal Drug Cultivation- 21 U.S.C. 841

To be convicted of the federal drug crime of drug cultivation, the government must prove the following three (3) essential elements beyond a reasonable doubt: (1) the Accused cultivated a controlled substance; (2) the Accused knew that the substance being cultivated was a controlled substance; and (3) the Accused intentionally cultivated the controlled substance.

The definition of "cultivate" means the production, preparation, propagation, compounding or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin.

The above definition includes the act of planting, growing, harvesting or manufacturing of a controlled substance, and can include those cultivated for purely personal use.

The above definition further includes other processes in addition to the definition, e.g., “independently by means of chemical synthesis or by a combination of extraction and chemical synthesis.” 21 U.S.C. § 802(15).

The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of title 21 U.S.C. 812. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1954.

The term “narcotic drug” means any of the following whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(A) Opium, opiates, derivatives of opium and opiates …

(B) A compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates.
(C) A substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the substances referred to in clause (A) or (B).

(D) Cocaine, its salts, optical and geometric isomers, and salts of isomers.

(F) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subparagraphs (A) through (E)

The government need not prove the actual amount of the controlled substance.  The government must prove beyond a reasonable doubt, however, that a measurable amount of the controlled substance was, in fact, knowingly and intentionally manufactured by the Accused.

It is also not necessary for the government to prove that the Accused knew the precise nature of the controlled substance or narcotic drug that was manufactured. The government must prove beyond a reasonable doubt, however, that Accused did know that some type of controlled substance or narcotic drug was being manufactured.

 
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