How can I be charged with a felony when I was only growing marijuana plants for personal use?
With a general charge of possession of a drug, if the drug is possessed for personal use, then it is graded as a misdemeanor offense. If the district attorney believes that the possession was with the intent to deliver the drug, then the offense is graded as a felony charge. While the “personal use” or “intent to deliver” issue is very important in a felony case of Possession With Intent to Deliver, such a distinction does not matter with a charge of manufacturing. Growing marijuana is considered to be “manufacturing” and is automatically a felony offense. It does not matter if the person was growing marijuana or manufacturing any drug for his or her own personal use. With regard to marijuana, while the number of plants involved can impact the sentence that is imposed by a judge, it does not impact the grading of the offense. Growing any marijuana, even one plant, is a felony offense. If you are charged with any drug offense, you should contact an experienced drug defense lawyer such as State College criminal defense lawyer Jason S. Dunkle.