Although marijuana may be gaining more widespread acceptance across the country, legal authorities continue to crack down on marijuana offenders as well as those possessing, dealing, and manufacturing illegal substances. But, depending on the specific law an individual is accused of breaking, the penalties upon conviction can vary widely. So, too, can the legal elements that the prosecution must prove before obtaining that conviction. Therefore, it is imperative that those individuals who are facing allegations of committing a drug crime understand the laws they are accused of breaking, and how best to defend themselves.
For example, these individuals need to know that Ohio law makes it a crime to knowingly engage in marijuana cultivation or participate in any part of the production process of an illegal drug. Depending on the drug involved, an individual who is convicted could be confronted by harsh penalties that couldinclude years behind bars.
Yet, the elements of this seemingly simple law can be difficult for prosecutors to prove.First, the prosecution must prove intent. That is, that they must prove, beyond a reasonable doubt, that the defendant knew that he or she was participating in drug manufacturing. This can be hard to prove, especially when an individual is not directly involved with the alleged illegal activity. Second, the prosecution must prove that the individual actually participated in the drug manufacturing process. Here, a defendant can, of course, deny all claims, but he or she could also claim that his or her actions did not amount to participation in drug manufacturing. Also, it may be possible to say that the actions alleged are true, but that they were not part of any drug manufacturing operation.
So, depending on the circumstances at hand, there may be a number of criminal defense options available to someone who has been accused of drug manufacturing. To learn more about how to defend against such charges, these individuals can choose to speak with an experienced criminal defense attorney.
Source: Ohio Laws and Rules, “2925.04,” accessed on April 14, 2017