A sheriff in southwest Oregon is petitioning the state to provide money to his county so that they may organize a team to investigate illegal marijuana growing operations. The Josephine County sheriff, Dave Daniel, is asking the state for $648,000 to form a team of investigators. The county itself will then pitch in another $350,000 to help the venture. The production and sale of marijuana for recreational and medical use in the state of Oregon are legal, however, the production and sale of marijuana is also subject to specific licensing and regulation. Therefore, without a license to produce marijuana, even though legal for recreational purposes, a person is violating the law and growing marijuana illegally.
Do You Have to Have a License to Produce Marijuana in Washington State?
In the state of Washington, you must have a marijuana production license to produce or grow marijuana. The licensing process and applications are controlled by the Washington State Liquor and Cannabis Board. Along with a production license, individuals in Washington who wish to process or sell marijuana must also apply for each respective license with the Washington State Liquor and Cannabis Board. Each year the licenses are subject to renewal and the law specifically states that the “licensee is authorized to produce:
- Marijuana for sale at wholesale to marijuana processors and other marijuana producers;
- immature plants or clones and seeds for sale to cooperatives; and
- immature plants or clones and seeds for sale to qualifying patients and designated providers.”
Therefore, the production of marijuana in Washington State, so long as the production is in accordance with the law and validly licensed, is not a criminal offense. With that in mind, the rules that attach to the license itself carry their own specificity. Washington State law says that “Every marijuana producer's license:
- shall be issued in the name of the applicant;
- shall specify the location at which the marijuana producer intends to operate, which must be within the state of Washington;
- and the holder thereof shall not allow any other person to use the license."
Penalties for Marijuana Cultivation Without Licensure
The most serious marijuana charges and the charges that are likely to result in a Class C felony typically revolve around the illegal production of marijuana--typically over 40 grams with the intent to distribute. Class C felony offenses of this kind can carry a sentence of five years in jail and potentially $10,000 in fines. However, these penalties can often double if they take place within a school zone.
If you or someone you love has been arrested in the Seattle area for production, possession, or sale of marijuana you need to seek legal counsel immediately. You can contact the Law Offices of Steve Karimi today for a free consultation. Attorney Steve Karimi is a former prosecutor who now uses his insight into the legal system to fight for the rights of those accused.