Legal Question in Criminal Law in Pennsylvania
Marijuana
My husband is currently serving a 4-8 year sentence for growing 26 marijuana plants, they never searched our house and these were growning in the natural sunlight. He was charged with possiention and intent to deliver & manifuacturing--name removed--The lawyer that we had was not much help to us, however I am now told that they cannot charge him with delivery charges because it was not under artifical light--name removed--I am trying to research as much as I can prior to hiring another lawyer--name removed--Is there any truth to this--name removed--Please advise thanks
1 Answer from Attorneys
Re: Marijuana
\They likely charged him with "manufacture" which is the same section as delivery, and the same section as "possession with intent to deliver." They did not charge delivery because he didn't deliver, but it's the same charge.
It has absolutely nothing to do with natural light or artificial light. Growing a plant is manufacture.
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