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The following article was published in our article directory on February 25, 2013.
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The Nature of Marijuana Cultivation Laws

Article Category: Gardening

Author Name: Mr Gator

The use of Marijuana in the United States is illegal. This is because Marijuana was classified as a prohibited drug, making its consumption and production punishable by imprisonment. The specifics of matters involving the unlawfulness of and penalties involved in the use of Marijuana are embodied in marijuana cultivation laws.

Before knowing about the laws that govern marijuana cultivation, one should know first the meaning of this phrase. What is considered by law when it refers to marijuana cultivation is the handling of Marijuana seeds, cultivation of the soil, harvesting the plant and drying and finally processing the same.

The leaves of Marijuana are not the exact thing that is used for smoking pot. In fact , it goes through a specific process, after which, a small amount of pot is produced. The process mentioned above, including the consumption of the usable pot is what is strictly prohibited by various marijuana cultivation laws.

If caught violating these laws, regardless of one's good faith or claim that he does not intend to consume Marijuana as a pot, he will still be punished based on the pertinent laws. And because marijuana cultivation laws are penal in nature, the penalty is usually imprisonment.

There are two kinds of criminal laws in the United States, to wit: malum in se and malum prohibitum. The first kind refers to crimes that are defined by the Penal Code of the specific state where it is imposed. For this kind, there is a need to prove that the felony was committed with an evil intent or an intent to commit a crime.

The second kind is the malum prohibitum. This is where marijuana cultivation laws fall because it is a special law, which is a law that is not part of the Penal Code but is implemented separately and for a specific subject.

When a person violates a special law, criminal intent need not be proved. The fact that he was caught doing the thing that is prohibited will warrant arrest and an eventual conviction.

This makes violation of marijuana cultivation laws dangerous. If caught, whether there is an intention to consume it or not, one may be punished.

There is an exception to this, though. Cultivation, possession and consumption of Marijuana are prohibited, but only in so far as it is not for a lawful purpose. If the use of marijuana is pursuant to a medical treatment that was prescribed and consented by the doctor, then the same is not prohibited.

An example of a situation when the use of marijuana may be prescribed is when the patient is suffering from cancer and he is undergoing chemotherapy. This medical procedure can cause, among others, dizziness, nausea and a lot of pain. Smoking pot is sometimes prescribed to these patients in order to minimize the effect of chemotherapy, and make the same a little bearable for the patients.

Keywords: marijuana cultivation

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