Section 1117 - Cultivating marijuana1. Except as provided in subsection 4, a person is guilty of cultivating marijuana if: A. The person intentionally or knowingly grows or cultivates marijuana. Violation of this paragraph is a Class E crime; or [2009, c. 631, §2(AMD); 2009, c. 631, §51(AFF).]B. The person violates paragraph A and the number of marijuana plants is: (1) Five hundred or more. Violation of this subparagraph is a Class B crime;(2) One hundred or more but fewer than 500. Violation of this subparagraph is a Class C crime;(3) More than 5 but fewer than 100. Violation of this subparagraph is a Class D crime; or(4) Five or fewer. Violation of this subparagraph is a Class E crime. [2001, c. 383, §148(NEW); 2001, c. 383, §156(AFF).] [2009, c. 631, §2(AMD); 2009, c. 631, §51(AFF).]
2.[2001, c. 383, §148(RP); 2001, c. 383, §156(AFF).]
3. It is an affirmative defense to prosecution under this section that the substance cultivated or grown is hemp. [2019, c. 12, Pt. B, §11(AMD).]
4. A person is not guilty of cultivating marijuana if the conduct is expressly authorized by Title 22, chapter 558-C or Title 28-B. [2017, c. 409, Pt. B, §10(AMD).]
Amended by 2019, c. 12,§ B-11, eff. 3/27/2019.Amended by 2018, c. 409,§ B-10, eff. 5/2/2018.1999, c. 374, § 5 (NEW) . 2001, c. 383, § 148 (RPR) . 2001, c. 383, § 156 (AFF) . 2003, c. 61, § 9 (AMD) . 2009, c. 631, §§2, 3 (AMD) . 2009, c. 631, § 51 (AFF) .