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can i grow marijuana in california

Criminal penalties often depend on the amount of marijuana involved, whether it is intended for sale, and transportation of marijuana. It is important to remember that although marijuana is legal in a number of states, including Colorado, Washington, and Oregon, it is still illegal at the federal level. This means that transporting marijuana across state lines or through an airport could lead to federal drug charges.

Marijuana Offenses in California

Being a qualified patient or primary caregiver can be an affirmative defense to many marijuana cultivation charges. It may also be a defense if the plants are grown on someone’s property and they were unaware of the pot being grown. Charges can also be reduced to a charge of possession, or deferred through the diversion program.

Marijuana Cultivation Defenses

Individuals under the age of 18 found planting, cultivating, harvesting, drying, or processing not more than 6 living plants is guilty of an infraction and faces a fine of up to $100.

Can i grow marijuana in california

Authorities cannot conduct a search or take property without a valid search warrant. If no warrant, then they must have a legal excuse for not having one. If the police:

This means that any charges in the case could get reduced or even dismissed.

This is opposed to six plants each. 2

8. Are there related offenses?

California’s “Compassionate Use Act of 1996” (the “CUA”) applies to the medicinal use of marijuana. The Act’s provisions are set forth in Health and Safety Code 11362.5 HS.

Three common defenses that criminal defense lawyers rely on:

Per Penal Code 1000 PC, some people convicted of unlawful cultivation may:

7. What about cultivating medicinal marijuana?

Per HS 11358, it is an infraction if someone aged 18-20 cultivates marijuana. The crime is punishable by a maximum fine of $100.

The statute also says that: