Let’s look at an example of someone who may be charged with marijuana cultivation. A man is found with over 50 marijuana plants growing in his backyard. On the surface, this number of plants would not appear to be solely for personal use. The man lives in the home alone, holds a valid medical marijuana card, and has no prior criminal charges or convictions.
Hoffman & Associates
Los Angeles Office
5900 Wilshire Boulevard, Suite 2600
Los Angeles, California 90036
Phone: (323) 655-3900
Send us an e-mail
If you or someone you know has been charged with marijuana cultivation, the skilled criminal defense attorneys at Hoffman & Associates can help. There are several defenses available for a person charged with marijuana cultivation, including:
The sentencing range for marijuana cultivation is up to three years in state prison, up to a $10,000 fine, and probation. If given probation, it is formal probation where the person must report to a probation officer as required. Formal probation is given in cases where the charges and conviction are more serious in nature.
Potential Consequences of a Marijuana Cultivation Conviction
Qualified Marijuana Defense Attorneys
Under the California Health and Safety Code §11358, it unlawful for any person to manufacture or grow marijuana. The law covers any acts associated with the growth or manufacture of marijuana, including cultivating the plants in soil, harvesting the plants, and processing the marijuana.
Actions that constitute “cultivating” marijuana include almost anything that has to do with growing the drug or harvesting it. You can be “cultivating” marijuana if you:
The overarching rule that prohibits growing marijuana in California is embodied in the California Health and Safety Code 11358.
This broad definition of cultivating marijuana is crucial because you can only legally cultivate six plants of recreational marijuana. If you already have your allotted six plants in your own home, and then help a friend who is away on vacation by caring for his or her plants, you could be breaking the law.
Second or subsequent offenses by underage defendants are punished by Health and Safety Code 11357(b)(1)(B):
However, charges for growing marijuana are felony-level offenses in certain situations. These circumstances are listed in Health and Safety Code 11358(d), outlining who would face felony charges, rather than misdemeanors for cultivating marijuana:
Legal Defenses to Unlawful Cultivation of Marijuana
Legal Cultivation of Medical Marijuana
However, subsection (b) provides an important exception to this rule: “If a qualified patient or primary caregiver has a physician’s recommendation that this quantity does not meet the qualified patient’s medical needs, the qualified patient or primary caregiver may possess an amount of cannabis consistent with the patient’s needs.”