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penalty for growing marijuana

Penalty for growing marijuana

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:

The court is supposed to:

A person that unlawfully cultivates this drug may:

8. Are there related offenses?

HS 11358 only applies to the cultivation of marijuana. This means it is always a valid defense for a defendant to say that:

The unlawful cultivation, however, is not one of these offenses.

Health and Safety Code 11358 HS is the California statute that defines the crime of illegal cultivation of marijuana. Although adults 21 and over are now permitted to grow up to 6 cannabis plants, the law makes it a misdemeanor offense to grow in excess of these limits. A conviction is punishable by up to 6 months in jail.

5.1. No marijuana

An expungement frees a defendant from many of the hardships associated with a criminal conviction. 8

A defendant can beat a charge under these California marijuana laws with a legal defense.

Although the medical marijuana prescription allows the man to grow marijuana for his own personal use, that growth is limited to six mature plants and twelve immature plants. Any number of plants beyond that amount will raise suspicion and possibly liability under the law. In the above example, the man is growing 50 plants, which can easily be argued are for sale and not for personal use. Since he owns the house, and lives there alone, an argument cannot be made that the plants are not his. Although there is a large amount of marijuana being grown, the man may not face a penalty on the high end of the spectrum because it is his first criminal offense.

Those found guilty of marijuana cultivation face a penalty that falls within a spectrum of possible sentences established by legislation. Which penalty will be given depends on the specific facts of the case, as well as the person’s criminal background.

Our knowledgeable attorneys will fight for your rights and reputation if you are charged with a marijuana offense. We will work to get the charges reduced or dismissed. However, if none of the available defenses apply to your case, then you may be facing a range of potential consequences. It’s important to understand your legal options.

Qualified Marijuana Defense Attorneys

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.

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.

The marijuana laws in California are complex and you need a solid, professional defense attorney by your side if you are facing marijuana cultivation charges. The criminal defense lawyers at Hoffman & Associates have over 30 years of courtroom experience and have represented hundreds of clients facing offenses related to marijuana in California. Contact us today to schedule a consultation to discuss the facts of your case and learn about your legal rights when it comes to marijuana cultivation.

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.

Although the manufacturing of cannabis may not take place in a laboratory the same way methamphetamines are produced, the cultivation of cannabis is a serious offense. Due to its Schedule I classification, arrests stemming from marijuana related offenses tend to result in felony charges.

Madison County AL Marijuana Cultivation Defense Lawyer

If you have been charged a cannabis related offense, the attorneys at Law Offices Of Segal & Segal are well equipped to handle your case. Andrew and Sandra Segal are former prosecutors who now provide quality legal representation for clients facing marijuana charges in Madison, Decatur, Huntsville, Trinity, Athens, Madison County, Jackson County, Limestone County, and the surrounding areas. Contact us today at (256) 533-4529 to schedule your free consultation.

Information Center for Alabama’s Marijuana Cultivation Laws

An individual who cultivates marijuana can face enhanced charges in Madison County if two or more of the following factors were present during the commission of the offense: