Marijuana Cultivation Criminal Defense Lawyer Los Angeles
Cultivation of Marijuana without legal authorization is a serious crime in California and in Federal Courts. With recent changes in California marijuana laws, and legalization of marijuana for medical reasons, you may have a legal defense to this charge.
How is the crime of marijuana cultivation prosecuted in California?
The cultivation of marijuana is a criminal offense in California, except for limited amounts grown for personal use by adults 21 years of age or older. The penalties for cultivating marijuana in California depend on various factors such as the amount of marijuana being grown, the location of the cultivation, and whether the cultivation is for personal use or for sale.
Under California law, the cultivation of marijuana is typically charged as a felony offense. The potential penalties for felony cultivation of marijuana can include imprisonment in state prison, fines, and other consequences.
For example, if a person is convicted of cultivating six or fewer marijuana plants for personal use, they may be charged with a misdemeanor and face up to six months in county jail and a fine of up to $500. However, if a person is convicted of cultivating more than six plants or cultivating marijuana for sale, they may be charged with a felony offense and face more severe penalties, including up to three years in state prison.
It’s also worth noting that local ordinances and regulations may impose additional restrictions and penalties for marijuana cultivation within specific cities or counties in California. These local regulations may include zoning requirements, permitting processes, and other limitations on the location, size, and type of marijuana cultivation operations that are allowed in a particular area.
Overall, the penalties for marijuana cultivation in California can vary depending on a range of factors, and it is important to consult with a criminal defense attorney if you are facing charges related to marijuana cultivation.
What is the maximum number of marijuana plants an individual may legally grow in California?
Under California law, adults who are 21 years of age or older are allowed to grow up to six cannabis plants for personal use, per household. The plants must be kept in a locked area that is not visible to the public, and the harvested cannabis cannot be sold or distributed.
However, it’s important to note that local regulations and ordinances may place additional restrictions on the cultivation of cannabis, including the number of plants that may be grown per household. Some cities and counties in California have banned outdoor cultivation entirely, and others have placed limits on the number of plants that may be grown indoors.
In addition, individuals who are growing cannabis for medical purposes with a valid medical recommendation may be allowed to grow more than six plants, subject to certain limitations and requirements. The specific rules for medical cannabis cultivation can vary depending on the individual’s medical condition, their location, and other factors.
Overall, it’s important to understand the applicable laws and regulations in your area before engaging in any cannabis cultivation activities.
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What California Health and Safety Codes cover cultivation of cannabis in California?
The cultivation of cannabis in California is governed by a variety of health and safety codes at the state and local level. Some of the key California Health and Safety codes that cover cannabis cultivation include:
- Health and Safety Code section 11358: This section sets forth the rules for personal cannabis cultivation by adults. As noted, it allows adults to cultivate up to six cannabis plants for personal use, subject to certain restrictions.
- Health and Safety Code section 11357: This section sets forth the rules for possession of cannabis in California, including the amount of cannabis that individuals may possess for personal use.
- Health and Safety Code section 11362.2: This section provides additional protections for medical cannabis patients and caregivers, including the right to cultivate cannabis for medical purposes.
- Health and Safety Code section 11362.7: This section establishes a statewide identification card program for medical cannabis patients and caregivers.
- Health and Safety Code section 11362.83: This section establishes guidelines for local regulation of commercial cannabis cultivation, including requirements for permits, zoning, and taxation.
In addition to these state health and safety codes, there may be additional local regulations and ordinances that apply to cannabis cultivation in specific cities and counties. It’s important to consult with local authorities and a qualified attorney to understand the applicable laws and regulations in your area.
HS 11357(a)
Except as authorized by law, every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period of not more than one year or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment, or shall be punished by imprisonment in the state prison.
(b) Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100).
(c) Except as authorized by law, every person who possesses more than 28.5 grams of marijuana, other than concentrated cannabis, shall be punished by imprisonment in the county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment.
(d) Except as authorized by law, every person 18 years of age or over who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment in the county jail for a period of not more than 10 days, or both.
(e) Except as authorized by law, every person under the age of 18 who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be subject to the following dispositions:
(1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed.
(2) A fine of not more than five hundred dollars ($500), or commitment to a juvenile hall, ranch, camp, forestry camp, or secure juvenile home for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed.
HS 11358
Every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment in the state prison.
HS 11359
Every person who possesses for sale any marijuana, except as otherwise provided by law, shall be punished by imprisonment in the state prison.
HS 11360(a)
Except as otherwise provided by this section or as authorized by law, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any marijuana shall be punished by imprisonment in the state prison for a period of two, three or four years.
(b) Except as authorized by law, every person who gives away, offers to give away, transports, offers to transport, or attempts to transport not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking.
HS 11361(a)
Every person 18 years of age or over who hires, employs, or uses a minor in unlawfully transporting, carrying, selling, giving away, preparing for sale, or peddling any marijuana, who unlawfully sells, or offers to sell, any marijuana to a minor, or who furnishes, administers, or gives, or offers to furnish, administer, or give any marijuana to a minor under 14 years of age, or who induces a minor to use marijuana in violation of law shall be punished by imprisonment in the state prison for a period of three, five, or seven years.
(b) Every person 18 years of age or over who furnishes, administers, or gives, or offers to furnish, administer, or give, any marijuana to a minor 14 years of age or older shall be punished by imprisonment in the state prison for a period of three, four, or five years.
Criminal prosecution can affect your health, freedom, employment, and social life. You need help and you need the best criminal defense you can get. At the Law Offices of Tony M. Seyfi, with the state of the art computerized legal research tools and forensic techniques, we will focus on identifying the defenses you may have and will develop numerous challenges to any crime possible.
Our goal is a victory for our clients and to keep them from going to jail, and we are confident of our defense strategies. If you would like to discuss your case, call us today for a FREE CONSULTATION and case analysis.
