Consequences for Marijuana Cultivation in California (HS 11358)
California has strict laws regarding illegal drugs. Possessing up to an ounce of marijuana is an infraction that carries a fine of $100. However, distributing, selling or cultivating the drug are crimes that carry severe penalties. In fact, it doesn’t matter if you are growing marijuana for personal use, patient use or to sell on the street; cultivation of an illegal substance is a felony offense in California.
Penalties for Cultivation of Marijuana in California (Health and Safety Code Section 11358)
Under California Health and Safety Code Section 11358, if you plant, cultivate, harvest, dry or process marijuana, you face hefty fines and a jail sentence, even if you are growing for a patient whose physician recommended medical marijuana use. Under HS 11358, how you are punished will not depend on how many plants you grow, how much you are processing or if you are growing for yourself or for distribution. A conviction for cultivation of marijuana carries a sentence of 16 months, or two or three years in county jail.
HSC 11358 deals specifically with marijuana cultivation. The manufacturing of other controlled substances is covered under other laws included in the Uniform Controlled Substances Act. Typically, these crimes carry prison sentences of up to seven years. Possessing the chemicals used to manufacture drugs such as methamphetamine carries a sentence of up to six years in prison.
Defenses to Marijuana Cultivation Charges
Depending on the circumstances of your case, there are several potential defenses to a cultivation of marijuana charge that your experienced criminal defense attorney can use in your defense, including:
- You were not the person who was cultivating marijuana because you didn’t reside at the property where the cultivation took place
- You have a written or oral recommendation from your physician for medical marijuana treatment
- You are the caregiver of a patient who has an oral or written recommendation from their physician for medical marijuana treatment
- You have a medical marijuana identification card
- You are licensed for marijuana cultivation
Keep in mind, if you are able to prove to the court that you had no intention of selling the marijuana you are growing, you may be able to have the charges against you reduced to a misdemeanor offense. However, if you have a prior criminal history, the prosecutor may request that your sentence be enhanced.
Charged with Cultivation of Marijuana? Call Wallin & Klarich Today
If you are facing felony charges for cultivation of marijuana, contact a Wallin & Klarich criminal defense attorney immediately. Our skilled attorneys have over 40 years of experience successfully defending our clients charged with drug crimes. We will analyze the facts of your case and plan a defense strategy that will help you get the very best outcome possible in your case.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5425 for a free phone consultation. We will be there when you call.
