Cannabis cultivation is illegal in California. There are a lot of people doing drug cultivation, but most of them are legally allowed to do so.
Many of you are probably wondering why the law favors a few individuals while they are punishing other people for marijuana cultivation. Marijuana can be considered as a type of drug and it can be used as a medication for certain diseases like AIDS, cancer, seizures, and more.
Cannabis cultivation laws in California are very strict and if you are found guilty, you might face jail time and a fine. If you are thinking about cannabis cultivation, here are a few things that you should know about the laws in California.
What Is Cannabis Cultivation?
Marijuana cultivation is more or less the growing of marijuana. In most places around the globe, growing marijuana is illegal. However, in some parts of the United States, you are given a cannabis cultivation license to legally grow cannabis.
Can you Legally Grow Marijuana in California?
California is loosening up its restrictions when it comes to cannabis cultivation. Although growing cannabis is still a serious offense, there are several ways in which you will be allowed to grow marijuana without breaking any laws.
In the past, you can only grow marijuana for medical purposes, but under Proposition 64, people living in California can now grow cannabis for recreational purposes.
Cannabis Cultivation Laws in California
Under Proposition 64, drug cultivation for recreational use is legal, but there are restrictions on who can grow the plant and the amount he/she can cultivate.
It will only be legal if both of the following statements are true:
- The marijuana cultivator is 21 years or older
- He/she cultivates no more than six cannabis plants.
- Aside from these two, there are certain restrictions placed to make sure that they won’t go overboard. The cultivator needs to follow local ordinances placed by the city and they can only grow up to six plants in a single residence.
It means that even if you are living with your partner in a private residence, you can only grow up to six plants. In general, you can only grow weed indoors or within your private property. You can only do so in a locked space or in any area that is not visible to the public.
Penalties for Illegally Cultivating Cannabis
For marijuana cultivation, penalties for growing weed illegally can be divided into three:
- Infraction: You will be given an infraction if you are between 18 to 20 years old and you are growing weed in your house. It is punishable by a fine of $100.
- Misdemeanor: You will be charged with a misdemeanor if you are 21 years or older and you are growing more than six plants. You might be put into custody in the county jail for up to six months or receive a fine of up to $500.
- Felony: You will be charged with a felony when you are cultivating more than six plants and you are guilty of one of the following:
- A serious violent felony on your record
- Registered sex offender
- Two or more convictions under HS 11358
- Violated environmental laws on cultivating marijuana
The penalty for a felony is up to three years in jail and a fine of $10,000. There is also a marijuana law on possession and sale. You are only allowed to possess up to one ounce of dried marijuana or eight grams of concentrated cannabis.
You need a cannabis cultivation license if you want to be a seller of marijuana. It means that it is illegal to sell weed if you don’t have a license to do it. You are only allowed to grow your weed, but you are not allowed to sell it. You cannot give it to minors as well.
Growing and using marijuana for recreational purposes has become legal in some states, but they are still regulating it to make sure that the users won’t get too addicted. If you are penalized for growing marijuana, you can always get the best criminal lawyers in Los Angeles that would represent you in court. These professionals can also help you understand what you need to know to grow marijuana legally in your area.
What are the Defenses of the Unlawful Cultivation of Cannabis?
The following defenses are available to individuals charged with cultivating greater than six cannabis plants:
- The cannabis belonged to another individual;
- The defendant was not aware that the cannabis was where it was found;
- The defendant was not aware that the cannabis was, in fact, cannabis;
- The defendant is a licensed medical cannabis user whose medical needs require him/her to cultivate more marijuana than California law otherwise allows; or
- The cannabis was found as a result of an illegal search.
Speak to a Criminal Defense Attorney
If you have been charged with unlawful cultivation of cannabis, and you believe you are within one or more of the above-listed exemptions, contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible.
The attorneys at Manshoory Law Group, APC have extensive knowledge of and experience in the ever-changing area of drug law, and we will ensure that you are provided with an effective and aggressive defense so that you have the best possible opportunity at defending the charges asserted against you.
Attorneys are available 24/7 to take your call. Contact us today for an initial consultation.