Potential Consequences of Marijuana Cultivation in California
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.
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 evidence found was the result of an illegal search and seizure
- The person charged holds a legal medical marijuana prescription
- The person was not the one cultivating the marijuana
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.Potential Consequences of a Marijuana Cultivation Conviction
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.
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.
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 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.Qualified Marijuana Defense Attorneys
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.