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Potential Consequences of Marijuana Cultivation in California

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.

Hoffman & Associates
Los Angeles Office
5900 Wilshire Boulevard, Suite 2600
Los Angeles, California 90036
Phone: (323) 655-3900
Send us an e-mail

Hoffman & Associates
San Diego Office
12707 High Bluff Drive, Suite 200
San Diego, California 92130
Phone: (760) 942-0069
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I can't begin to thank Mr. Hoffman enough for his extensive efforts throughout the entire case. He went absolutely above and beyond throughout the entire process. From day one he was immediately actively pursuing ways to prevent my case from ever going to court and once that was no longer an option, actively began working on getting the case ultimately dismissed. His communication was consistent and reassuring, despite my frantic worries all the time...
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My family and I simply owe our life and future to Ron Hoffman. If you are looking for a lawyer that goes above and beyond the call of duty you can't find a better lawyer than Ron. He took my case head on from the moment I called his office. I was involved in an accidental hit and run where I was unaware of the injury. Every step of the way, Ron guided me through an almost two year long investigation and court settlement process and was constantly by my side through out every crossroad... Bill Martin
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Ron Hoffman and his staff were Fantastic when dealing with such a serious issue of DUI. When I first Called Ron I was very nervous and worried for my daughter and her freedom. She had a failure to appear on top of her DUI and I knew just how bad this could be. Ron was able to immediately put me at ease and gave me the confidence that there was hope and a light at the end of the tunnel. Ron was able to get the failure to appear dismissed and also no jail time for my daughter... Claude Brown
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I have been working with Mr. Hoffman for over 11 years. I have seen first hand his genuine dedication to his clients, and how his experience, knowledge and passion have gotten clients fantastic results. He treats each of his clients as his only client, and takes the time to develop detailed strategies and defenses for each individual case. I have never hesitated to refer Mr. Hoffman to anyone who has asked me for a good Criminal Defense attorney. He is a fantastic attorney!... Neeta P.
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I had a DUI issue recently. I have never had a problem with the law as serious as this one. I did panic a bit after and knew I had to get a lawyer to help my future. I researched the Web and read the reviews for awesome DUI Lawyers. Hiring a lawyer can be intimidating. Ron's 30 years experience and step by step guidance helped me with my case. Jonie was amazing with keeping me calm. Ron Hoffman is a great lawyer and I would refer any friends or family to him... Manuel Gomez
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Ron was so accommodating and professional. With a Firm like his you wouldn't expect him to be as accessible, but he immediately returned phone calls, was easy to communicate with and was very sympathetic to my situation. He went above and beyond and was able to get a better result than I'd hoped or expected. I highly recommend Ron Hoffman and his firm. He made a difficult and anxiety fueled process bearable and made me feel safe. He is a lovely man. One does not wish to need a criminal attorney, but if you do need one, Ron's the guy to call... Teri A.
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I hate lawyers. They are hard to get a hold of, greedy and unreliable. Ron is the opposite of all these things. He deserves 6 stars, and I very much recommend him. He helped me through my case with nothing but kindness, understanding, and knowledge and eventually got it dropped. Thanks for everything Ron!... Avi Z.