Clearing up the laws on marijuana cultivation charges
The most common form of drug manufacturing in California is cultivating marijuana. Laws have changed in recent years, so it’s important to understand what is allowed and what is not if you are arrested and charged with marijuana cultivation.
Cultivation of marijuana in any quantity is a felony under the California Health & Safety Code. State laws have relaxed in recent years, and people who grow for personal use are eligible for diversion as long as there is no evidence that they intend to sell what they are growing. Currently, there are no fixed number of plants that a person can grow and still be able to claim it is for personal use.
With the passage of medical marijuana laws, medical patients and their primary caregivers can possess and grow marijuana if they have been approved by a physician. Under this circumstance, a patient may have six mature or 12 immature plants. This figure may change from county to county, as local governments are given leeway that allows them to set higher numbers if they so choose.
It’s important to note that marijuana is still illegal under federal laws, which means that patients are not protected while on federal park or forest land. They are subject to search, seizure and prosecution under the federal Controlled Substances Act.
There are several possible marijuana cultivation defenses that can be employed. They include:
- The marijuana was prescribed by a licensed physician
- You are in possession of a medical marijuana card
- You are a primary caregiver of someone who is authorized to use medical marijuana
- You were a victim of entrapment
- You were not aware the plant in question was marijuana
The Linda Louder Law Office proudly serves the residents and businesses of Sacramento and surrounding communities in northern California.