According to California Health and Safety Code Section 11358, every person who
any marijuana or any part of it, except cases provided by law, will be punished pursuant to law provisions.
First of all, let’s define the term “Marijuana”. “Marijuana” means all of the Cannabis sativa L. including the seeds, resin and any salt, compound, derivative, mixture, or preparation or manufacture from the plant. This definition excludes the stalks and any other compound, manufacture, salt, derivative, mixture, or preparation of either the stalks or the seeds.
However, even if you are charged with marijuana cultivation in California there are various defenses which can be used in order to reduce or dismiss alleged charges. Your attorney can help you to prove that the police had not appropriate search warranty or the search was illegal, you did not know that it is marijuana or any part of it. The defenses can vary depending on the circumstances of your specific case.
Moreover, it occurs that the defendant has legal authorization to cultivate marijuana according to Proposition 215 (also known as the Compassionate Use Act) and California State Senate Bill 420. These documents state the right to obtain cannabis cards in California for medical purposes. For example, it is authorized for card holders to possess up to six mature plants, twelve immature plants, and eight ounces of dried cannabis. It should be noted that the authorized amount can differ from county to county.
Pursuant to the provisions of California Health and Safety Code Section 11358, a person convicted of marijuana cultivation will face the following penalties:
– Up to three year sentence in the Calfornia state prison.
If you have faced accusations of marijuana cultivation, it is essential to contact an experienced California defense attorney who will provide legal assistance to you. The Margarian Law Firm aggressively protects the rights of criminal defendants in California. We handle every aspect of your case, from the very start through the very last court hearing, all for a flat fee agreed upon before we begin.
You may file your request online, by telephone or by mail. 818-553-1000