California Health & Safety Code Section 11358
In recent years, California's laws regarding the controlled substance marijuana have been under increased scrutiny and demands for reform, creating a great deal of confusion and misunderstandings, particularly in regards to medical marijuana. If you have been charged or are currently under investigation for the crime of marijuana cultivation, get in touch with The Law Offices of Daniel E. Kann to secure a strong and reliable criminal defense attorney. As a felony offense, you may be facing jail time, heavy fines, and a criminal record. Do not wait to call (888) 744-7730 for a free and confidential case evaluation. We can help you understand your legal rights and begin working on your case immediately.
Drug Cases We Handle:
- Drug Diversion/Prop. 36
- Drug Manufacturing
- Drug Possession/Possession of a Controlled Substance (HS 11350)
- Drug Sales/Transportation (HS11352)
- DUI/Drugs (VC 23152(a))
- Felony Drug Charges
- Marijuana Cultivation (HS 11358)
- Marijuana Sales (HS 11360)
- Medical Marijuana/Compassionate Use Act (HS 11362.5)
- Misdemeanor Drug Charges
- Possession for Sale (HS11351)
- Possession of Cocaine
- Possession of Ecstasy
- Possession of Heroin
- Possession of Marijuana (HS 11357)
- Possession of Meth (HS11377)
- Possession of Paraphernalia (HS11364)
- Under the Influence (PC 11550)
What Constitutes Marijuana Cultivation?
Essentially, cultivation means germinating the seeds, tending to the plant, and/or drying and processing the marijuana once it has been harvested. According to California Health and Safety Code 11358, every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
It is important to note that you may be charged with violating HS 11358 whether cultivating one marijuana plant or hundreds. However, cultivating more than one plant may lead to suspicion of more serious offenses, such as possession of marijuana for sale, particularly if you are also found in possession of weight scales, packing materials, and other items typically used in sale of marijuana.
For more information about marijuana laws and how they may relate to your case, please contact defense attorney Daniel E. Kann.
Potential Consequences of Marijuana Cultivation in California
Cultivating marijuana in California without a valid Medical Marijuana license is considered a felony criminal offense, which may result in the following penalties:
- 16 months to three years in California State Prison
- Up to $10,000 in fines
- Mandatory completion of a drug treatment program
- Community service
Depending on the circumstances of the case, it is possible that repeat offenses and other aggravating factors may lead to increased penalties.
Fighting a Marijuana Cultivation Charge
With an experience criminal defense attorney on your side, it is possible to have the charges against you reduced or dropped. The marijuana defense lawyer Daniel E. Kann can help build a strong case on your behalf with the following explanations:
- You have been granted a medical marijuana card and may legally cultivate and use marijuana in California;
- There is a reasonable doubt that you cultivated the marijuana plant in question;
- The police conducted an illegal search and seizure in violation the Fourth Amendment of the US. Constitution;
- The marijuana was grown for personal use, not for sale; and
- The police did not have valid search warrants.
Protecting Your Future
Despite changing attitudes and marijuana law reform in California, marijuana offenses are still strictly prosecuted. If you, or someone you care about, are facing charges for HS 11358, the aggressive Santa Clarita drug crime attorney Daniel E. Kann can provide the effective legal defense you need to protect your reputation and future. A drug conviction can stay on your record and severely impact your rights. Call (888) 744-7730 today for a free and thorough consultation about your rights.