Cultivation
With the prevalence of medical marijuana, which allows patients to grow plants, cultivation of marijuana charges are becoming common in the state of California. In order to be convicted for marijuana cultivation prosecution, you need to be found in possession of a marijuana plant and it must be proven that you know that it was a marijuana plant. Cultivation refers specifically to marijuana. Cultivation of drugs other than marijuana is usually referred to as manufacturing.
Medical marijuana patients and their primary caregivers may cultivate up to six mature marijuana plants or 12 immature marijuana plants. If they have a doctor’s recommendation, they can grow a greater number of plants according to what the doctor deems is reasonable. Members of non-profit collectives or marijuana cooperatives may also cultivate marijuana to sell at cost to their members.
Medical marijuana patients and their primary caregivers may cultivate up to six mature marijuana plants or 12 immature marijuana plants. If they have a doctor’s recommendation, they can grow a greater number of plants according to what the doctor deems is reasonable. Members of non-profit collectives or marijuana cooperatives may also cultivate marijuana to sell at cost to their members.
Examples of Defenses Against Cultivation
The important distinction that prosecutors make is whether the plant in question is intended for personal consumption or whether it is intended for distribution. If the plant was for personal use, this would be grounds for a dismissal of your case. However, this does not apply if you have a very large crop of plants, or if you are dealing marijuana.
If the marijuana that you were cultivating was medical marijuana and was recommended by a licensed physician, then it was authorized for your own personal use. If the marijuana was authorized and you did not intend to sell the legally authorized marijuana that you cultivated, then the cultivation of the medical marijuana is also authorized. Under these circumstances, Walk Free Law can argue to the prosecutor that the fact that the marijuana was authorized means the cultivation is not illegal.
Moreover, if you have a Medical Marijuana card then you are legally allowed to possess or cultivate medical marijuana.
Likewise, if you are the primary caregiver of a person who is authorized to use medical marijuana, then I can argue that your cultivation of the marijuana was also not illegal.
Do not be fooled into thinking that cultivation charges are no big deal and should be shrugged off. The penalties for cultivation vary and can be severe. Indeed, cultivation can be a felony and result in 16 months to 3 years in jail, 0 to 5 years probation and exorbitant fines. However, cultivation charges of not more than 28.5 grams of marijuana or not more than four grams of concentrated cannabis are often reduced to simple possession of marijuana under California Health and Safety Code 11357, which is punishable by taking a class, community service, or a $100 fine. That is an infraction.
If the marijuana that you were cultivating was medical marijuana and was recommended by a licensed physician, then it was authorized for your own personal use. If the marijuana was authorized and you did not intend to sell the legally authorized marijuana that you cultivated, then the cultivation of the medical marijuana is also authorized. Under these circumstances, Walk Free Law can argue to the prosecutor that the fact that the marijuana was authorized means the cultivation is not illegal.
Moreover, if you have a Medical Marijuana card then you are legally allowed to possess or cultivate medical marijuana.
Likewise, if you are the primary caregiver of a person who is authorized to use medical marijuana, then I can argue that your cultivation of the marijuana was also not illegal.
Do not be fooled into thinking that cultivation charges are no big deal and should be shrugged off. The penalties for cultivation vary and can be severe. Indeed, cultivation can be a felony and result in 16 months to 3 years in jail, 0 to 5 years probation and exorbitant fines. However, cultivation charges of not more than 28.5 grams of marijuana or not more than four grams of concentrated cannabis are often reduced to simple possession of marijuana under California Health and Safety Code 11357, which is punishable by taking a class, community service, or a $100 fine. That is an infraction.