Under the CUA, the following people can legally grow hash for medicinal use:
There are three crimes related to the unlawful cultivation of pot. These are:
2021 Update for California: People can no longer be incarcerated solely because they cannot afford bail. Clear and convincing evidence is required to show that detention is necessary to protect public safety. See In Re. Kenneth Humphrey on Habeas Corpus, (March 25, 2021). 2020 Update for Los Angeles County: Except in serious or violent felony .
8.2. Possession of hash with intent to sell – HS 11359
A person convicted under cultivation laws can get an expungement.
The full language of 11358 HS states that:
Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law, shall be punished as follows: (a) Each person under the age of 18 who plants, cultivates, harvests, dries, or processes any cannabis plants shall be punished in the same manner provided in paragraph (1) of subdivision (b) of Section 11357. (b) Each person at least 18 years of age but less than 21 years of age who plants, cultivates, harvests, dries, or processes not more than six living cannabis plants shall be guilty of an infraction and a fine of not more than one hundred dollars ($100). (c) Each person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment. (d) Notwithstanding subdivision (c), a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, or any part thereof, except as otherwise provided by law, may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if any of the following conditions exist: (1) The person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code. (2) The person has two or more prior convictions under subdivision (c). (3) The offense resulted in any of the following: (A) Violation of Section 1052 of the Water Code relating to illegal diversion of water. (B) Violation of Section 13260, 13264, 13272, or 13387 of the Water Code relating to discharge of water. (C) Violation of Section 5650 or 5652 of the Fish and Game Code relating to waters of the state. (D) Violation of Section 1602 of the Fish and Game Code relating to rivers, streams, and lakes. (E) Violation of Section 374.8 of the Penal Code relating to hazardous substances or Section 25189.5, 25189.6, or 25189.7 of the Health and Safety Code relating to hazardous waste. (F) Violation of Section 2080 of the Fish and Game Code relating to endangered and threatened species or Section 3513 of the Fish and Game Code relating to the Migratory Bird Treaty Act, or Section 2000 of the Fish and Game Code relating to the unlawful taking of fish and wildlife. (G) Intentionally or with gross negligence causing substantial environmental harm to public lands or other public resources.
2.1. Penalties under HS 11358
Three common defenses that criminal defense lawyers rely on:
In regards to medicinal marijuana, patients and their caregivers may cultivate up to:
Under California’s marijuana legalization law, you can only sell commercial cannabis as part of the legal cannabis industry if you have obtained a license to do so. These licenses will be issued to cannabis businesses by a newly-created Bureau of Marijuana Control (a.k.a. Bureau of Cannabis Control).
The immigration consequences of a criminal conviction involving an aggravated felony include deportation.
5. What is the penalty for selling to a minor?
Medical marijuana dispensaries
Anyone who has ever watched a cop show in America is familiar with the sentence, “You have the right to remain silent.” This warning, part of the famous “Miranda rights,” is usually taken to mean that your choice to remain silent will not be held against you if you are charged with a crime. Unfortunately, .
Additionally, our Las Vegas Nevada criminal defense attorneys represent clients accused of violating Nevada marijuana laws. For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.
The SB 420 state guidelines have a statewide guideline for the cultivation of 6 mature or 12 immature plants. (A qualified patient or primary caregiver may maintain no more than six mature or 12 immature marijuana plants per qualified patient). In order to avoid the hassle of possible arrest by police, it is advisable to follow the recommended guidelines.
California became the first state to provide for medical marijuana exceptions for patients and their primary caregivers. The Medical Marijuana Program Act allowed patients and primary caregivers to legally use, possess, and cultivate cannabis for medical purposes. Now with the legalization of recreational marijuana, the laws surrounding recreational and medical marijuana may be more confusing.
Being a qualified patient or primary caregiver can be an affirmative defense to many marijuana cultivation charges. It may also be a defense if the plants are grown on someone’s property and they were unaware of the pot being grown. Charges can also be reduced to a charge of possession, or deferred through the diversion program.
Medical Marijuana Plant Limits by Locality
Underage growers or individuals who grow more than 6 plants can be charged with a violation of California Health and Safety Code 11358. However, for individuals with prior criminal or environmental code violations may be charged with a felony if they grow more than 6 plants.
Criminal penalties often depend on the amount of marijuana involved, whether it is intended for sale, and transportation of marijuana. It is important to remember that although marijuana is legal in a number of states, including Colorado, Washington, and Oregon, it is still illegal at the federal level. This means that transporting marijuana across state lines or through an airport could lead to federal drug charges.
California was the first state to legalize medical marijuana in 1996. Twenty years later, California joined the handful of other states when it legalized the recreational use of marijuana with Proposition 64. Since then, it has been legal for most Californians to grow marijuana for their personal use. However, there are limits to who can grow and how much they can grow. Unlawful marijuana cultivation can still result in criminal penalties.
Medical Marijuana Cultivation
Anyone who plants, cultivates, harvests, dries or processes more than 6 living plants shall be punished by imprisonment in a county jail for up to 6 months, and face a fine of up to $500. Anyone under the age of 21 but over 18 who plants, cultivates, harvest, dries or processes not more than 6 living plants shall be punished by imprisonment in a county jail for up to 6 months, and face a fine of up to $500.
After Proposition 64, adults aged 21 and above can grow up to 6 plants for personal use. Six plants is the limit, regardless of their stage of growth or whether or not they are flowering. Plants need to be kept on your own property and should be kept out of sight from passersby. Growing marijuana could be further restricted by local ordinance, with some localities restricting cultivation to indoors only.