Posted on

legality of growing cannabis in california

Legality of growing cannabis in california

California’s “Compassionate Use Act of 1996” (the “CUA”) applies to the medicinal use of marijuana. The Act’s provisions are set forth in Health and Safety Code 11362.5 HS.


An FTA warrant is essentially a bench warrant for a person’s arrest that a judge issues because the person “failed to appear” (FTA) for a court matter. A defendant can “fix” the warrant by “recalling” or “quashing” it, which means having it cleared from the judicial system. Defendants typically must appear in court to recall .

It is an infraction under this law if someone aged 18-20 grows weed. The crime is punishable by a maximum fine of $100. 5

8.1. Simple possession of marijuana – HS 11357

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 .

The full language of 11358 HS states that:

The crime is punishable by:

2.1. Penalties under HS 11358

The term “cultivate” means to do any of the following:

Unless local law permits otherwise, a person must grow weed:

Legality of growing cannabis in california

Such evidence can include:

The sale of marijuana – and even possession with intent to sell — is an “aggravated felony” for purposes of the Immigration and Nationality Act. This is true regardless of whether you were convicted under California or federal law. 31

4. What are the penalties for selling, gifting, transporting, or importing marijuana?

When federal prosecution for marijuana is likely to occur

Legal references:

For most defendants, unlicensed sale or transport for the sale of marijuana is a misdemeanor punishable by up to six (6) months in county jail and/or a fine of up to one thousand dollars ($1,000). (For defendants under 18, it is an infraction. Also, giving away or transporting for sale up to 28.5 grams of marijuana without a license is an infraction.)