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California Health and Safety Code 11358 | Cultivation of Marijuana

Posted in California Law,Drugs on July 4, 2024

Despite marijuana being legalized in California, there are still several laws prohibiting its use and production, including California Health and Safety Code 11358. This law prohibits the cultivation of marijuana, but there may be viable defenses that our experienced Riverside drug crimes lawyer can raise on your behalf.

What Is the Crime of Cultivating Marijuana

California Health & Safety Code 11358 HSC states, “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.” As you can see from this definition, there are times when it is legal to cultivate or process cannabis, namely when all of the following conditions apply:

  • You are at least 21 years old.
  • You cultivate no more than six cannabis plants at a residence.
  • You follow any local ordinances that apply to the cultivation.
  • The cultivation site is indoors or on your private property, in a locked space, and not visible from a public place.

There are also special rules that apply if the marijuana you are growing is for medical purposes. In these cases, the marijuana you are cultivating must be reasonably related to your or your patient’s current medical needs. Patients with a serious medical condition, their primary caregivers, and dispensaries are allowed to cultivate marijuana according to these conditions.

Penalties for the Unlawful Cultivation of Marijuana

Individuals aged 18 to 20 can be cited for an infraction and charged a $100 fine. If you are 21 or older and found unlawfully cultivating marijuana, you may be charged with a misdemeanor or felony offense. A misdemeanor carries a potential punishment of up to six months in jail and a $500 fine. If you are charged with a felony offense under California Health and Safety Code 11358, you can face up to three years imprisonment and a fine of up to $10,000.

California has overhauled its drug penalty laws over the last few years so that penalties are less severe than they were before. Additionally, it may be possible to request a deferred entry of judgment, complete drug treatment, and avoid a conviction. A knowledgeable Riverside criminal defense lawyer can evaluate your case to determine your eligibility for this alternative.

Call a Riverside drug defense lawyer for a free consultation

Defenses to Cultivating Marijuana

There may be several viable defenses to this crime, including that your cultivation was within the legal bounds of California Health and Safety Code 11358. Or, the marijuana may not belong to you, or you may not have had any knowledge it was growing on the property. Finally, if police discover the marijuana through an illegal search and seizure, it may be possible to suppress evidence of the plants and have the charges dismissed as a result.

Contact a Riverside Drug Defense Attorney for a Free Case Review

When you are facing criminal charges that could result in jail time or a conviction that could negatively impact your future, you need experienced legal assistance. Graham Donath has spent his entire professional career defending people against criminal charges and protecting their rights. Contact us today at (951) 667-5293 for a free consultation.