Cannabis laws are a hotly contested topic across the US and many parts of the world- with recent changes increasing the circumstances under which it is legal to use it.
In California, recent updates to local laws have made it legal to grow weed- and not just for medical marijuana patients.
Recreational cannabis use and the cultivation of plants are still highly regulated, and penalties will apply if rules are broken.
How many marijuana plants can you have in California, what regulations are in place, and what are the potential penalties for violations? Learn more with support from the expert criminal defense team at Goss Law.
Marijuana Cultivation and California Law
Marijuana cultivation covers everything from the planting to the processing of the cannabis plant. That includes growing, harvesting, and drying- or clipping the leaves to smoke or use in other ways.
California Health and Safety Code considers general marijuana cultivation a crime punishable by law, but there are several exceptions for recreational cannabis and medicinal cannabis use.
In some circumstances, it is legal to cultivate marijuana in California- but it is limited to a certain number, and restricted depending on age and registered health conditions.
How Many Cannabis Plants Can an Individual Legally Grow in California?
California residents aged 21 or above can legally grow up to six plants per residence. The limit per household is six, regardless of how many occupants there are. It is illegal for anyone below the age of 21 to grow cannabis in any quantity.
One exception applies to those who qualify under the Compassionate Use Act of 1996. Any patient (or the patient's caregivers) with approval from a doctor can grow up to six mature plants and 12 immature plants for use as treatment for their condition.
What Other Laws Apply to Marijuana Cultivation in California?
The specific rules vary between towns and counties within California, but some regulations apply generally in most areas.
Marijuana cultivation should only happen on a person's private property- either on the premises or indoors.
No cultivation should happen within public view- including from a road or sidewalk.
All plants should be stored and cultivated in a secure, locked area.
In summary, the personal cultivation of cannabis products must be private and secure.
Are the Laws Different for Concentrated Cannabis?
While there are no specific laws for different types of plants, there are differences in how much processed marijuana a person can have in their possession.
Part of the Marijuana Act sets a limit of 28.5 grams of marijuana- but only eight grams of concentrated cannabis, also known as hash.
A person can legally cultivate hash using their plants, but not in the same quantities as regular marijuana.
What Are the Legal Penalties for Illegal Cultivation in California?
Anyone who exceeds the legal limits (more than six plants for most people) is in breach of California law and could face criminal penalties.
Several factors influence the likely punishment- including the defendant's age, how many plants they had, and what previous offenses they have. The possible outcomes may include fines, probation, and even jail time.
First Offense
Cultivation of fewer than six plants by adults aged between 18 and 20 is considered an infraction. If it is a first offense, the maximum fine is $100.
Someone aged 18 or over who is charged for the first time with the cultivation of more than six plants may face a misdemeanor charge. The maximum fine is $500, and they may also face a county jail sentence of up to six months.
If there are no previous charges, and the amount of plants does not suggest cultivation to sell cannabis, the jail sentence may be replaced with probation or enrolment in a drug treatment program.
Second Offense
The penalty could increase if the defendant has a previous conviction- regardless of whether or not it is related to cultivating marijuana plants.
It is unlikely that they will avoid jail time if the charges are confirmed. Fines can also increase with a second conviction.
Felony Charges
Any third illegal marijuana cultivation charge in California is considered a felony offense. Felony charges for drug possession include fines of up to $10,000 and up to three years in county jail.
It is not only prior convictions for growing cannabis that bump a misdemeanor up to a felony- an excessive amount beyond reasonable personal use (with intent to sell) could also warrant the enhanced penalties.
Anyone with a serious violent felony on their record will also face felony charges if they exceed marijuana cultivation limits. This also applies to any registered sex offender, or someone in violation of environmental laws (stealing utility power to grow plants).
Understanding Cannabis Control Laws and Personal Cultivation Rights
One of the major issues following changes to California marijuana laws is knowing what is and is not allowed. People may find themselves facing charges through a misunderstanding of the law- either on their side or from local law enforcement.
Knowing their rights helps keep California residents safe from unlawful convictions.
Medical Cannabis Use
Medical cannabis use has been legal- although controlled- in California since the mid-90s. Those suffering from certain medical conditions may grow and use cannabis at home- as long as they have permission from their doctor.
In some circumstances, they may grow more plants than the usual limit of six per household. If someone is arrested for marijuana cultivation but is exempt on medical grounds, they must provide evidence to avoid being charged.
Recreational Cannabis Use
Changes in California law extend legal cannabis use to cover recreational activities. As long as a person is following all the rules (no more than six plants, over the age of 21, and cultivating on a private residence away from the public eye), they can legally enjoy their weed or hashish in the privacy of their own home.
There are, however, limitations regarding how much marijuana a person can possess. Exceeding it could throw their intentions into question.
Commercial Cannabis Activities
It remains illegal to cultivate marijuana for commercial purposes. California law only allows personal cannabis growth for individual medical or recreational use.
Advertising or selling it in any way is not permitted and could result in criminal penalties. Depending on the scope of the business, selling home-grown marijuana could constitute a class A misdemeanor or felony offense.
What to Do if Arrested for Illegally Cultivating Marijuana?
The first thing to do if arrested for growing cannabis plants in California is to contact an attorney.
They can ensure all evidence is properly reviewed, and can quickly act to find a defense and look for irregularities in the arrest and charges.
Possible Legal Defenses
Unlawful cultivation charges are defendable- especially if there is any doubt as to the legality of the possession and growth of plants.
A defense attorney can explore all avenues for fighting charges to get them dropped- or at least push for expungement after the fact.
Here are some possible legal defenses in a marijuana cultivation case.
The cannabis plants belong to someone else: The fact that cannabis plants are present on a premises does not automatically mean that they belong to the property owner.
The search and seizure was unlawful: Entering and searching a property without a valid search warrant or probable cause is unlawful, and any arrest made thereafter must not stand according to the law.
The plants are not marijuana: Some plants could be mistaken for cannabis, so tests must be run to confirm what they are and whether or not THC is present.
The number of viable plants does not exceed the legal limits: It is not illegal to grow weed up to a certain point. Proving the amount was within legal limits can help accused parties avoid charges.
The owner is permitted under medical marijuana laws: The Compassionate Use Act was introduced in 1996. Proving exemption on these grounds is a valid defense in many cases.
Having the right defense is crucial for avoiding marijuana convictions. Working with a trusted crime law firm in Sacramento and expert in California cannabis regulation can help ensure the best legal strategy is put together as soon as possible.
Goss Law of Sacramento, California: The First Line of Defense in Marijuana Cultivation Cases
Anyone facing charges for illegal cultivation of marijuana in California can turn to Goss Law for a powerful defense. This team of expert defense attorneys fights for the rights of those accused of illegal activity- taking every possible step to avoid a criminal conviction and penalties. We can also answer questions such as What are the laws for cannabis advertising in California?
The Goss Law legal experts can also assist those convicted of a marijuana cultivation crime before the law changed. There is reasonable cause for expungement in many circumstances- and jail sentences could potentially be shortened with the right defense.
Contact the experienced and dedicated team today to arrange a free consultation to discuss your case. Changes in California drug laws and the health and safety code can lead to confusion, so it is crucial to have a clear and accomplished defense to see you through.