Over the past few years, many states in the US have begun to consider embracing the cultivation and use of marijuana in ways that would not have seemed possible a few decades ago. California has emerged as a shining example of how growing marijuana can be done in a safe and controlled way.
However, this does not mean that every resident in California is free to grow weed at any time and in any way that they want. Each marijuana cultivation case has to be looked at differently and the state laws have to be considered.
The cultivation of marijuana is covered under the California Health and Safety Code 11358. A few recent changes to this code have now made it legal to cultivate marijuana under certain circumstances. This is good news for medical marijuana patients who rely on this plant for their treatment.
However, anyone who intends to grow marijuana in Sacramento, CA, needs to understand the legal limit set by the state so that they avoid criminal conviction.
This article will look at some of the important aspects of the law on growing marijuana, as well as possible penalties offenders may face. Goss Law can also help with questions like What is the legal abortion limit in California?
California Marijuana Cultivation Laws
In California, residents can now legally grow marijuana and possess it for purposes other than medical use.
As such, recreational marijuana cultivation is rapidly becoming popular. However, there are still strict cultivation laws that need to be adhered to.
To protect the health and safety of the general public, the government has put limitations in place that marijuana growers need to maintain. This applies to every aspect of marijuana processing, including cultivation, harvesting, drying, and processing of weed. Goss Law can also help with questions such as What is the legal THA limit in California?
The legal limit for growing weed for personal use is just six marijuana plants per household. This means that if two or more people are living in the same house, they cannot each grow six cannabis plants per person.
In addition to state laws, residents must also follow any local ordinates that their counties or towns may have. Examples of common ordinates that need to be remembered are that the cultivated marijuana must be:
In a secured or locked area
Away from areas within public view, such as sidewalks
Indoors or on the premises of private property
Growers will also need a marijuana cultivation license if they intend to grow cannabis plants on their property.
Adult Use of Marijuana Act - Proposition 64
Before going further, it is important to discuss a little about the Adult Use of Marijuana Act, in particular Proposition 64. This is the specific law that allows adults over the age of 21 to grow up to six plants in their home for personal use.
The Act further allows them to process and keep the entire harvest they get from their marijuana plants. However, Proposition 64 also states that growing more than six marijuana plants remains illegal under California laws.
One of the effects of Proposition 64 is that it significantly reduced the level of sentencing that can be imposed for various marijuana cultivation-related offenses.
Specific Rules and Penalties Regarding Marijuana Plants in California
When an offender is arrested for the illegal cultivation, use, or distribution of marijuana, the penalties they may face depend on the nature of the charges. In that regard, the following rules and penalties apply to marijuana cultivation charges in California:
Possession for Personal Use
As long as a person is caught with less than 28.5 grams of marijuana and is over the age of 21, there are no penalties, incarceration, or fines that can be imposed.
If the offenses occur on school grounds, on the other hand, this will be a misdemeanor punishable by up to 10 days and $500 in fines.
Any cannabis amount over 28.5 grams is considered a misdemeanor and could result in a $500 fine and up to six months’ incarceration. Offenders under the age of 18 may receive drug counseling and 40 hours of community service.
Possession With Intent to Distribute
Anyone under the age of 18 cannot be punished for possession with intent to distribute beyond just receiving eight hours of drug counseling and 40 hours of community service.
However, for those over 18 years old, this is a misdemeanor punishable by six months in prison or a $500 fine regardless of the amount of marijuana involved.
Sale or Delivery of Cannabis Plants
Any sale or delivery of marijuana of any amount will be regarded as a misdemeanor punishable by a $500 fine and up to six months in prison as long as there is any monetary transaction involved.
Gifts of marijuana of up to one ounce, on the other hand, are regarded as legal as long as there is no exchange of money.
Adult Transfer Without Compensation
As long as the amount of marijuana involved does not exceed 28.5 grams, the giving away, manufacture, use, purchase, transportation, and possession of it is regarded as legal for adults over the age of 21.
Cultivation of up to Six Plants
Individuals over 21 years old can legally grow up to six plants of marijuana and keep all the products of its processing for personal use.
However, no one under the age of 18 is allowed to grow any amount of cannabis plants. Doing so will result in a punishment of up to 40 hours of community service and eight hours of drug counseling.
Cultivation of More Than Six Plants
Being caught cultivating more than six mature plants on the same property is regarded as a misdemeanor offense. This is regardless of the number of people who live on the property. A fine of up to $500 and a six-month jail sentence may be imposed.
Hashish and Concentrated Cannabis
Concentrated cannabis or hashish concentrates are a product of the processing of marijuana plants. According to Proposition 64 of The Adult Use Marijuana Act, anyone over 21 years old can possess up to eight grams of these concentrates without any risk of prosecution.
However, possession of more than eight grams will be considered a misdemeanor punishable by a $500 fine or a six-month jail term. Offenders under the age of 18 will receive the usual 40-hour community service and mandatory eight hours of drug counseling.
Here, it is important to note that if the manufacturing process involves the use of butane or similar extraction chemicals, this will be considered manufacture through chemical synthesis. In this case, the punishment could be between three and seven years in jail and a fine of not more than $50,000.
Paraphernalia
Marijuana paraphernalia refers to the equipment that is used to consume, conceal, or produce the drug. in California, there is no punishment for being caught in possession of it.
However, selling marijuana paraphernalia or its manufacture with the intent to sell is regarded as a misdemeanor punishable by between 15 days and six months in prison. A fine of up to $500 can also be imposed.
If the delivery is to a minor who is up to three years younger than the offender, the punishment will be a lot more serious. A sentence of one year in prison or a $1,000 fine can be imposed.
What to Do When Facing Illegal Cultivation of Marijuana Convictions
Conviction for the illegal cultivation of marijuana is not the most serious drug offense a person can face in California. However, any misdemeanor conviction is not something anyone would want. As such, it pays to know the right steps to take after being arrested.
Firstly, it is very important to not volunteer any information that may be used in court by the prosecutor against the offender. Anyone arrested in California has a right to remain silent if they do not wish to incriminate themselves.
The best thing to do in such cases is to request a good Sacramento drug crime attorney as soon as possible. Usually, the outcome of a court case will depend a lot on the evidence the prosecutor has against the defendant. As such, not offering additional information unless advised to do so by an attorney is the right thing to do.
Possible Legal Defenses Against Marijuana Cultivation Charges
It is up to the prosecutor to prove each legal element of the crime beyond any reasonable doubt. Based on this, a good lawyer can set up effective legal defenses against the evidence being used in the case. Some of the most common defenses are:
Any plants being used as evidence were obtained as a result of an illegal search and seizure operation by law enforcement agencies
Cultivating marijuana was in accordance with the accused's legal rights under Proposition 64
Claiming that the defendant did not know that the plants they were rowing were marijuana
The cannabis plants in question belonged to someone else
Fighting such cases is not always an easy thing to do. The law in California can be very complicated, which is why a highly experienced and determined attorney is required.
Does a Conviction Affect Gun Rights?
It is normal to assume that all drug offenses will automatically affect the accused's gun rights. However, that is not the case when it comes to a relatively minor misdemeanor for marijuana cultivation. Even after serving their sentence, the offender's rights to bear arms will not be affected.
Re-sentencing Under Proposition 64
Proposition 64 was only implemented in November 2016. That means prior convictions were a lot more serious than what the crime warrants these days.
As such, those convicted before Proposition 64 came into effect can apply for a resentencing under the new marijuana cultivation laws. In some cases, a complete reversal of the initial judgment may be possible.
Getting a Cannabis Cultivation Conviction Expungement
After the completion of jail time or probation, the offender can apply for a complete expungement of their record so that their offense will not continue to haunt them. A good expungement attorney can assist in the filing and legal representation when an offender is seeking to get their slate wiped clean.
Arrested for Illegally Cultivating Marijuana? Goss Law Can Fight the Case
Residents in California can now enjoy the benefits of being able to grow their weed even without a prescription for medical marijuana. This is a result of Proposition 64. However, it is illegal to cultivate cannabis plants beyond the California limits of up to six plants per house.
Anyone arrested for growing pot in Sacramento can call Goss Law and ask to speak to a good lawyer.
Commentaires