Are you facing charges for Cultivating Marijuana? Violation of California Health and Safety Code 11358 is a felony offense. This is regardless if you’ve cultivated one or an entire farm of Marijuana. A person’s criminal record is more available now than ever before. This is one of many reasons why it is important to contact a marijuana defense lawyer if you’ve been arrested for marijuana cultivation.
HS 11358 Defined
Cultivating marijuana is also aliased as manufacturing the following terms:
Cultivating pot is defined as either:
- Germinating the seeds of the pot plant
- Placing and tending this is in a land space
- Or using the grown plant to dry and process for use
In order to prosecute for California Health and Safety Code 11358, the state has the burden to prove you were guilty of either:
- The defendant was growing one or more cannabis at his or her property
- The defendant was aware of this cultivation or manufacturing
Top Defenses for Marijuana Cultivation:
The marijuana was for personal possession and not for resale, even if there were multiple plants found in your home or property. This is because one plant generates only a small amount of functional marijuana.
The marijuana was planted for medical purposes, and you were permitted to use medical marijuana for an ailment or terminal condition. More details about this can be found under California Proposition 215. It’s important to note that defendants will need to have a Medical Marijuana ID for verification of this claim, or else the prosecution will move forward.
There are numerous defenses for marijuana cultivation that a California Defense Lawyer can help with. This includes having the marijuana returned to you in some instances, such as for medical use as discussed above.
Potential Penalties for Violating 11358 HS
Cultivating Marijuana is a felony criminal offense and those found guilty can face:
- Up to 3 Years in the California State Prison
- Up to $10,000 in fines
An alternative sentencing is given in some cultivation of marijuana cases. This can include:
- Up to 3 Years of Probation
- Up to 1 year in the county jail
If you need an attorney to defend charges for Cultivating Marijuana and/or California Penal Health and Safety Code Section
11358, our experienced attorneys can help you. Every alleged Marijuana offender can receive a free legal consultation for up to one hour.
Our lawyers can help to:
- Lower the fines you may be facing
- Get the case thrown out altogether