What Constitutes the Crime?
If you are 21 or older, you may legally cultivate up to six marijuana plants. Cultivation of more than six marijuana plants is a misdemeanor.
- Up to 6 months in county jail
- Or a fine of up to $500
- Or both
Cultivation: Violations and Corresponding Penalties for those Under 21
The violations and corresponding penalties for cultivating any amount of marijuana if you are under 21 years old differ according to different age groups.
They are specified below:
- Infraction Violation: Cultivation of any marijuana if you are under 18 is an infraction
- Infraction Penalties: Mandatory drug counseling and community service
- Infraction Violation: Cultivation of any marijuana if you are under 21 but over 18 is an infraction
- Infraction Penalties: a maximum $100 fine
What are the Defenses for Possessing with Intent to Sell?
An intelligent attorney will verify the arresting officer who searched your house or vehicle had sufficient probable cause to do so. If your house or vehicle was searched without sufficient probable cause, the attorney can issue a motion to suppress the evidence. If effective, the evidence becomes inadmissible, and generally, the case is dismissed.
When is Cultivation of More than Six Marijuana Plants Charged as a Felony?
- If you have been charged with serious violent crimes, or
- Are a registered sex offender, or
- Have been previously convicted of cultivating more than six marijuana plants two or more times, or
- In the course of your cultivation you violated these California environmental laws:
- Violation of Section 1052 of the Water Code relating to illegal diversion of water
- Violation of Section 13260, 13264, 13272, or 13387 of the Water Code relating to discharge of waste
- Violation of Fish and Game Code Section 5650 or Section 5652 of the Fish and Game Code relating to waters of the state
- Violation of Section 1602 of the Fish and Game Code relating to rivers, streams and lakes
- Violation of Section 374.8 of the Penal Code relating to hazardous substances or Section 25189.5, 25189.6, or 25189.7 of the Health and Safety Code relating to hazardous waste
- Violation of Section 2080 of the Fish and Game Code relating to endangered and threatened species or Section 3513 of the Fish and Game Code relating to the Migratory Bird Treaty Act
- Intentionally or with gross negligence causing substantial environmental harm to public lands or other public resources
Felony Penalties (in a county jail):
- 16 months
- Two years
- Three years
To speak with a knowledgeable attorney about your case, call Gurovich, Berk & Associates today for a free consultation (213) 385-1555.