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Marijuana Cultivation Charges Defense Attorney 1-800-290-5055 (Affordable * Powerful * Effective)

   
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A. How Does California Law Define “Cultivation of Marijuana”? Under California Health and Safety Code Section 11018, marijuana is defined as the parts of the plant known as “cannabis sativa l” whether or not the plant is growing. Therefore, marijuana includes the components of the plant, i.e., seeds, resin that is derived from the plant and every compound derivative, manufacture and mixture of the plant. California Health and Safety Code Section 11358 criminalizes the cultivation, drying, harvesting, planting or processing of the marijuana plant or any component of it EXCEPT where it is permitted by applicable statute, namely, the so-called Compassionate Use Act or “medical marijuana law.” Webster’s Dictionary defines cultivation as preparation or using for the raising of crops, the loosening or breaking up of the soil to grow plants. However, 11358 is broader than that, encompassing the above-listed acts. You need not be physically present at the site of the cultivation in order to be found guilty of cultivating marijuana in California. If you are implicated in some way, even in some trivial or otherwise minuscule fashion, you can be found guilty of having violated California Health and Safety Code Section 11358 HS. In fact, so much as plucking the leaves from a nugget of marijuana is enough to subject you to criminal liability under this statute. B. What About the Compassionate Use Act? The so-called Compassionate Use Act of 1996 (or CUA), also known as California’s medical marijuana law, is set out in California Health and Safety Code Section 11362.5 and succeeding sections. The following persons are exempt by CUA from prosecution for cultivating marijuana so long as they are: - persons who utilize marijuana with a doctor’s approval for the treatment of some serious medical condition; - primary caregivers to medical marijuana patients - medical marijuana dispensaries HOWEVER, to qualify for this exemption, the marijuana must be utilized exclusively for the patient’s personal use or, in the case of a dispensary, the personal use of the members of the dispensary. If you fall outside the scope of this conduct, you do not qualify for CUA exemption status and you will PROSECUTED. C. What Punishment Am I Facing If I'm Convicted of Cultivating Marijuana in California? The illegal cultivation of marijuana constitutes a California felony. The punishment for a first offense of California’s Anti-Cultivation Law is a period of incarceration from a “minimum 16 months or unto 3 years in one of California’s correctional facilities. We offer local representation throughout Southern California, especially Azusa, Alhambra, Arcadia, Chino, Chino Hills, Covina, Diamond Bar, Duarte, El Monte, Glendora, Irwindale, Pasadena, San Dimas and West Covina. A criminal accusation is like a cancerous mass that can grow exponentially if left unchecked. Don't let it fester. We invite you to call us if you have a criminal case or even if you have a question related to a case that has not been yet filed. We take calls 24 hours a day; 7 days a week. Call us RIGHT NOW : 1-800-290-5055 Follow us on Instagram: @Coimbralaw Follow us on Facebook: /SanGabrielValleyLawyer Visit us online:

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