Recreational cannabis sales began in January 2018, and while many have played by the rules, the illegal growth and sale of the plant continues to undermine those following the rules.
You can report an illegal business anonymously online at cannabis.ca.gov.
Cannabis status by state.
More than 1.11 million illegal plants were seized in 2020.
Marijuana is legal for adults to use in 18 states and Washington, D.C. Medical marijuana is legal in 37.Most recently, New Mexico, Virginia and Connecticut legalized recreational cannabis.
State license issuance began in 2018, but data isn’t available for that initial year because they were issued as temporary licenses. Data sets begin in 2019, when 12-month annual and provisional licenses began to be issued, using the online licensing systems. Licenses remain active for one year, at which point they can be renewed for an additional 12 months. This list displays counts of when the licenses were first issued, but not each time one was renewed.
Illegal plants seized in California by year.
Since its establishment in 1983, the Campaign Against Marijuana Planting has had more than 110 law enforcement agencies involved, making it one of the largest law enforcement task forces in the U.S.
Licensed to grow, manufacture and sell.
That would make it the eighth most valued commodity in California agriculture.
A conviction under this statute, though, does not produce these results.
He cannot be guilty for someone else’s actions. Therefore, it is a crime for a defendant to show that the drugs in question were not his.
Our California criminal defense attorneys will answer the following key questions in this article:
A defendant can beat a charge under these California marijuana laws with a legal defense .
A simple conviction under this statute will not have negative immigration consequences.
6. Can a person get a conviction expunged?
Felony penalties are punishable by:
Butterfly knives are illegal in California. The law treats butterfly knives as a type of switchblade under California Penal Code 21510 PC. This statute makes it a crime to carry, possess in public, sell, or otherwise transfer a butterfly knife. Convictions are misdemeanor offenses that carry up to 6 months in jail. Are butterfly knives .
Under the CUA, the following people can legally grow hash for medicinal use :
For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group for a free consultation. Our law office creates attorney-client relationships throughout the state, including Los Angeles, Santa Ana, Orange County, Long Beach, San Bernardino, Beverly Hills, Riverside, Pasadena, Glendale, and more.
This is true, however, only provided that the defendant completes :
This statute also says that it is a misdemeanor if:
Medical marijuana patients and their primary caregivers may cultivate up to :
Cultivating marijuana is punishable by:
An accused is only guilty under this statute if:
7. What about cultivating medicinal marijuana?
Since Proposition 64 , it has been legal to grow marijuana for recreational use . This is provided that both of the following are true:
A person that unlawfully cultivates this drug may:
Health and Safety Code 11358 HS is the California statute that defines the crime of illegal cultivation of marijuana . Although adults 21 and over are now permitted to grow up to 6 cannabis plants , the law makes it a misdemeanor offense to grow in excess of these limits. A conviction is punishable by up to 6 months in jail .
While the crimes of shoplifting and petty theft are similar, they are technically different offenses under California criminal law. The main difference between the two is that while shoplifting focuses on the act of entering a store with the intent to steal, petty theft focuses on the actual taking of property. Per California Penal Code .
Getting a DUI is an unpleasant experience, to say the least. Most people think that if they have been cited for a DUI, they are basically doomed. This is not always the case. There are many factors that can affect a DUI charge. With the help of qualified legal counsel, it is possible to sometimes .
2.2. Drug treatment.
HS 11358 only applies to the cultivation of marijuana . This means it is always a valid defense for a defendant to say that:
Three common defenses that criminal defense lawyers rely on:
After the legalization of marijuana in California in 2018, adults age 21 and over can possess:
Per Penal Code 1000 PC, some people convicted of unlawful cultivation may:
A defendant can beat a charge under this statute with a legal defense. Common defenses include:
This is known as “ deferred entry of judgment (DEJ) .”
For information on marijuana cultivation in Nevada and Colorado, please see our articles on:
Let’s look at an example of someone who may be charged with marijuana cultivation. A man is found with over 50 marijuana plants growing in his backyard. On the surface, this number of plants would not appear to be solely for personal use. The man lives in the home alone, holds a valid medical marijuana card, and has no prior criminal charges or convictions.
Although the medical marijuana prescription allows the man to grow marijuana for his own personal use, that growth is limited to six mature plants and twelve immature plants. Any number of plants beyond that amount will raise suspicion and possibly liability under the law. In the above example, the man is growing 50 plants, which can easily be argued are for sale and not for personal use. Since he owns the house, and lives there alone, an argument cannot be made that the plants are not his. Although there is a large amount of marijuana being grown, the man may not face a penalty on the high end of the spectrum because it is his first criminal offense.
If you or someone you know has been charged with marijuana cultivation, the skilled criminal defense attorneys at Hoffman & Associates can help. There are several defenses available for a person charged with marijuana cultivation, including:
The sentencing range for marijuana cultivation is up to three years in state prison, up to a $10,000 fine, and probation. If given probation, it is formal probation where the person must report to a probation officer as required. Formal probation is given in cases where the charges and conviction are more serious in nature.
Those found guilty of marijuana cultivation face a penalty that falls within a spectrum of possible sentences established by legislation. Which penalty will be given depends on the specific facts of the case, as well as the person’s criminal background.
Potential Consequences of a Marijuana Cultivation Conviction.
Hoffman & Associates Los Angeles Office 5900 Wilshire Boulevard, Suite 2600 Los Angeles, California 90036 Phone: (323) 655-3900 Send us an e-mail.
The marijuana laws in California are complex and you need a solid, professional defense attorney by your side if you are facing marijuana cultivation charges. The criminal defense lawyers at Hoffman & Associates have over 30 years of courtroom experience and have represented hundreds of clients facing offenses related to marijuana in California. Contact us today to schedule a consultation to discuss the facts of your case and learn about your legal rights when it comes to marijuana cultivation.
Qualified Marijuana Defense Attorneys.
Our knowledgeable attorneys will fight for your rights and reputation if you are charged with a marijuana offense. We will work to get the charges reduced or dismissed. However, if none of the available defenses apply to your case, then you may be facing a range of potential consequences. It’s important to understand your legal options.
Under the California Health and Safety Code §11358, it unlawful for any person to manufacture or grow marijuana. The law covers any acts associated with the growth or manufacture of marijuana, including cultivating the plants in soil, harvesting the plants, and processing the marijuana.
Hoffman & Associates San Diego Office 12707 High Bluff Drive, Suite 200 San Diego, California 92130 Phone: (760) 942-0069 Send us an e-mail.