Marijuana is still illegal under federal law.
Proposition 64 requires all medical marijuana users to obtain a new recommendation from their physician by January 1, 2018.
Concentrated cannabis is considered to be marijuana under California law. This means, among other things, that people entitled to possess, cultivate, or transport medical marijuana may do the same with concentrated cannabis. 15.
1. Is marijuana possession for personal use legal in California?
If the minor involved is under 14 years of age, the penalty is:
Users of marijuana — both recreational and medical — should be aware that federal law, rather than California law, applies on federal property within the state of California. Examples of federal property include:
Driving with marijuana is an infraction. It can be punished by:
Federal law applies on federal property within California.
Additionally, our Las Vegas Nevada criminal defense attorneys represent clients accused of violating Nevada marijuana laws. For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.
“Concentrated cannabis” is the separated resin (whether crude or purified) obtained from the marijuana plant. It is commonly referred to as “hashish” or “hash.” 14.
9. What is the federal law?
Fines and periods of incarceration increase for greater quantities of marijuana or conviction of subsequent offenses.
Cultivating more than 6 marijuana plants can be charged as a California felony, however, for the following defendants:
For more information about California’s marijuana laws, or to discuss your case confidentially with one of our criminal defense attorneys, please don’t hesitate to contact us at Shouse Law Group. Our California criminal law offices are located in and around Los Angeles, Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.
Marijuana and cannabis products must be smoked or consumed in private, with the consent of the property owner. This means that your landlord or employer can prohibit your use of marijuana at work or on a property you rent.
6. What are the laws for concentrated cannabis?
What may medical marijuana patients and primary caregivers legally do?
A first offense for simple possession of marijuana is punishable by:
When federal prosecution for marijuana is likely to occur.
Punishment for illegal possession of marijuana is as set out in the chart below.
But marijuana possession for sale without a license is a felony if any of the following is true:
The term “ cultivate ” means to do any of the following:
An expungement frees a defendant from many of the hardships associated with a criminal conviction. 8.
3. Are there immigration consequences for an 11358 HS conviction?
Since the passage of Proposition 64 it is now legal for:
People who sell marijuana without a license (i.e., on the “black market”) violate Health and Safety Code 11360 HS .
A defendant can beat a charge under these California marijuana laws with a legal defense .
This is true, however, only provided that the defendant completes :
A simple conviction under this statute will not have negative immigration consequences.
It is an infraction under this law if someone aged 18-20 grows weed. The crime is punishable by a maximum fine of $100. 5.
8.1. Simple possession of marijuana – HS 11357.
The following restrictions also apply:
Cultivating marijuana is punishable by:
In regards to medicinal marijuana, patients and their caregivers may cultivate up to:
Sometimes a conviction in California can result in a non-citizen being either:
2.1. Penalties under HS 11358.
Medical marijuana patients and their primary caregivers may cultivate up to :
The court is supposed to:
Our California criminal defense attorneys will answer the following key questions in this article:
any marijuana or any part thereof. 4.
A conviction under this statute, though, does not produce these results.
Potential Consequences of a Marijuana Cultivation Conviction.
Qualified Marijuana Defense Attorneys.
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:
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 Los Angeles Office 5900 Wilshire Boulevard, Suite 2600 Los Angeles, California 90036 Phone: (323) 655-3900 Send us an e-mail.
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.
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.
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.
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.
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.
Hoffman & Associates San Diego Office 12707 High Bluff Drive, Suite 200 San Diego, California 92130 Phone: (760) 942-0069 Send us an e-mail.