Orange County Cultivation Lawyers
Have You Been Charged with Cultivating Weed? Call Our Firm For Defense.
In November of 2016, it became legal for certain California residents to cultivate marijuana. For such to be lawful, the person must be 21 years of age or older and grow no more than 6 marijuana plants. If the individual does not meet or adhere to these requirements, they may be prosecuted under California Health and Safety Code 11358 HS. Unfortunately, a person might be convicted of cultivating marijuana even when they did not know the substance was weed or when their rights were violated during the investigation process. Often, such outcomes occur when the individual's legal representation did not adequately defend the case. That is why, if you're facing a marijuana cultivation charge, it's essential to have a competent attorney on your side.
For the legal representation you need, reach out to the Law Offices of Randy Collins. Throughout our 45+ years of combined legal experience, our Orange County attorneys have handled thousands of cases. Additionally, our lead lawyer is a former deputy district attorney. Thus, when you choose us, you will have a zealous advocate on your side who knows how to develop effective defenses and has a unique perspective into how the other side builds their cases.
The Elements of a Marijuana Cultivation Case
As with any criminal matter, in a marijuana cultivation case, the burden rests on the prosecutor to prove that the alleged offense occurred.
They must prove the following elements:
- That the defendant cultivated more than 6 marijuana plants, and
- The defendant knew that what they were growing was weed
But what does it mean to "cultivate" marijuana? To answer that, we turn again to California Health and Safety Code 11358 HS.
The statute provides that it's an offense to do any of the following with a cannabis plant:
- Dry, and/or
Thus, cultivation is any activity that makes the plant grow and/or causes it to be turned into a usable substance.
Our lawyers are meticulous and will review the specifics of your case to determine whether the prosecutor's evidence proves that you have cultivated marijuana. We will look for weaknesses in the allegations and mitigating factors that may strengthen your defense. For instance, if law enforcement officials conducted an illegal search and seizure of your property, we may file a motion to have certain evidence deemed inadmissible in court because your rights were violated.
The Penalties for Marijuana Cultivation
Because cultivation of up to 6 marijuana plants is legal for California residents 21 and older, the conviction penalties a person can face depend on the age of the alleged offender. Other factors may also play a part in sentencing determinations.
Possible sanctions include the following:
For a person under 18 years of age who cultivates any cannabis plants:
- First offense: 8 hours of drug education or counseling and up to 40 hours of community service
- Second offense: 10 hours of drug education or counseling and up to 60 hours of community service
For a person between 18 and 20 who cultivates up to 6 marijuana plants
- A fine of up to $100
For a person 18 years of age or older who cultivates up to 6 cannabis plants
- A jail term not to exceed 6 months and/or
- A fine of up to $500
Although most cultivation cases are charged as infractions or misdemeanors, some may be felonies. The conviction penalties may include a prison sentence of 16 months or 2 or 3 years and/or a maximum $10,000 fine.
The situations in which marijuana cultivation is a felony include the following:
- The defendant is a registered sex offender,
- The defendant has 2 prior marijuana cultivation convictions, or
- The defendant violated an environmental protection law
Committed to Delivering Honest and Knowledgeable Representation
Our Orange County marijuana cultivation defense attorneys are here to provide the sound counsel you need throughout your case. We are well-versed in criminal law and the judicial process. This means that when you have a question, we will be ready with an answer, helping you understand what to expect and make informed decisions about how to proceed with your case.