The Elements of a Marijuana Cultivation Case in Orange County
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:
- Plant,
- Cultivate,
- Harvest,
- Dry, and/or
- Process
Thus, cultivation is any activity that makes the plant grow and/or causes it to be turned into a usable substance.
Our Orange County 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 (infraction):
- For a person 18 years of age or older who cultivates up to 6 cannabis plants (misdemeanor):
- 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 lawyers 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.
Our Commitment to Marijuana Cultivation Defense
At the Law Offices of Randy Collins, our client-centered approach to defending Orange County marijuana cultivation charges begins with truly understanding your situation, your concerns, and what is at stake for you. Attorney Randy Collins believes drug crime defense is his calling, and that philosophy shapes how every case is handled. Clients are treated as people—not case numbers—and receive personalized attention from the very start. From explaining how California’s marijuana cultivation laws apply to your specific circumstances to outlining realistic defense strategies, our firm prioritizes clear communication, honesty, and accessibility, including direct contact with Attorney Collins when questions arise.
Attorney Collins’ background as a former Riverside County Deputy District Attorney and Narcotics Task Force member gives clients a unique advantage. He understands exactly how prosecutors build marijuana cultivation cases, how evidence is gathered, and where constitutional violations often occur. This insider knowledge allows him to anticipate the prosecution’s tactics and tailor defenses that challenge weak evidence, unlawful searches, or assumptions about knowledge and intent. Combined with his Notre Dame and Boston College Law School education and ongoing commitment to staying current on changing marijuana laws, clients benefit from strategies that are both aggressive and informed.
Most importantly, our firm is committed to standing by clients throughout the entire process. Attorney Collins has earned the respect of judges, prosecutors, and courtroom staff, and he leverages those professional relationships to advocate effectively on your behalf. He is known for his tireless work ethic, discipline, and dedication—often answering client calls after hours and on weekends—because he knows criminal charges don’t pause outside business hours. If you have been charged with cultivating weed in Orange County, you can trust that our client-focused team will fight relentlessly to protect your rights, your freedom, and your future.
Schedule your free initial consultation with our Orange County Marijuana Cultivation lawyers at the Law Offices of Randy Collins by calling (844) 524-4011 or submitting an online contact form today.
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