Victorville Marijuana Cultivation Defense Attorney

Understanding Criminal Charges for Cannabis Cultivation

Marijuana cultivation involves the process of growing cannabis plants. This includes planting seeds, nurturing the plants as they grow, harvesting at the appropriate time, and then engaging in post-harvest tasks like drying, curing, and trimming.

While California has legalized the recreational cultivation of marijuana, it's important to note that laws still regulate the number of plants an individual can grow. Even though growing marijuana for personal use is permitted, limitations ensure compliance with legal guidelines.

Cultivating marijuana beyond the permitted limits can lead to serious legal consequences. Those found growing more plants than allowed can face criminal charges and associated penalties. For individuals under 18, these consequences might involve participation in drug education or counseling programs and community service. Meanwhile, individuals aged 18 and over could be imprisoned and fined.

If facing charges related to the cultivation of marijuana in Victorville, seeking legal representation is essential. Hiring a skilled attorney can make a significant difference. At Holistic Legal, we approach each case with an aggressive defense strategy. We meticulously review the circumstances surrounding the charges to build a strong case. Our primary focus is protecting our clients' rights while working relentlessly toward favorable outcomes.

Don’t face criminal charges alone. Contact our Victorville marijuana cultivation attorney at (760) 227-7625 to discuss your case.

Legal Guidelines for Marijuana Cultivation in California

As of the current law, individuals 21 years of age and older can cultivate up to six cannabis plants for personal use. Those under 21 are not allowed to grow any marijuana plants.

These provisions fall under the broader scope of the state's recreational marijuana laws. Individuals must be aware of the limit to avoid inadvertently exceeding the allowed cultivation range.

Medical vs. Recreational Marijuana Cultivation Regulations

California's legal landscape for marijuana cultivation considers medical and recreational use. For individuals using marijuana for medicinal purposes, the rules may differ. While the recreational cultivation limit is six plants, medicinal users can cultivate more if a physician prescribes it.

Key Factors Affecting Marijuana Cultivation Charges

California's legal stance on marijuana cultivation is detailed under California Health and Safety Code § 11358. The statute clarifies that growing marijuana beyond the permitted limit is prohibited. Staying within the legally allowed amount of cultivation is key to ensuring compliance with the state's regulations.

Various factors influence the severity of marijuana cultivation charges in California. Age, for instance, plays a significant role. Minors caught cultivating marijuana may face distinct legal consequences compared to adults. Additionally, an individual's criminal history matters. Having one or more prior convictions can escalate the charges and the potential penalties one might face.

Understanding the Penalties for Marijuana Cultivation

As mentioned previously, the charges and consequences of marijuana cultivation depend on several factors. We discuss the possible penalties under different circumstances below.

Consequences for Minors Under 18 Years

If an individual under the age of 18 is found growing any number of marijuana plants, they could face an infraction.

For a first-time violation, the penalties typically include attending eight hours of drug education or counseling and up to 40 hours of community service.

In the case of a subsequent violation, the penalties might involve 10 hours of drug education or counseling, along with community service lasting up to 60 hours.

Penalties for Young Adults Aged 18 to 20

If someone between 18 and 20 cultivates not more than six marijuana plants, they could be charged with an infraction. In such cases, they might be subject to a fine of $100.

Legal Consequences for Adults Over 18 (Growing More Than Six Plants)

Individuals 18 years of age or older who cultivate more than six marijuana plants can face more serious consequences. The offense is a misdemeanor, which carries a fine that could go up to $500. In addition, those found guilty might be sentenced to serve up to six months in county jail.