Under California Health and Safety Code 11358 (HS 11358), the cultivation of marijuana is regulated, and while recreational cannabis is legal, growing cannabis plants for personal use still has specific legal limits and restrictions. Violating these laws can lead to criminal penalties.
At KN Law Firm, located in Glendale, California, we offer expert legal guidance to those facing charges related to marijuana cultivation in Los Angeles and surrounding areas. If you’re facing such charges, contact us for a free consultation at (888) 950-0011. We are available 24/7 to help.
What is HS 11358: Cultivation of Marijuana?
HS 11358 outlines the laws related to the cultivation of marijuana plants for personal use. Under California’s Proposition 64, also known as the Adult Use of Marijuana Act (AUMA), adults over the age of 21 are allowed to cultivate cannabis under certain conditions:
- Adults 21 and over may legally grow up to 6 cannabis plants at their residence for personal use.
- Cannabis plants must be grown in a private residence, away from public view, and must be secured to prevent access by minors.
- Cities and counties can establish local ordinances that further regulate where marijuana plants may be grown.
Penalties for Violating HS 11358
While recreational marijuana use and limited cultivation are legal, violating cultivation laws can result in severe penalties, especially for individuals cultivating more than the legal amount or doing so in violation of local regulations. Common penalties include:
- Growing more than 6 plants: This can lead to a misdemeanor charge, punishable by:
- Up to 6 months in county jail
- Fines up to $500
- Aggravating circumstances: If you have prior serious convictions (such as for a violent felony or sex crime), you could face felony charges with penalties including:
- 16 months to 3 years in state prison
- Higher fines
Defenses Against Marijuana Cultivation Charges
If you are facing marijuana cultivation charges, our skilled attorneys at KN Law Firm can help build a strong defense tailored to your case. Common defenses include:
- Medical Marijuana Defense: If you have a valid medical marijuana card, you may be entitled to grow more than 6 plants under the Compassionate Use Act.
- Lack of Knowledge: If you were unaware that the marijuana plants were being cultivated, such as when renting property, you may be able to argue against the charges.
- Unlawful Search and Seizure: If law enforcement violated your rights by conducting an illegal search, the evidence against you may be suppressed, potentially leading to dismissal of the charges.
Aggravating Factors in Marijuana Cultivation
Certain factors can escalate the charges for marijuana cultivation from a misdemeanor to a felony offense. These include:
- Cultivating marijuana within 1,000 feet of a school, playground, or other child-sensitive areas
- Illegal sales or intent to distribute marijuana grown
- Repeat offenses related to marijuana cultivation or other serious drug offenses
These factors could result in more severe penalties, including extended jail time and larger fines.
Medical Marijuana and Cultivation
California’s Compassionate Use Act allows qualified medical marijuana patients and their primary caregivers to grow more than the recreational limit of 6 plants if medically necessary. However, there are still regulations and limits on how much marijuana can be cultivated, and failing to comply with those limits can lead to criminal penalties.
FAQs about Marijuana Cultivation under HS 11358
1. How many marijuana plants can I legally grow in California?
Under Proposition 64, adults over the age of 21 can legally grow up to 6 plants for personal use. Medical marijuana patients may be able to cultivate more with a valid recommendation.
2. Can I sell marijuana that I grow at home?
No, selling marijuana that you grow without a state-issued license is illegal and can lead to felony charges with significant penalties, including jail time.
3. What happens if I grow more than 6 plants?
Cultivating more than 6 cannabis plants can result in misdemeanor charges, punishable by up to 6 months in jail and fines up to $500. In certain circumstances, it could lead to felony charges.
Contact KN Law Firm for Expert Legal Assistance
If you are facing charges for marijuana cultivation under HS 11358, it’s crucial to seek legal representation to protect your rights. At KN Law Firm, we have extensive experience defending clients against marijuana-related charges. We are committed to helping you achieve the best possible outcome for your case.
Call us today at (888) 950-0011 for a free consultation. We serve Glendale, Los Angeles, and surrounding areas, and our attorneys are available 24/7 to assist you..
