HS 11358 Cultivate Marijuana Law, Penalties & Criminal Defense. CA Criminal Defense Lawyers Explain Health & Safety Code 11358 “Marijuana Cultivation”
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In California, it is illegal to plant, cultivate, harvest, dry or process cannabis (marijuana) plants. Collectively, these activities are covered under the laws regarding “cultivating marijuana” (HS 11358).
There are exceptions to laws that forbid the cultivation of marijuana, such as the cultivation of marijuana inside a private residence, out of public view, by a person who is at least twenty-one years of age, for personal consumption. Other exceptions apply (See Below).
The following is a summary of the laws, exceptions, penalties and common defenses to the crime of cultivating marijuana charged under Health & Safety Code 11358.
HS 11358 Law
According to California Health & Safety Code, Section 11358, ‘Each person who plants, cultivates, harvests, dries, or processes cannabis plants… is guilty of cultivating marijuana’ (HS 11358 Abbrev.).
Note: In some situations, planting, growing, harvesting, and processing marijuana is legal (i.e., legal cultivation of marijuana). For information on the legal cultivation of marijuana, or for more information on defenses that apply to HS 11358 criminal charges, see below.
Cultivating Marijuana Penalties
Cultivation of Marijuana by Minor: A person under the age of eighteen (18), who cultivates less than 28.5 grams (ounce) of marijuana, is guilty of an infraction, punishable by a fine up to $100.
18–20-Year-Old Cultivating No More Than Six Marijuana Plants: Each person, who is at least 18 years of age but less than 21 years of age, who plants, cultivates, harvests, dries, or processes not more than six (6) living cannabis plants, is guilty of an infraction and a fine of not more than one hundred dollars ($100) (HS 11358).
Adults Cultivating More Than Six Marijuana Plants: Each person, 18 years of age or over, who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, is guilty of a misdemeanor and may be punished by up to six months in the county jail and a fine of not more than $500, or both (HS 11358).
Note: Six-Plant limitation applies to each residence, regardless of the number of people at each residence.
Felony Cultivation of Marijuana: A person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, who has either 1) a prior violent offense conviction (PC 667.5), or 2) a sex offender registration offense (PC 290 Offense), may be punished by up to three years in a county jail (Felony HS 11358).
Note: Felony marijuana cultivation may be charged in more situations than the situations described above, but these situations are very uncommon and not listed here for brevity. For more information, contact our CA Drug Offense Criminal Defense Lawyers.
Firearm Rights: Firearm rights are not affected for misdemeanor convictions of cultivating marijuana; however, a felony conviction of HS 11358 will result in the defendant losing his or her right to own or possess firearm, firearm ammunition and possession of body armor.
Additional Penalties: In addition to the penalties listed above, if found guilty of HS 11358, the defendant will face penalty fines and fees, possible criminal protective orders (CPO), negative impact on immigration status, professional licensing status and military service status, civil lawsuits, and more.
Summary: Cultivating marijuana of less than six plants or less than 28.5 grams, in a private residence, is generally an infraction for minor and legal for adults, so long as the cultivation is for personal use. Growing more than six mature marijuana plants is a misdemeanor in most situation, and possible a felony if the defendant has prior violent offense, sex offenses, or serious environmental offenses (HS 11358 Abbrev). See Infraction, Misdemeanor & Felony Differences.
HS 11358 Defenses
Common defenses to an allegation of cultivation of marijuana (cannabis) include insufficient evidence to prove the cannabis plants were “possessed” by the defendant, coerced confession, duress (forced to house marijuana plants), illegal search and seizure, violation of Miranda Rights, statute of limitation, and more.
PC 1000 Drug Treatment
In some HS 11358 cases, the defendant might be allowed to enter a drug diversion program (drug treatment program), whereby the defendant’s HS 11358 charges are dismissed if the defendant completes a probationary period with drug treatment (PC 1000 Drug Diversion).
Post-Conviction Options: After a misdemeanor or felony conviction of cultivate marijuana, the defendant might have several post-conviction options, depending on the circumstances, including an appeal of the criminal conviction, withdraw of a guilty plea, expungement of the criminal conviction, and more.
To learn more about marijuana cultivation (growing marijuana), or HS 11358, contact our California criminal defense lawyers today for a free consultation. Our successful team of criminal defense lawyers have successfully handled hundreds of drug and marijuana crimes in the Inland Empire.
Our aggressive team of dedicated and award-winning criminal defense lawyers accept all misdemeanor and felony criminal defense cases in Rancho Cucamonga, Victorville, Rialto, Colton, Redlands, Yucaipa, Riverside, Los Angeles, Ontario, Hesperia, Grand Terrace, and more. Call today!
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