California’s marijuana cultivation laws are detailed under California Health and Safety Code Section 11358 HS. According to HSC 11358, individuals can face criminal charges for growing marijuana in some situations.
You can learn more about these regulations and California’s Health and Safety Code by reaching out to a professional legal team for assistance. At Simmrin Law Group, we have decades of experience and have assisted thousands of clients. Our team can help if you face charges for cannabis cultivation.
What You Need to Know About HSC 11358 and California’s Marijuana Cultivation Laws
HSC 11358 represents one of California’s marijuana laws. This law details when you can legally grow marijuana. According to HSC 11358, you can cultivate cannabis if:
- You are over 21 years old.
- You cultivate one to six marijuana plants.
- You adhere to any relevant local municipality ordinances.
You do not need a cultivation license to grow cannabis for recreational purposes. Additionally, you must generally grow cannabis:
- Indoors or within the premises of your property
- In a place where the plants are not visible to the public
- In a locked space
You should not face charges as long as you adhere to these rules when growing marijuana. If you do face charges, you can reach out to a Burbank marijuana lawyer for professional help and legal support.
Exceptions Associated with the Cultivation of Medical Marijuana
California accepts that some individuals may need to legally grow cannabis for medical use, in some circumstances exceeding the six-plant limit generally placed on residents. You may qualify for this exception if:
- You participate in a medical marijuana collective (dispensary) as a member.
- You use cannabis to treat a medical condition with the approval of your doctor.
- You serve as the primary caregiver to someone who uses cannabis with the approval of a doctor.
Note that you need the approval of a doctor to grow more than six cannabis plants.
For a free legal consultation, call (310) 896-2723
You Can Face Charges Under HSC 11358
Individuals who do not adhere to the regulations under California Health and Safety Code Section 11358 HS: California Marijuana Cultivation Laws can face legal consequences. Depending on your circumstances, you could end up charged with:
An Infraction
Individuals under 21 who grow cannabis can face a citation for an infraction. They may have to pay fines of up to $100.
A Misdemeanor
Individuals over 21 who grow over six cannabis plants can face misdemeanor charges. You could face fines of up to $500 and up to six months of jail time for a conviction.
A Felony
Finally, some individuals can face felony charges. Generally, you can only face felony allegations if:
- The police accuse you of growing over six plants AND
- You have a violent felony conviction on your record OR
- You have to register as a sex offender OR
- You have at least two prior HSC 11358 convictions OR
- You violated specific environmental laws during the cultivation process
A felony conviction can result in up to three years in jail and fines of up to $10,000. You can learn more about California’s cannabis laws and how they relate to your charges when you contact a legal professional for help.
How to Handle Charges Under California Health and Safety Code Section 11358 HS: California Marijuana Cultivation Laws
You have several options that can allow you to handle HSC 11358 allegations. Depending on your circumstances, an attorney could focus on:
Seeking Drug Treatment
In some cases, you can avoid an HSC 11358 conviction by seeking drug treatment after an arrest for marijuana cultivation. You can seek a deferred entry of judgment (DEJ) in this situation, which means that you get treatment and do not face a conviction or other legal penalties.
Negotiating for a Lower Charge
Your attorney may encourage you to accept a plea bargain from the prosecution after your arrest. A plea deal can lower the penalties you face. However, it does require you to admit guilt to another criminal charge.
Getting the Court to Drop the Charges
A lawyer could push the court system to drop the charges you face in some situations. For example, a judge could dismiss your HSC 11358 allegations if a lawyer shows that the police violated your rights when conducting an arrest or if the prosecution has minimal evidence.
Fighting the HSC 11358 Charges in Court
You can also rely on your attorney to stand up for you in court when necessary. A lawyer can get to work quickly on your defense and focus on your needs throughout every stage of the legal process.
Talk to Us and Learn More About HSC 11358
Do you have more questions about California Health and Safety Code Section 11358 HS: California Marijuana Cultivation Laws? Our team at Simmrin Law Group can give you the answers you need.
We have extensive experience, and we know what it takes to help clients dealing with drug crime charges. You can rely on us to put you first as we assess the specifics of your situation and get to work on a personalized strategy to handle all aspects of your defense.
Call or text (310) 896-2723 or complete a Free Case Evaluation form