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Marijuana Cultivation - HS 11358

Cultivation of any amount of marijuana, unless authorized by law, is a felony punishable by up to three years in prison. However, laws pertaining to cultivation are complicated and currently evolving in today’s political climate surrounding recreational and medical marijuana use. If you have been charged, or are being investigated for a crime related to cultivation of marijuana, do not to talk to anyone and call the Johnson Criminal Law Group for the most up to date information regarding the legal consequences you may be facing.

Every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. Health and Safety Code, Section 11358

According to the CalCrim, to prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant unlawfully planted, or cultivated, or harvested, or dried, or processed one or more marijuana plants;


2. The defendant knew that the substance he/she planted, or cultivated, or harvested, or dried, or processed was marijuana.

[Marijuana means all or part of the Cannabis sativa L. plant, whether growing or not, including the seeds and resin extracted from any part of the plant. It also includes every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. It does not include the mature stalks of the plant; fiber produced from the stalks; oil or cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks except the resin extracted therefrom, fiber, oil, or cake; or the sterilized seed of the plant, which is incapable of germination.]

One defense to a cultivate charge is the Compassionate Use Act. The CalCrim provides:

[Possession of marijuana is lawful if authorized by the Compassionate Use Act. In order for the Compassionate Use Act to apply, the defense must produce evidence tending to show that his/her possession or cultivation of marijuana was (for personal medical purposes or as the primary caregiver* of a patient with a medical need) with a physician’s recommendation or approval. The amount of marijuana possessed must be reasonably related to the patient’s current medical needs. If you have a reasonable doubt about whether the defendant’s possession or cultivation of marijuana was unlawful under the Compassionate Use Act, you must find the defendant not guilty.

If you are a primary caregiver for a patient who uses medical marijuana, and you have been charged with unlawful possession or cultivation of marijuana, give yourself the best opportunity to an effective criminal defense and call Ms. Johnson without delay to discuss the details of your case.

*A primary caregiver is someone who has consistently assumed responsibility for the housing, health, or safety of a patient who may legally possess or cultivate marijuana.

Contact Orange County Defense Attorney Lauren K Johnson if you are charged with cultivation to make sure your rights are protected.

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