What is Cultivation?
Cultivation is the unlawful growing of marijuana plants. A person can be charged with cultivation if they are involved in any way with growing marijuana plants.
What is Considered Cultivation?
The term, “cultivation” can refer to many aspects of growing marijuana. Planting, harvesting, drying, or processing the marijuana in any way can be considered cultivation.
How Does California’s New Marijuana Laws Affect Cultivation?
Recently, marijuana laws in California have changed. In November 2016, Proposition 64 was passed, legalizing the recreational use of marijuana in the state of California. Previously, the use of marijuana was limited to those who had a medical marijuana card given to them by a doctor. Proposition 64 has changed the law concerning the cultivation of marijuana. After November 2016, residents of California are allowed to grow and cultivate up to six marijuana plants. There are rules that must be followed if you choose to grow marijuana. They are as follows:
- You must be 21 or older.
- You may not grow more than six plants per house. For example, if you live with roommates, you can only grow six plants total, not six plants per person.
- Marijuana plants must not be visible to the public and need to be grown on private property.
- Unless you have a license, you cannot sell the marijuana you grow.
Photo credit: Rick Thompson
Penalties of Cultivation?
Even though Proposition 64 allows individuals who meet certain requirements to cultivate marijuana, there are legal consequences if someone violates the rules presented in Proposition 64. For example, if you are convicted of cultivating more than six marijuana plants, you could be sentenced up to six months in jail as well as a $500 fine. Traditionally, this offense will be charged as a misdemeanor. However, if you are a registered sex offender, have previous felonies, or have two prior charges of cultivation, you may be charged with a felony.
Common Defenses to Cultivation
Some common defenses to cultivation are as follows:
- The marijuana plants are not yours
- You didn’t know the plants were marijuana
- The marijuana was recovered illegally (unlawful search)
If accused of cultivation, it is best to consult an experienced criminal defense attorney to ensure your rights are protected.