Under the California Health and Safety Code, 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.
Consequences of Conviction for Marijuana Cultivation
Planting, cultivating, harvesting, drying, or processing even one marijuana plant is punishable as a felony. [Health and Safety Code § 11358]. As a result of a conviction for marijuana cultivation a defendant can be sentenced to state prison for 16 months, or 2 or 3 years unless probation is granted.
Defenses to Marijuana Cultivation
Under the Compassionate Use Act, possession of marijuana may be lawful. In order for the Compassionate Use Act to apply, the defendant must produce evidence tending to show that his or her possession or cultivation of marijuana was with a physician’s recommendation or approval and was: (1) for personal medical purposes; or, (2) as the primary caregiver of a patient with a medical need. In addition, the defendant must be able to show that the amount of marijuana possessed was reasonably related to the patient’s current medical needs.
Contact a Knowledgeable Marijuana Defense Attorney
The Oakland criminal defense attorneys at Ahmed & Sukaram may be able to help you avoid a felony conviction for marijuana cultivation. It is also possible that we may be able to convince the district attorney to reduce this charge to a misdemeanor offense of simple possession of marijuana, which is punishable by only a fine of $100.
Alternatively, if avoiding prison and receiving probation is not good enough, we are experienced Alameda County criminal defense lawyers who are able to represent you to the fullest in a trial before a jury of your peers.
Contact us today at either our Redwood City or Oakland, California law offices to set up a consultation to discuss your rights and defenses.