Marijuana Cultivation Laws - Health and Safety Code 11358 HS
Drug Cultivation is defined as the growing, production, and possession of plants and other naturally occurring elements with the purpose of being used in the creation of illegal controlled substances such as Cannabis seeds and marijuana plants.
A grow house is a property that is primarily used for the production of marijuana. Cultivation of any amount of marijuana is considered a felony in California.
Drug offenses such as cultivation or possession of a grow house are vigorously prosecuted in California state and federal criminal courts.
In recent years, there has been a noticeable surge in drug-related crimes, leading to the formation of specialized task forces to handle these cases. This underscores the importance of seeking professional legal defense in such situations.
It is vital to have our experienced criminal defense lawyers at the law office of Cron Israels & Stark conduct our investigation into how the evidence against you was obtained. This will provide you with a strong and effective defense, reassuring you that you are not alone in this legal battle.
What Does HS 11358 Say?
California Health and Safety Code 11358 says, "Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law, shall be punished as follows:
(a) Each person under 18 years of age who plants, cultivates, harvests, dries, or processes any cannabis plants shall be punished in the same manner provided in paragraph (1) of subdivision (b) of Section 11357.
(b) Each person at least 18 years of age but less than 21 years of age who plants, cultivates, harvests, dries, or processes not more than six living cannabis plants shall be guilty of an infraction and a fine of not more than one hundred dollars ($100).
(c) Each person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.
(d) Notwithstanding subdivision (c), a person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants, or any part thereof, except as otherwise provided by law, may be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code if any of the following conditions exist:
(1) The person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.
(2) The person has two or more prior convictions under subdivision (c).
(3) The offense resulted in any of the following:
(A) Violation of Section 1052 of the Water Code relating to illegal diversion of water.
(B) Violation of Section 13260, 13264, 13272, or 13387 of the Water Code relating to the discharge of water.
(C) Violation of Section 5650 or 5652 of the Fish and Game Code relating to waters of the state.
(D) Violation of Section 1602 of the Fish and Game Code relating to rivers, streams, and lakes.
(E) Violation of Section 374.8 of the Penal Code relating to hazardous substances or Section 25189.5, 25189.6, or 25189.7 of the Health and Safety Code relating to hazardous waste.
(F) Violation of Section 2080 of the Fish and Game Code relating to endangered and threatened species or Section 3513 of the Fish and Game Code relating to the Migratory Bird Treaty Act, or Section 2000 of the Fish and Game Code relating to the unlawful taking of fish and wildlife.
(G) Intentionally or with gross negligence, causing substantial environmental harm to surface or ground water, public lands, or other public resources."
Retain Powerful Legal Drug Defenses
Our attorneys are effective negotiators who understand how to work with prosecutors to reduce the charges or mitigate the sentences received by our clients based on a thorough review of the facts.
Being charged with a drug crime, such as the cultivation or operation of a grow house in California, is a matter of utmost seriousness. The implications can extend far into the future, affecting your employment opportunities and even your ability to purchase a home or a car.
That is why it is very important to seek the help of a Los Angeles drug crime lawyer if you find yourself charged with such crimes. By taking this proactive step, you can significantly improve your chances of a favorable outcome.
If you or someone you love has been arrested or charged with a drug-related crime, please contact our firm and schedule a confidential consultation to discuss your case.
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