California Criminal Defense AttorneysLaws Relating to Cultivating Marijuana in California
Marijuana laws in California can be complicated and confusing. While some people can legally purchase, cultivate and use it for medicinal purposes, it remains an illegal substance under federal law. There are also a number of restrictions on marijuana possession and its transport that makes these laws complex and difficult to understand.
Growing any amount of marijuana is considered a felony under the Health and Safety Code section 11358. There are lesser charges for those accused of cultivation for personal use only. To determine if there is intent to sell, police will look for evidence such as large quantities of cash, “pays and owes” transaction ledgers, scales, substantial amounts of marijuana and packaging material. Under California law, it is legal for a medical patient and their caregiver, when applicable, to possess and cultivate marijuana. It is, however, still illegal to cultivate medical marijuana when there is intent to sell. You can only legally cultivate medical marijuana in California after receiving approval from a physician. And even then, it is still illegal under federal law.
Certain medical patients can legally grow it as long as they have no intent to sell it. Under California law, they cannot legally have it in their car (Vehicle Code 23222). The marijuana laws in California are even further confused by the fact that marijuana is still considered illegal under the federal Controlled Substances Act. Fortunately, for those in need of medical marijuana, federal law rarely comes into play in marijuana cases in California unless large-scale distribution is suspected.
There are many conflicting California laws regarding marijuana and mistakes are often made. Laws are often misinterpreted. If you have been arrest for possession of marijuana, or falsely accused of possessing marijuana for sale, or you were arrested for cultivation or another related drug crime; call the experienced Los Angeles, Orange and Ventura marijuana defense lawyers at Sitkoff & Hanrahan at 1-866-430-8383 to discuss your case.