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Marijuana Dispensary & Marijuana Grow Houses Defense Lawyers/Attorneys Sacramento, CA
Under the California Health and Safety Code §11358, it unlawful for any person to manufacture or cultivate marijuana, even the cultivation of only one marijuana plant is a felony crime, punishable by up to three (3) years in state prison and a $10,000 fine.
However, there are many sound defenses available to fight prosecution for the possession, manufacture or cultivation of marijuana. It is possible to have the charge reduced, dismissed and even get your marijuana plants returned to you.
If you are in the business of manufacturing or cultivating marijuana, it is of utmost importance for you to understand California and federal marijuana laws, so you can better protect yourself.
- Under California Law, possession of one ounce (28.5 grams) of marijuana or less is an infraction, punishable with a $100 fine. Possession of larger amounts (more than 28.5 grams) of marijuana is considered a misdemeanor. Punishments for it include an up to $500 fine, six months in jail or both.
- Under California, Health & Safety Code 11358 prohibits all acts associated with growing and manufacturing marijuana, including “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 in the state prison.”
- Cultivation of any amount of marijuana is considered a felony in California
- California medical marijuana cultivation was deemed legal under Proposition 215 also called the Compassionate Use Act of 1996.
- California State Senate Bill 420 authorizes card-holding medical marijuana users to possess up to six (6) mature plants, twelve (12) immature plants, and eight ounces (8 oz.) of dried cannabis. However, some counties allow more. For example, San Diego medical marijuana users may keep up to one pound (1 lb.) of cannabis and twenty-four (24) indoor plants.)
- It is important to stress that even if you are growing marijuana in full compliance of California marijuana laws, the federal government can still prosecute you because under federal marijuana laws, there is no such thing as medical marijuana. There is only marijuana, considered highly illegal. It is a Schedule I substance and no prescription can be written for Schedule I substances.
- Schedule I substances include but are not limited to heroin, LSD, MDMA, Ecstasy, and bath salts.
If you are growing, the most effective way to avoid harsh state penalties is to ensure that you are not growing an excessive number of plants. Generally, you want to grow in an amount that is consistent with the medical needs of whoever is growing: an individual or a collection of people. Are 100 plants too much?
100 plants can be too much, but it is possible for it not to be. For example, say that you are part of a grow house operation and were arrested with 100 plants (A grow house is a property that is primarily used for the production of marijuana). 100 plants seem beyond one person’s medical needs; however, if you have ten (10) medical marijuana patients who are willing to testify in the court of law that your grow is a collective grow to provide for everyone’s medical needs, then it is a reasonable ten (10) plants per person case, and the grow is legal under California law.
If you have been charged with marijuana cultivation, the experienced marijuana criminal defense attorneys at Wing and Parisi can help. There are several defenses available for a person charged with marijuana cultivation, including:
- The evidence found was the result of an illegal search and seizure. Police officers cannot legally come into your house unless they have a search warrant or you invite them in. Also, they also cannot legally search your car without probable cause. Any evidence found as a result of an illegal search may not be used against you in court. It is recommended that you politely object to any voluntary searches.
- The person charged holds a legal medical marijuana prescription.
- The person was not the one cultivating the marijuana.
- The marijuana cultivation was NOT for the purpose of sale
Both California and federal law illustrate that those found guilty of marijuana possession, cultivation and manufacture face a penalty that falls within a spectrum of possible sentences established by legislation. The penalty prescribed primarily depends on the specific facts of the case, as well as the person’s criminal background.
The skilled criminal defense attorneys at the Law Office of Wing and Parisi have extensive experience in both state and federal drug crime cases; our experience has proven invaluable for our clients, allowing us to defeat their criminal charges. We have more than 76 years of combined legal experience. Contact at (916) 441-4888 for a free and confidential consultation regarding marijuana dispensary & marijuana grow houses crimes.
No matter what obstacle has been placed in your way, rest assured that the Marijuana crimes criminal defense attorneys at Wing & Parisi help you overcome it and work to attain the best possible result for you.
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