legality of growing weed in california

Legality of growing weed in california

Marijuana is legal for adults to use in 18 states and Washington, D.C. Medical marijuana is legal in 37.Most recently, New Mexico, Virginia and Connecticut legalized recreational cannabis.

Cannabis status by state

Illegal plants seized in California by year

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Licensed to grow, manufacture and sell

Since its establishment in 1983, the Campaign Against Marijuana Planting has had more than 110 law enforcement agencies involved, making it one of the largest law enforcement task forces in the U.S.

More than 1.11 million illegal plants were seized in 2020.

You can report an illegal business anonymously online at cannabis.ca.gov

Recreational cannabis sales began in January 2018, and while many have played by the rules, the illegal growth and sale of the plant continues to undermine those following the rules.

Legality of growing weed in california

An expungement frees a defendant from many of the hardships associated with a criminal conviction. 8

A simple conviction under HS 11358 does not negate a defendant’s gun rights.

Our California criminal defense attorneys will answer the following key questions in this article:

8.1. Simple possession of marijuana – HS 11357

2021 Update for California: People can no longer be incarcerated solely because they cannot afford bail. Clear and convincing evidence is required to show that detention is necessary to protect public safety. See In Re. Kenneth Humphrey on Habeas Corpus, (March 25, 2021). 2020 Update for Los Angeles County: Except in serious or violent felony .

A person convicted under cultivation laws can get an expungement.

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 the age of 18 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 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 public lands or other public resources.

5.3. Unlawful search and seizure

Defenses

Medical marijuana patients and their primary caregivers may cultivate up to:

Legality of growing weed in california

But marijuana possession for sale without a license is a felony if any of the following is true:

For most defendants, unlicensed sale or transport for the sale of marijuana is a misdemeanor punishable by up to six (6) months in county jail and/or a fine of up to one thousand dollars ($1,000). (For defendants under 18, it is an infraction. Also, giving away or transporting for sale up to 28.5 grams of marijuana without a license is an infraction.)

4. What are the penalties for selling, gifting, transporting, or importing marijuana?

Restrictions on sale and transport

5. What is the penalty for selling to a minor?

Anyone who has ever watched a cop show in America is familiar with the sentence, “You have the right to remain silent.” This warning, part of the famous “Miranda rights,” is usually taken to mean that your choice to remain silent will not be held against you if you are charged with a crime. Unfortunately, .