The law criminalizes the growing, production and possession of plants and other naturally occurring elements with the purpose of creating illegal drugs or controlled substances. The main objects of this crime are the cultivation of the marijuana plant and the creation of plantations and other drying implements to create marijuana.
Marijuana’s scientific name is the cannabis sativa L. plant, its seeds, resins, extracts and other part or compound of the plant that is used for manufacture of salts, derivatives, mixtures or preparations of the plant. Also included are the fibers, oils and/or cakes from the plant itself.
Its cultivation is penalized under HS 11358 of the California Health and Safety Codes, which reads as, “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.” These include handling of the cannabis sativa L. seeds, planting and caring for them in soil or containers that provides them nourishment for growth and the eventual drying and processing of the plant after harvest.
The manufacture of even one marijuana plant is considered as a federal felony. Possession though of one ounce or 28.5 grams or less of marijuana is punishable with a fine of $100. Possession of larger amounts would be considered as a misdemeanor and is punishable with a fine of $500 and jail time of six months in a state penal facility.
There are exemptions though to the crime. Primary amongst these is the permission of cultivating the plant for medical purposes under the California Medical Marijuana law.
The commission of the crime of illegal drug cultivation is a serious matter in California. Should you be or know anyone facing any of these charges, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.
