CALIFORNIA CRIMINAL LAWYERS

Los Angeles Cultivation

The Growing Medical Marijuana Culture in Los Angeles and its Legal Implications

The legalization of medical marijuana in many states has brought about significant changes in the United States, particularly in Los Angeles. From evaluation services offered on Venice Beach to the numerous accessory shops scattered throughout the metro area, the medical marijuana culture in Los Angeles is in constant growth. However, it is not just business owners who should be familiar with the legal implications of cultivating marijuana without the proper licenses and credentials. Cultivating marijuana without a license is a serious crime which offenders must face the harsh consequences.

Examples Of Cultivation Cases

Cultivating marijuana without the proper licenses and credentials is a violation of the California Health and Safety Code. Section 11358 outlines the requirements for cultivation. A person who has a medical marijuana prescription may in some instances, cultivate a plant at home. If otherwise, the person must purchase marijuana from a dispensary or pharmacy. An unlicensed individual does not have to be in the same room as the marijuana plant to be charged. A person who lives in a home where unlawful plants are found can be charged, and a business owner who illegally cultivates plants can be charged.

Dispensaries and pharmacies must maintain their licenses and credentials to remain in compliance for legal cultivation. If they do not comply, they can be indicted for criminal violations of state laws. Cultivation charges against individuals or businesses can arise from illegally performing any of the following actions: planting, harvesting, processing, cultivating and drying.

Penalties For Cultivation In Los Angeles

In line with California law, cultivation is classified as a felony offense, thus, penalties are severe. For this reason, first-time offenders may spend 16 months or up to few years in jail. In some cases, a person may receive a sentence for drug rehab instead of jail if the individual is a first-time offender. New legislation aims to reduce crowding, and low-profile drug offenders may benefit from avoiding jail sentences. However, an unlicensed person with a cultivation of 50 plants would not qualify for drug rehab sentence only for personal use. A lighter sentence with drug rehab in place of jail could be given to an older woman who cultivates her medicinal plants without a prescription. The sentences for these charges usually vary and are decided on a case-by-case basis.

How To Avoid Harsh Penalties

In some situations, weak evidence or wrongful charges can be noticed. For example, a woman with a medical marijuana prescription may need help cultivating plants due to a disability although she would still opt for her marijuana; a caregiver can support by cultivating, but the caregiver can be charged with a crime. However, California law allows primary caregivers of medical marijuana patients to help cultivate plants when necessary.

If the evidence is weak or the charged individual is a first-time offender, it is possible to negotiate a lesser charge. With a lesser charge, a person can avoid jail or a lengthy rehab program. In several cases, a good attorney can be of help by negotiating a deal for reducing the charge to simple possession of marijuana. It is possible to order drug counseling and community service, and many judges in Los Angeles require individuals to attend recovery meetings as well.

Why A Good Attorney Is Necessary

The California court system in Los Angeles is persistently crowded. Public defenders often have more cases than they can manage. An attorney who has helped others who had been accused of cultivation has more time to concentrate on their clients to negotiate a favorable deal or fight to have the charges dismissed.