FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

Los Angeles Cultivation Lawyers

June 23, 2016 Uncategorized

From evaluation services openly advertised on Venice Beach to the many accessory shops scattered throughout the metro area, the medical marijuana culture in Los Angeles is constantly growing. Since California is such a marijuana-friendly state, it is easy to assume that cultivation of the plant at home without credentials is a minor offense. However, it is considered a serious crime, and offenders are often treated harshly by judges.

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 cultivate a plant at home in some instances. If not, the person must buy 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 charged with 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
Drying

Penalties For Cultivation In Los Angeles

Unfortunately for cultivators, California law classifies cultivation as a felony offense. For this reason, the penalties are harsh. First-time offenders may spend 16 months or up to a few years in jail. However, new legislation in California that aims to reduce crowding may keep low-profile drug offenders from jail sentences. In some cases, a person may receive a sentence for drug rehab instead of jail if the individual is a first-time offender.

To receive an alternate drug rehab sentence, a person must also be cultivating the marijuana only for personal use. For example, an unlicensed person with 50 plants would not qualify. An older woman who cultivates her own plants for self-medicating without a prescription would likely receive a lighter sentence with drug rehab instead of jail. Sentences for these charges usually vary and are decided on a case-by-case basis.

How To Avoid Harsh Penalties

In some cases, there is weak evidence or wrongful charges. For example, a woman who has a medical marijuana prescription may prefer her own marijuana but may need help cultivating it because of a disability. If her sister is her primary caregiver and cultivates the plant but is charged with a crime, the sister could likely have the charges dismissed. 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 many cases, a good attorney is able to negotiate a deal for a charge reduction to simple possession of marijuana. Drug counseling and community service may be ordered, and many judges in Los Angeles order individuals to attend recovery meetings as well.

Why A Good Attorney Is Necessary

The courts are crowded in Los Angeles. Public defenders often have more cases than they can handle. Only a private attorney who has helped others accused of cultivation has the time to negotiate an optimal deal or fight to have the charges dismissed.

FREE CONSULTATION

Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.

Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us