Cultivation of Marijuana

The defenses to illegal HSC 11358, cultivation of marijuana are numerous:

• The alleged unlawfully cultivated plants may not be yours
• You may not have planted, cultivated, harvested, dried, or processed as required by HS 11358
• You did not know the plant or its related parts were marijuana

Only rely on a licensed criminal defense attorney’s advice about how best to fight your case.

DEJ/Diversion PC 1000

California has made strides in diverting those accused of drug crimes away from the criminal justice system and into drug programs. However, it is important to note:

• The marijuana cultivated must not have been with the intent to sell it. This means the cultivated marijuana must have been for personal use.
• A defendant must not have a prior conviction involving controlled substances (drugs)
• A defendant must not have prior convictions involving violence or a threat of violence
• A defendant must not have a felony conviction within the preceding 5 years
• And more…

Even if you qualify for Deferred Entry of Judgment (DEJ) or Diversion into a drug program, you may have to first plead guilty to a crime, you will have to complete some sort of drug program that is ordered by the court, and you may go to jail or prison if you fail to satisfy all of the court’s requirements.

Resentencing Under Prop 64

Prop 64 allowed for many drug crimes to be re-sentenced as misdemeanors, even if they were committed before January 1, 2017. This could be the difference between going to prison and having a felony on your record, and simply committing a misdemeanor and avoiding jail time.

Always contact a licensed criminal defense attorney to determine how the law applies to your case.