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how long in jail for growing weed

How long in jail for growing weed

HS 11358 only applies to the cultivation of marijuana. This means it is always a valid defense for a defendant to say that:

Unless local law permits otherwise, a person must grow weed:

Under the CUA, the following people can legally grow hash for medicinal use:

7. What about cultivating medicinal marijuana?

After the legalization of marijuana in California in 2018, adults age 21 and over can possess:

An accused is only guilty under this statute if:

2.3. Re sentencing under Proposition 64

There are three crimes related to the unlawful cultivation of pot. These are:

The unlawful cultivation, however, is not one of these offenses.

Distribution of greater than 5 grams of marijuana to a minor under the age of 21 doubles the possible penalties. Distribution within 1,000 feet of a school, playground, public housing or within 100 feet of a youth center, public pool or video arcade also doubles the possible penalties.

Marijuana possession remains a federal offense, and the federal law applies to offenses committed on federal property, which includes the Capitol grounds and the mall within DC, as well as all national parks and military property nationwide, and other land under federal control.

The sale of paraphernalia is punishable by up to three years in prison.

Miscellaneous

The sentence of death can be carried out on a defendant who has been found guilty of manufacturing, importing or distributing a controlled substance if the act was committed as part of a continuing criminal enterprise – but only if the defendant is (1) the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders, and (2) the quantity of the controlled substance is 60,000 kilograms or more of a mixture or substance containing a detectable amount of marijuana, or 60,000 or more marijuana plants, or the if the enterprise received more than $20 million in gross receipts during any 12-month period of its existence.

Possession of marijuana is punishable by up to one year in jail and a minimum fine of $1,000 for a first conviction. For a second conviction, the penalties increase to a 15-day mandatory minimum sentence with a maximum of two years in prison and a fine of up to $2,500. Subsequent convictions carry a 90-day mandatory minimum sentence and a maximum of up to three years in prison and a fine of up to $5,000.

Possession

Distribution of a small amount of marijuana, for no remuneration, is treated as possession. Manufacture or distribution of less than 50 plants or 50 kilograms of marijuana is punishable by up to five years in prison and a fine of up to $250,000. For 50-99 plants or 50-99 kilograms the penalty increases not more than 20 years in prison and a fine of up to $1 million if an individual, $5 million if other than an individual for the first offense. Manufacture or distribution of 100-999 plants or 100-999 kilograms carries a penalty of 5 – 40 years in prison and a fine of $2-$5 Million. For 1000 plants or 1000 kilograms or more, the penalty increases to 10 years – life in prison and a fine of $4-$10 Million.

Federal law also applies to offenses involving interstate commerce and importation from other countries.