An expungement frees a defendant from many of the hardships associated with a criminal conviction. 8
any marijuana or any part thereof. 4
This is opposed to six plants each. 2
Authorities cannot conduct a search or take property without a valid search warrant. If no warrant, then they must have a legal excuse for not having one. If the police:
8.1. Simple possession of marijuana – HS 11357
A person convicted under cultivation laws can get an expungement.
After the legalization of marijuana in California in 2018, adults age 21 and over can possess:
A person is eligible for DEJ if:
3. Are there immigration consequences for an 11358 HS conviction?
A defendant can beat a charge under this statute with a legal defense. Common defenses include:
He cannot be guilty for someone else’s actions. Therefore, it is a crime for a defendant to show that the drugs in question were not his.
Even after legalization, possession, cultivation, and distribution of marijuana still involves a number of criminal charges, including penalties for:
Marijuana Offenses in California
In many cases, an overzealous prosecutor may try and get a defendant to plead guilty to certain charges in exchange for dropping other, more serious drug charges. However, before you plead guilty to any criminal charges, make sure you understand your rights to growing marijuana in California. Talk to an East Bay lawyer with experience defending people charged with cultivation of marijuana.
Marijuana Cultivation Defenses
Individuals under the age of 18 found planting, cultivating, harvesting, drying, or processing not more than 6 living plants is guilty of an infraction and faces a fine of up to $100.
Cannabis status by state
Illegal plants seized in California by year
More than 1.11 million illegal plants were seized in 2020.
Marijuana is legal for adults to use in 18 states and Washington, D.C. Medical marijuana is legal in 37.Most recently, New Mexico, Virginia and Connecticut legalized recreational cannabis.
State license issuance began in 2018, but data isn’t available for that initial year because they were issued as temporary licenses. Data sets begin in 2019, when 12-month annual and provisional licenses began to be issued, using the online licensing systems. Licenses remain active for one year, at which point they can be renewed for an additional 12 months. This list displays counts of when the licenses were first issued, but not each time one was renewed.
Recreational cannabis sales began in January 2018, and while many have played by the rules, the illegal growth and sale of the plant continues to undermine those following the rules.