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penalty for growing cannabis

POCA provides the courts with scope to confiscate the proceeds of a crime where a defendant is shown to have benefited from their criminal conduct.

A person can only be charged with cultivation or production, not both offences together.

Penalties available for cultivation of cannabis

There is more information on this issue in sentencing for drug offences.

Maximum: 14 years’ imprisonment and/or unlimited fine.

The reason that an individual would be charged with production instead of cultivation is because production is classed as a ‘trafficking’ offence, which allows the authorities to order a POCA (Proceeds of Crime Act) hearing.

Penalty for growing cannabis

A simple conviction under this statute will not have negative immigration consequences.

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

5.2. Hash belonged to someone else

The statute also says that:

California’s “Compassionate Use Act of 1996” (the “CUA”) applies to the medicinal use of marijuana. The Act’s provisions are set forth in Health and Safety Code 11362.5 HS.

8.2. Possession of hash with intent to sell – HS 11359

Our California criminal defense attorneys will answer the following key questions in this article:

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.

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

Distribution

While District of Columbia residents have passed Initiative 71 legalizing the possession and home cultivation of marijuana for personal use under DC law, those provisions only apply when one is on DC property; not federal property. (Federal land comprises 18 square miles within the District of Columbia.)

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.

More Information

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.