Los Angeles Marijuana Cultivation Defense Lawyers
Skilled Legal Defense Against Cultivation Charges in Los Angeles
Before November 2016, it was a criminal offense to grow any amount of marijuana in California. After voters passed Proposition 64, it became legal for individuals ages 21 and older to grow no more than six plants at home for personal use. Anyone with a medical marijuana card may grow up to six mature plants, up to 12 immature plants, or more with a doctor’s recommendation.
Growing more than the prescribed number of plants, or growing and selling or giving away marijuana without a license is a criminal offense. Conviction of marijuana cultivation carries serious penalties. If you are facing these charges, it is in your best interests to consult with an experienced Los Angeles marijuana attorney as soon as possible.
What Are the Penalties for Marijuana Cultivation in California?
Cultivation of marijuana may be charged as either a misdemeanor or a felony. Although it is usually a misdemeanor offense, you may be charged with a felony if you have two or more prior marijuana cultivation convictions; you have a prior conviction for a violent felony; you are a registered sex offender; or your cultivation broke certain environmental laws.
- Potential criminal penalties for misdemeanor cultivation include a jail sentence of up to six months and a fine of up to $500.
- A felony cultivation conviction carries 16 months, two years, or three years in county jail and fines of up to $10,000. It also gives you convicted felon status, which can significantly impact your employment opportunities and ban you from owning a firearm for life.
- For minors under the age of 18, cultivation of marijuana is an infraction. A first offense will likely result in eight hours of drug counseling and 40 hours of community service. For a second or subsequent offense, the sentence may be 10 hours of drug counseling and 60 hours of community service.
- Many marijuana cultivation offenders qualify for a drug diversion program. You plead guilty to the charges, jail time is deferred and you attend a drug treatment program instead. After successful completion of the program, you serve out the remainder of your probation. You still have a conviction on your record but avoid going to jail.
What Are the Legal Defenses Against Cultivation Charges?
As in every criminal case, the prosecution must file charges against you. Our Los Angeles cultivation defense attorneys can thoroughly examine and challenge any flaw we find in the prosecution’s case. If evidence was obtained illegally, we can file a motion to suppress evidence, which could mean your charges will be reduced or dismissed. Possible defenses against marijuana cultivation charges include the following:
- The marijuana was not yours. You did not plant it or the area was co-owned or occupied with other people.
- You did not know the marijuana was there.
- You knew it was there but you did not know it was marijuana.
- Police conducted an illegal search and seizure, in violation of your constitutional rights.
- There is insufficient evidence against you for a conviction.
- You need the marijuana for medical reasons, as recommended by a doctor.
Why Choose Us for Criminal Defense Against Marijuana Cultivation Charges?
At Werksman Jackson & Quinn LLP, we are tenacious, proven drug crime defense lawyers. Our firm has a track record of resolving issues quickly and quietly. We pride ourselves on delivering the best criminal defense available for every client.
A conviction on your record for marijuana cultivation can follow you for years and affect your future prospects. If you are facing cultivation charges, contact us at (213) 688-0460 to find out how we can help.
Contact Werksman Jackson & Quinn LLP Today
Phone: (213) 688-0460
Fax: (213) 624-1942
Recent Case Results
- Complete Dismissal of Molestation Charges
Attorney Mark Werksman’s 29 year old client was falsely accused of molesting two neighborhood children and was subsequently charged with felony child molestation, with a significant prison sentence hanging over his head should he be convicted. Instead, at the preliminary hearing Werksman was able to convince the court to grant his client a complete dismissal of any charges. - Decision Set Aside
Client, a college student in a faulty Title IX case, was awarded $130,000 in attorney fees. - Probation with No Jail Time for Drug Money Laundering Charge
Wilmington man accused in New York federal court of laundering drug money through the sale of laptop computers. Mark was able to get the case transferred to federal court in Los Angeles, where he convinced the United States Attorney to reduce the charges. His client was sentenced to probation with no jail time on a misdemeanor conviction.