Legal Question in Criminal Law in California

Growing marijuana isn't legal regardless of whether you have a minor living with you. California makes an exception for those who have a medical marijuana card signaling that a physician has prescribed it, but the card only allows a small number of plants.

Perhaps more importantly, possessing and growing marijuana are still crimes under federal law, and federal law trumps any contrary state laws. The federal penalty for growing 50 or fewer marijuana plants is up to five years in prison and a fine of up to $250,000. For larger crops, the penalties are higher. And the presence of a minor in the home is not going to help you.

California authorities aren't very aggressive about prosecuting people for having or growing small amounts of pot, even without a medical marijuana card. But the feds have been known to enforce their laws in California, if only to make a point.

Bear in mind that, if you get into trouble with the law for some other reason and the authorities learn about your crop, they can use it to put you in a world of hurt even if the original charge is a lot less serious.

I agree with Mr. Hoffman. But you should also know that if you do not have a marijuana card and you get charged with cultivation of marijuana you may also get charged with child endangerment. Even if you have a marijuana card you may be charged with possession or distribution of marijuana if the authorities have evidence of sales or distribution.