Legal Question in Criminal Law in California

Re: Cultivation

Yes, you can still be charged with cultivation of marijuana. As for defenses, if you were not aware that the plants were growing there, then that could be a defense to the charge.

Re: Cultivation

One would hardly make extra money by growing 10 to 12 plants that were one foot high. So it appears your best defense is the truth. And that means allowing your attorney to tell your story to the D. A. The law turns of the facts. Change a fact and the law changes. However, technical things like one pot or two pots, or the maryjane was mixed in with other plants may or may not mean anything. Certainly being mixed in with other plants means you were either concealing the plants, or they cultivated themselves, i.e. grew wild. I for one wouldn't know marijuana from crab grass. I also don't garden except to cut the grass. So a wild plant would grow forever without me knowing it was there. So tell you story to your attorney, and then decide if you want to fight the charge or get the best plea bargain you can. My personal druthers is when innocent always fight the charges. That's my personal proclivity. However, I always enjoy a good fight.

Re: Cultivation

The first step is to attack the warrent or probable cause for arrest or search and siezure. If successful the evidence is suppressed. Please call me directly at (619) 222-3504.

Re: Cultivation

Thanks for your posting.

Cultivation of any amount of marijuana is a felony under Health and Safety Code 11358. People who grow for personal use are eligible for diversion under Penal Code 1000 so long as there is no evidence of intent to sell.

There are no fixed plant number limits to personal use cultivation, and contrary to what you've been told, it doesn't really matter if they are in separate pots or just one pot.

It is possible to win diversion through a hearing pursuant to PEOPLE v. WILLIAMSON

137 Cal App.3d 419, avoiding the felony conviction and jail time.

If you have more specific questions, want more information, or need advisement, I'm happy to help in any way that I can. Please feel free to email me or call my office at 1-877-568-2977 (toll free).