Marijuana Cultivation by Darren Kavinoky

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Marijuana Cultivation
by Darren Kavinoky

Marijuana Cultivation

It is illegal to grow, or cultivate, marijuana. The California criminal jury instructions gives guidance to the factors that the prosecution must prove in order to successfully convict someone of this offense.

“Every person who plants/cultivates/harvests/dries/ or processes any marijuana or any part thereof is guilty of a violation of Heath and Safety Code Section 11358, a crime.

The word “harvesting” is defined as the gathering of crops of any kind.

The verb “to harvest” means:
a) to gather in a crop: reap…’
b) to gather a natural product as if by harvesting

In order to prove this crime, each of the following elements must be proved:
1. A person [planted] a marijuana plant; and
2. That person knew it was a marijuana plant or some part thereof.” CALJIC 12.24

The operative law that results in the above jury instruction is California Health and Safety Code Section 11358 which reads:

“Every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment in the state prison.”

Medical Marijuana

Under federal law, sale, cultivation and possession of marijuana remain strictly illegal. However, the California Compassionate Use Act of 1996, known as Prop. 215 exempts patients and their primary caregivers from criminal prosecution for personal possession and cultivation of marijuana, but NOT for distribution or sale to others.
Medical cannabis may be legally used & cultivated by qualified patients in California under Prop. 215, provided they have a recommendation from a licensed physician.
State law SB 420 establishes Prop. 215 guidelines for possession and cultivation. State limits are set at 6 mature or 12 immature plants and 8 ounces marijuana, except where a physician declares more is needed, or where local governments authorize more.

Author's Biography:

Darren Kavinoky is the founding partner of The Kavinoky Law Firm, a

criminal defense law firm with six offices throughout California. The

attorneys of the firm take pride in their constant continuing legal

education and unparalleled one-on-one client service. Every attorney at

the firm particpates in ten times the amount of education required by

the state bar.

In addition, the attorneys provide each client with a personal cell

phone number, and they make themselves available to clients at all

times. The attorneys of The Kavinoky Law Firm understand that there is

only one case that matters to you: yours! They are dedicated to treating

each client with personal service to ensure satisfaction.

Darren has defended numerous high-profile clients, developed key

relationships with media leaders, and earned public support for clients