What is Cultivation of Marijuana

What is Cultivation?

Cultivation is the unlawful growing of marijuana plants. A person can be charged with cultivation if they are involved in any way with growing marijuana plants.

What is Considered Cultivation?

The term, “cultivation” can refer to many aspects of growing marijuana. Planting, harvesting, drying, or processing the marijuana in any way can be considered cultivation.

How Does California’s New Marijuana Laws Affect Cultivation?

Recently, marijuana laws in California have changed. In November 2016, Proposition 64 was passed, legalizing the recreational use of marijuana in the state of California. Previously, the use of marijuana was limited to those who had a medical marijuana card given to them by a doctor. Proposition 64 has changed the law concerning the cultivation of marijuana. After November 2016, residents of California are allowed to grow and cultivate up to six marijuana plants. There are rules that must be followed if you choose to grow marijuana. They are as follows:

You must be 21 or older.
You may not grow more than six plants per house. For example, if you live with roommates, you can only grow six plants total, not six plants per person.
Marijuana plants must not be visible to the public and need to be grown on private property.
Unless you have a license, you cannot sell the marijuana you grow.

Photo credit: Rick Thompson

Penalties of Cultivation?

Even though Proposition 64 allows individuals who meet certain requirements to cultivate marijuana, there are legal consequences if someone violates the rules presented in Proposition 64. For example, if you are convicted of cultivating more than six marijuana plants, you could be sentenced up to six months in jail as well as a $500 fine. Traditionally, this offense will be charged as a misdemeanor. However, if you are a registered sex offender, have previous felonies, or have two prior charges of cultivation, you may be charged with a felony.

Common Defenses to Cultivation

Some common defenses to cultivation are as follows:

The marijuana plants are not yours
You didn’t know the plants were marijuana
The marijuana was recovered illegally (unlawful search)

If accused of cultivation, it is best to consult an experienced criminal defense attorney to ensure your rights are protected.

Understanding marijuana cultivation

Understanding marijuana cultivation is more important than ever as laws continue to evolve in California. While Proposition 64 legalized limited recreational use and growing of marijuana, it’s still easy to misunderstand what’s allowed—and what’s not.

Today, adults 21 and over can legally grow up to six plants at home for personal use. However, limits remain. You can’t grow more than six plants total per residence, even if multiple adults live there. Also, the plants must stay out of public view and remain on private property.

Because of these regulations, many people unintentionally step outside the law. For example, growing too many plants or growing them where they’re visible can result in legal trouble. That’s why learning the boundaries is key. Knowing a trusted marijuana cultivation attorney to call is also important.

Moreover, selling any amount of marijuana without a license is still prohibited. This confuses many people who assume home cultivation includes the right to distribute.

Even with legalization, penalties still exist. Growing more than six plants may lead to fines or even jail time depending on your history and circumstances. As laws shift, staying informed helps you avoid unnecessary risk.

It’s also useful to understand how cultivation differs from other marijuana-related offenses. Cultivation refers specifically to the act of growing, harvesting, drying, or preparing the plant. Just being present during these stages can be enough to raise legal concerns.

As you explore more about cultivation, remember that following guidelines keeps your actions legal and protects your rights. Whether you’re curious about growing for personal use or want to stay updated on California law, understanding what cultivation entails is essential.

Knowledge is your best defense when navigating this complex topic. By staying informed, you can enjoy your rights while respecting the rules.

In case you are accused of this crime, look for an experienced Marijuana Cultivation Attorney as soon as you can to make sure that you have a guide in every step of the way.

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