Former Sr. Prosecutors Now Cultivation Defense Attorneys
It is considered to be a criminal act to grow, produce or manufacture certain plants with the intentions of producing a naturally occurring controlled substance, as well as to use chemicals to produce controlled substance not found in nature. This can range from producing meth to growing cannabis. Like most drug crimes, the state of California does not take them lightly and has stiff penalties for those who are convicted.
One of the most commonly prosecuted crimes of drug cultivation involves marijuana (also known as cannabis). According to §11358 of the California Health and Safety Code, it is considered to be a felonious act to cultivate marijuana (including handling seeds, cultivating in soil and processing after harvest) and is a crime that can carry penalties up to three years in state prison, as well as a monetary fine of up to $10,000.
Defending charges of cultivation
If you have recently been arrested or charged with cultivation of a controlled substance, it is extremely important that you do not hesitate to get the involvement of a criminal defense lawyer from Takakjian & Sitkoff, LLP as soon as possible to protect your legal rights. There are defenses that can be utilized on your behalf to protect you against the penalties associated with conviction. For example, if the cultivation charges are in regards to marijuana, it could be argued that it was legal under Proposition 215, which is the Medical Marijuana Program permitted in California.
Under State Senate Bill 420, those who are considered to be lawful medical marijuana users are allowed to possess up to 18 plants (6 mature and 12 immature), as well as 8 ounces of dried marijuana. This could be used as a lawful defense against cultivation charges. Similarly, it could be argued that you were not the one who cultivated it at all, but rather that it was on public ground that was accessed by many different people.
Regardless, however, of the exact defense used on your behalf, it is extremely important that immediate steps are taken to help protect your legal rights in the wake of criminal charges of this nature. If you would like to learn more about how an experienced attorney can help combat these charges, it is extremely important that you get the involvement of our knowledgeable legal team. We know what is on the line with these types of situations and we will go above and beyond in our efforts to protect you. The moment you suspect that you either are or may become a target in a criminal investigation, call us at (888) 579-4844 for a free consultation to discuss your case and options at our main office in West Los Angeles, or our satellite office locations in Torrance, Pasadena, Glendale, Long Beach, Encino, Woodland Hills, West Covina, Oxnard, Westlake Village, Huntington Beach, and Newport Beach.