Drug Cultivation

To prove that a defendant is guilty of drug cultivation, also known as cultivating marijuana, the prosecution must prove that:
(1) the defendant unlawfully planted, cultivated, harvested, dried or processed one or more marijuana plants, AND
(2) the defendant knew that the substance he or she planted, cultivated, harvested, dried or processed was marijuana.

Marijuana means all or part of the Cannabis sativa L. plant, whether growing or not, including the seeds and resin extracted from any part of the plant. It also includes every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant, which is incapable of germination. Possession or cultivation of marijuana is not unlawful if authorized by the Compassionate Use Act. The Compassionate Use Act allows a person to possess or cultivate marijuana for personal medical purposes, or as the primary caregiver of a patient with a medical need, when a physician has recommended or approved such use. The amount of marijuana possessed or cultivated must be reasonably related to the patient’s current medical needs. A primary caregiver is someone who has consistently assumed responsibility for the housing, health, or safety of a patient who may legally possess marijuana. (CALCRIM No. 2370; Cal. Health and Safety Code §11358)

There are many different crimes related to drugs and to marijuana. The specific crime charged will depend on the facts and circumstances of each case and the prosecution’s theory of the case. The elements explained above only relate to the crime of cultivating marijuana and are meant to provide general information regarding some of the most common issues presented in such cases.

If you or someone you love has been charged with any type of drug related offense, call The Scranton Law Firm and speak with one of our experienced California criminal defense attorneys today. Consultations are always free and confidential!