The war against drugs has resulted in thousands of arrests and incarcerations for seemingly small, non-violent offenses. A conviction for marijuana cultivation not only results in potential imprisonment and penalties, but will remain on your permanent record. While California, as one of the more progressive states, has loosened the punishments for marijuana possession and cultivation, you may still face misdemeanor or felony charges upon conviction. If you have been arrested for marijuana cultivation, contact an experienced San Jose marijuana cultivation lawyer as soon as possible, and understand your rights.
Marijuana Cultivation in California
The California Department of Public Health's Medical Marijuana Program was established to provide people with a state-authorized medical marijuana identification card. The corresponding web-based registry allows law enforcement and the public to determine the validity of a patient's status and their ability to possess, grow, transport, or use medical marijuana in California.
However, it remains illegal to cultivate or possess any amount of marijuana unless you hold a medical marijuana prescription or state-sanctioned card. Per the California Health and Safety Code, a person who cultivates or possesses marijuana, except as otherwise provided by law, will be subject to penalties and potential imprisonment. The exception to this law is for those people who have the state-authorized medical marijuana card. Therefore, if you decide to grow even one marijuana plant without holding a medical marijuana prescription, you may be subject to arrest and will need the help of a skilled San Jose marijuana cultivation lawyer.
Marijuana Cultivation Defenses
A prosecutor must be able to prove that you both illegally cultivated one or more marijuana plants and you were aware that the substance you cultivated was marijuana. It is a defense that you were unaware the plants were marijuana plants, or that you were unaware another person cultivated the plants on your property.
The Medical Marijuana Program Act and the Compassionate Use Act offer a defense to possession and cultivation of marijuana for personal use, provided the individual have a physician prescription or recommendation if the individual has a serious medical condition. In these extreme situations, an individual will not have a medical marijuana card for certain conditions, and therefore a doctor will be able to provide the necessary defense that the individual needed the substance to treat a severe illness and perhaps was unable to gain access to the card in a certain time period.
It is important to talk with a criminal defense attorney about all the facts of your case to determine the best course of defense to take against your charges. Even a small amount of marijuana can lead to lifelong repercussions and it is therefore essential to treat any marijuana cultivation charges as charges that could impact your future.
Ahmed & Sukaram Law | San Jose Marijuana Cultivation Attorneys
If you have been arrested on charges of marijuana cultivation, do not hesitate to contact the attorneys ofAhmed and Sukaram. Our attorneys have years of experience in assisting our clients with marijuana charges and will assist you in working through the different defense. Contact our San Jose, California office today for your initial free consultation.