OC Marijuana Cultivation Defense Attorneys

California Health and Safety Code 11358

Marijuana laws have changed drastically in California over the last few years. However, there are still severe penalties for those suspected of cultivating marijuana without licensed permission. Unless someone is legally entitled to use or cultivate marijuana for medical purposes, he or she can face serious legal penalties including jail or prison time.

The experienced Orange County drug crime defense attorneys at Law Office of Michael L. Guisti understand complex marijuana laws at the county, state and federal levels. The inconsistencies in the laws and how they're enforced can make marijuana cases extremely complicated. Call us today at (714) 530-9690 to find out how we can help you fight marijuana cultivation charges in Orange County.

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Understanding Marijuana Laws in Orange County

It is illegal in Orange County to plant, cultivate, harvest, dry or process any amount of marijuana or any part of the marijuana plant. In fact, you don't even have to be at the location where the drugs were seized to face marijuana cultivation charges. You will face conviction and potential incarceration if the court is able to prove you knowingly had control over the property where the marijuana was grown or if you participated in some way in the cultivation or processing of the marijuana.

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The Consequences of a Marijuana Offense in OC

The cultivation of marijuana in Orange County is a felony offense. First-time offenders can face 16 months to three years in county jail. However, in some cases, it is possible to be sentenced to treatment for drugs in lieu of jail time. Your odds of receiving an alternative sentencing increase dramatically if you are a non-violent first- or second-time offender and if the charges are limited to cultivation for personal use. A drug crime defense attorney might even be able to reduce your charges from felony cultivation to misdemeanor possession.

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Medical Marijuana Users

If you live in Orange County, you must know that local prosecutors take drug crimes seriously. The only Orange County residents allowed to cultivate marijuana are licensed medical marijuana users, co-ops and primary caregivers. You are only entitled to use medical marijuana under the law if a doctor has recommended or approved it.

You can seek out a medical marijuana prescription if you suffer from AIDS, arthritis, cancer, migraines, multiple sclerosis, seizures, chronic pain or any number of serious illnesses. In fact, you do not need a medical marijuana ID card in order to cultivate marijuana for personal use if you are a patient, but having a valid marijuana ID card will provide you with extra protection.

In Orange County, you can legally cultivate up to six mature marijuana plants or 12 immature marijuana plants with a prescription. You can grow more plants if you have a doctor's recommendation. Medical dispensaries are also legal in Orange County, though many regularly experience unfair legal scrutiny and treatment for marijuana cultivation by local government, law enforcement and federal authorities.

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Contact an Experienced OC Marijuana Cultivation Lawyer

If you have been arrested on marijuana cultivation charges in Orange County, don't hesitate to research your possible legal defenses. You may have an opportunity to negotiate for reduced charges or to fight the charges in court. Call the experienced Orange County marijuana defense attorneys at Law Office of Michael L. Guisti to schedule your no-cost, no-obligation consultation. You can reach us at (714) 530-9690.

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Additional Information

• In 2018, You’re Free to Smoke Marijuana…Sort Of
• California Health and Safety Code 11358
• Marijuana Goes Legal in California on Jan. 1 - What You Need to Know
• California Cannabis Portal