Marijuana Cultivation Law

California Health and Safety Code 11358 criminalizes all acts associated with cultivating marijuana unless the grower has a license to cultivate it for medical purposes. Prohibited acts include:
● Handling and planting the seeds
● Growing / cultivating them
● Harvesting and processing the marijuana
The assumption is that anyone who grows more than one or two plants intends to sell marijuana, so charges arising from a violation of HS 11358 can also lead to ‘companion’ charges under HS 11359, (marijuana possession with intent to sell), which is punishable by up to 3 years in prison and a $10,000 fine.
Only those with Medical Marijuana ID cards issued by the state may cultivate marijuana for medical use, which means that if an ill person acting under a doctor’s recommendation is found with any amount of marijuana and does not yet possess a ‘cannabis card’, they can be charged.