San Diego Criminal Lawyers Blog
If you are over the age of 21 in the state of California you are allowed to have marijuana on your person and use it for recreation. This is true, as long as the amount you have does not exceed 28.5 grams. Thanks to Prop 64, in addition to being able to recreationally possess and use marijuana a person of lawful age can also grow the plant. Just like the way that the amount of marijuana you can have has its limits, so do the number of plants that you grow.
If you have an illegal amount of marijuana on you or if you have too many plants, you can be arrested and charged with a California drug crime. As a defendant facing criminal charges in California, you have to be prepared to go up against an aggressive and ruthless prosecution that will be making every argument that they can to slap you with the most severe penalties. The best way to protect yourself and your rights is to have the most talented and proficient legal defense on your side supporting you.
When Can You be Arrested for Growing Marijuana in California?
If you are sticking to the law and following the guidelines of your local ordinance, then it is likely you do not have to worry too much about being arrested for growing marijuana in your home. It is when these rules are ignored whether intentionally or by accident that you are putting yourself in legal jeopardy. Illegally growing marijuana happens when:
- The person is under the age of 21.
- More than six marijuana plants are being cultivated.
- The person growing the plant has a criminal record that includes a violent felony conviction.
- The person growing the plant is a registered sex offender.
- The person growing the plant has more than one conviction for violations of Health and Safety Code 11358.
- The person growing the plant is doing so without regard for environmental laws and regulations.
Penalties for the unlawful growing of marijuana in the state of California include fines as high as $10,000 and up to three years in prison for the most serious offenses. If you do not have hundreds or even thousands of dollars to pay a fine or if you do not want to waste away years behind bars, it is critical that you know the rules before you decide to grow marijuana. If you are arrested, though, then you will need to obtain effective legal counsel who knows how to combat drug charges including the illegal growing of marijuana.
Work With a Talented San Diego Drug Defense Attorney Today
David M. Boertje is a San Diego drug defense attorney that understands how to examine your case and look for information and areas that can be used to put together a solid and strong defense. With the right strategy, you may be able to completely overcome your drug charges in San Diego. Call David M. Boertje today to schedule a free, initial case evaluation at (619) 229-1870 for the San Diego office or (760) 476-0901 for the Carlsbad location.