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Cultivation of Marijuana / Manufacturing
Federal, state, and local laws regarding the cultivation of marijuana or the manufacturing of controlled substances are ever-evolving. Not only are there sometimes substantial differences between what the federal government outlaws and what is otherwise permissible within the State of California, there can even be conflict between what is legal in two different locations within the same county. For over a decade, Riverside and San Bernardino marijuana crime lawyer Gregory H. Comings has defended clients against drug manufacturing and marijuana cultivation charges. We work hard to stay abreast of the constant changes in this area of the law, so that we can provide our clients the most current, up-to-date, and effective legal defense possible.
One of the most important things to note about laws concerning manufacturing or cultivation of illegal substances is that federal law still prohibits any growing, selling, or use of cannabis or marijuana. This is true even though many states, including California, have laws allowing at least some usage of these substances. Federal law treats the cultivation/manufacturing of marijuana the same as controlled substances like cocaine or heroin. If you are facing federal charges for the cultivation of cannabis, the fact that it is legal to grow and use cannabis under a given state’s law will not necessarily help you avoid a federal conviction or the harsh penalties that come with a finding of “guilty” in federal court. However, if you are charged under California’s state laws, or even a local ordinance in a certain city or county, the outcome could be very different.
While the cultivation and distribution of marijuana is not completely illegal under California state law, it is still a very tightly regulated endeavor. The authorities have the power to shut a grower down and charge him or her with a crime if they believe the law has been broken. It is important to note that a defendant can be convicted of illegally cultivating cannabis even if he or she was not the main person in charge of the operation. The State only has to prove that the accused was involved in the process. This could be something as simple as selling an ingredient or device to someone engaged in illegal cultivation or manufacturing, or just offering to help someone who is doing this. If you have been charged with crimes such as drug manufacturing or illegal cultivation of marijuana in Riverside or San Bernardino, an experienced lawyer can advise you as to the best way to defend yourself.
With regard to recreational usage of marijuana, California Health & Safety Code Section § 11358 makes it a crime to plant, cultivate, dry, or process any marijuana or part thereof unless certain requirements (pertaining to age, number of plants, prior convictions, etc.) are met. Additional statutes and regulations may be applicable to a particular situation. Violation of California’s state laws, or local ordinances put in place by a county, city, or other governmental entity, such as rules regarding drug crimes near schools, can result in fines and possible imprisonment. A drug conviction can cause the defendant many problems in the future as well, especially if the offense was a felony. Thus, it is important that a person accused of a drug crime, including the cultivation of marijuana or the illegal manufacturing of drugs, understand their legal rights and have a strong advocate in the courtroom.
As with other crimes, there may be factual or constitutional defenses that could result in a dismissal of the charges against the defendant in cases of this nature. However, it is very unlikely that a drug charge will “go away” on its own. If you are facing an accusation of illegal cultivation or manufacturing of cannabis or another controlled substance, you need to talk to a lawyer about your situation as soon as possible. If you need to speak with an experienced attorney concerning your Riverside or San Bernardino marijuana manufacturing or cultivation case, contact our office online or call 951-686-3457. We also handle prescription drug crime and other controlled substance offenses.