Cannabis Cultivation in California – Health and Safety Code 11358

My Rights Law’s Marijuana Defense Attorneys Can Help You Reduce The Consequences Of Your Charges

Although marijuana is subject to more lenient regulations than other controlled substances (like fentanyl or cocaine), there are cases where you may be charged with cannabis-related offences. Besides selling and transporting marijuana without a proper cultivation license, you may get in legal trouble for growing and cultivating it. If you’re not careful, you can quickly get criminal charges under Health and Safety Code 11358, which can be treated as both a misdemeanor and a felony. Unlike other cannabis-related regulations, like Health and Safety Code 11360, which target illegal sales and transportation of marijuana, this law applies to its cultivation.

The laws in California make it a crime to illegally grow marijuana (even if it is just a few plants). Interestingly, you may be arrested with 11358 HS even for growing for personal use or helping someone with a medical condition. Understanding all the nuances and the peculiarities of the regulation is the first and most crucial step in safeguarding yourself and your rights.

My Rights Law is the law firm that defends our clients to the end. Whether your unlawful cultivation case is an assault on your rights or an honest mistake, we will represent you in the courtroom and outside of it. With years of experience handling California cannabis cases, we understand how to challenge the charges and build a strong legal defense. Contact us at (888) 702-8845 to start building your defense today!

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Is It Legal To Grow Weed In California?

You may ask yourself, “If recreational use is allowed, can you grow cannabis in California?” In short, yes, but you need to be aware of the law’s boundaries. It is not inherently a crime to grow marijuana, but you need to follow strict regulations regarding the number of plants, their location, and other aspects.

In general, under California’s Adult Use of Marijuana Act, adults 21+ can legally grow up to six cannabis plants, as long as it is done at their primary private residence and is done for personal use. However, if you decide to do it, you need to comply with the limitations:

The plants must be kept indoors or in a locked outdoor area at all times. Also, they mustn’t be visible to the public. For instance, it can be a greenhouse or a dedicated room in a house.
You have to comply with local city or county regulations. While the state laws are not too restrictive, local regulations might put a particular strain on your home grow.
Growing more than six plants (even if it is just one more) is considered a crime and comes with charges.

Although it is not illegal to grow weed in California, doing it wrong can come with serious repercussions. Oftentimes, people don’t even realize they are breaking the law until the police come knocking at their door. Whether it’s growing too many plants, violating a local ordinance, or not securing your grow properly, simple mistakes can carry serious legal consequences. If you have been caught violating any of those regulations, a criminal defense lawyer is what you need. They can help you navigate the complicated world of marijuana regulations and protect your rights..

Proposition 64

Proposition 64, also known as the Adult Use of Marijuana Act, was passed by California voters in 2016, making it legal to possess, grow, and use small amounts of cannabis. Here’s what Prop 64 allows in detail:

Adults (21 years old or above) can grow up to six plants per household for personal use.
Plants must be out of public view and securely stored inside private property.
Indoor cultivation is protected statewide, but cities and counties can still regulate or ban outdoor growing.

While the passage of Proposition 64 has made cannabis more accessible, it also makes it clear that growing more than six marijuana plants is not legal unless you have a state-issued license for commercial cultivation. That’s why it’s so important to know the line between legal and illegal cultivation.

Legal Penalties for Illegally Cultivating Cannabis in California

So again, is it illegal to grow weed in California? Unfortunately, yes – if you don’t follow the rules. Under Health and Safety Code 11358, illegal cultivation of marijuana can result in either a misdemeanor or a felony, depending on the circumstances.

This is where things can get serious. Without proper defense, such charges are punishable by:

Fines
Imprisonment
A permanent criminal record
Even immigration consequences for non-citizens

Misdemeanor vs. Felony

If you’re caught growing more than six mature plants or violating local cultivation laws, you could be charged with a misdemeanor or even an infraction (allowing you to get off with minimal penalty, like a fine). That usually applies if:

You have no prior criminal convictions
There’s no environmental harm
You’re not using dangerous chemicals or methods

Misdemeanor penalties can include:

Up to 6 months in county jail
A fine of up to $500
Probation and possibly community service

But in more serious cases, you will likely get charged with a felony, and the consequences go up fast. Felony cultivation charges may apply if:

You have serious prior convictions

You’re endangering others, like minors or tenants
You caused environmental damage or used hazardous materials
You’re running a commercial-scale operation without a license
You are operating greater amounts of produce
Gross negligence is found (like using hazardous substances beyond reasonable needs, or when pests are involved)

If convicted of a felony, you could face:

16 months to 3 years in state prison
Thousands of dollars in fines
Long-term consequences like loss of jobs, housing, and rights

Whether your case is classified as a misdemeanor or a felony, we understand how frightening this can be – and we’re here to help.

Medical Marijuana and Cannabis Cultivation Regulations

Even before Prop 64 (recreational use law), California passed the Compassionate Use Act of 1996 (also known as Health and Safety Code §11362.5), legalizing medical marijuana.

So, can you grow marijuana in California for medical use? Yes, qualified marijuana patients or primary caregivers may cultivate more than six plants if it’s reasonably related to their medical needs. But again, there are limits:

You need a valid doctor’s recommendation.
You must only grow what’s necessary for your treatment.
You must follow local rules, including zoning and plant visibility restrictions.

We’ve helped many clients defend their rights under the medical marijuana laws, especially those with chronic conditions who rely on cannabis for relief. If you’re a patient or caregiver facing cultivation charges, we can help explain your rights and fight for your freedom.

Legal Defenses to a Marijuana Cultivation Conviction

No matter what the police officers or prosecution say, being arrested doesn’t mean you’re guilty. And under California law, you have the right to a fair trial and a strong, aggressive defense.

We’ve represented clients across the state facing marijuana cultivation charges, and we’ve seen many cases fall apart because of sloppy police work, unclear evidence, or outright violations of constitutional rights.

Here are some of the most common defenses and reasonable doubt approaches we use:

Illegal search and seizure – If law enforcement didn’t have a warrant or entered your property illegally, we can file a motion to suppress evidence.
No criminal intent – You may not have known the plants were illegal (e.g., you were under the six-plant limit or thought you had medical authorization).
Medical necessity – If you were growing marijuana for a qualified medical use, we can assert your rights under the Compassionate Use Act.
Personal use only – If there’s no evidence of distribution, packaging, or sale, you may get your charges reduced or dismissed.

Don’t take a plea deal before speaking with a criminal defense attorney. Our job is to protect your rights, push back against unfair charges, and help you move forward without a criminal record.

Contact a Drug Crimes Attorney for Marijuana Cultivation Charges

If you or someone you love is facing charges under the California Health and Safety Code §11358, don’t wait. These cases can quickly escalate, and prosecutors take them seriously.

At our firm, we know the law, the courts, and what it takes to beat or reduce the charges for illegal cultivation of cannabis. We’ll dig into every detail of your case, from the number of plants involved to the way police collected evidence, and we’ll explore all available defenses.

We’ve helped clients:

Avoid jail time
Get charges dropped
Reduce felonies to misdemeanors
Qualify for diversion or expungement
Apply for resentencing

Most importantly, we treat every client like a person, not a case file. We’ll listen to your story, answer your questions, and give you honest advice about your legal options.

Call us at (888) 702-8845 as soon as possible for a free consultation. Let’s talk about your case, your rights, and how we can help you move forward.