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Practices > Drug Offenses > Growing/Cultivating Marijuana

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In the state of California, it is illegal to grow or cultivate marijuana. "Every person who plants/cultivates/harvests/dries/ or processes any marijuana or any part thereof is guilty of a violation of Heath and Safety Code 11358, a felony offense. This code section specifically states that "every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment in the state prison."

The California criminal jury instructions gives guidance to the factors that the prosecution must prove in order to successfully convict someone of this offense. In order to prove this crime, the prosecution must prove each of the following elements: (1) A person planted a marijuana plant; and (2) That person knew it was a marijuana plant.

If you have been charged with the harvesting/growing/cultivation of marijuana, you need an experienced and knowledgeable defense attorney to help you. Call or fill out our contact form now and an attorney from WILL & WILL, LLP will discuss your case and your options with you.

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