Cultivation, Sales, and Other Drug-Related Defenses

California became one of the few states in the nation to decriminalize marijuana for recreational use with the passage of Prop. 47 in 2014. Since that time, it has been legal to use marijuana recreationally – with some limits – and even to grow marijuana plants at your home for personal use. However, there is still a great deal of confusion in this area that leads to some residents facing criminal charges related to cultivation, sales, and other drug-related offenses.

Who Can Use Marijuana?

In the state of California, recreational use is legal for anyone over the age of 21. However, if you are 18 or older, you can still take marijuana if you have a medical marijuana card issued by your county or a physician’s recommendation. Note that there are limits on how much you can possess at one time. You can only purchase up to 28.5 grams of marijuana at a time. Note that this is also the limit on how much you can possess at one time.

How Much Marijuana Can I Cultivate?

Home cultivation of marijuana is legal in most areas of California, except where it has been banned by municipalities. However, there are strict limits on how much can be grown at any one time, and even where marijuana can be grown at your home. You are limited to growing only six plants at one time. If you have a county-issued medical marijuana card or a physician’s recommendation, you can grow six mature or 12 immature plants, plus possess up to eight ounces of marijuana. Note that the growing area in your home must remain locked, and cannot be visible to the public.

Can I Sell Marijuana That I Grow?

No, it is illegal to sell home-grown marijuana. It is also illegal to sell marijuana that you have purchased legally. The instance in which selling marijuana is legal is if you operate a legal business licensed through the state of California. Note that there are different types of licenses applicable for different business types. There are three licensing authorities in the state – CalCannabis Cultivation Licensing, the Bureau of Cannabis Control, and the manufactured Cannabis Safety Branch.

Transport Across State Lines

It is illegal to carry marijuana from California into any other state, even if that state does not criminalize the use of marijuana. This applies to home-grown marijuana, as well as to marijuana and marijuana edibles purchased legally in the state.

How Can Gasner Criminal Law Help?

If you are facing legal charges related to cultivation, sales, and other drug-related offenses, we can provide you with the experienced guidance and legal counsel that you need. We have worked with many clients in similar situations, and will fight for your rights and the best possible outcome for your case.

Schedule Your Consultation Today

If you’re facing legal charges related to cultivation, sales and other drug-related offenses, call us today at 415-782-6000 to schedule a free consultation. You can also use our online contact form if you prefer.