Marijuana Plants

Cultivating Marijuana

The legal ramifications of cultivating marijuana vary greatly depending on the state and city of residence.

In some states, such as California, growing a small amount of marijuana is legal if the person has a prescription, while those in other states, such as Alaska, are allowed to grow small amounts of marijuana without a prescription.

Considering Local Regulations

In California, it is illegal to grow, process or plant marijuana unless the person residing at the property has a prescription for medical marijuana. If the person residing at the property is the primary caregiver of a person with a prescription for marijuana, the caregiver should provide the officers with a valid caregiver’s card to avoid prosecution. Additionally, people other than the legal residents of the property can be charged with cultivating marijuana if there is any indication that the person knew marijuana was being grown illegally. If you should find yourself in this position, you should call a good bondsman.

Any person that is aware of the cultivation of marijuana, or who participates in the growing of the plants, can be charged with a crime, even if the person is not present at the time of the citations. Federal laws state that the use, cultivation, selling or purchasing of marijuana is illegal. In states where medical marijuana is legal, the federal laws take precedence over state and city regulations.

Federal Laws

In states where marijuana or medical marijuana is legal, federal laws can still cause a person to be charged with growing or possessing marijuana. Typically, federal agents are concerned with large amount of marijuana, rather an individual growers, and focus on dispensaries and other large, profitable organizations. An individual living in a state where marijuana is legal should contact a bail bondsman and a lawyer for assistance when charged with cultivation of marijuana in a state where medical marijuana is legal.

Being aware of local laws and regulations concerning the amount of marijuana allowed within the state can help legal users avoid prosecution. In California, residents with a prescription for medical marijuana are typically allowed to have up to eight ounces of dried marijuana and up to twelve live marijuana plants. Amounts greater than eight ounces or twelve plants can cause a person to be charged with intent to distribute an illicit drug.

Possible Legal Consequences

Fines, community service or jail time may be ordered when a resident possesses more than the prescribed or necessary amount of marijuana. Federally, jail is often recommended for anyone growing large amounts of marijuana. According to federal laws, those with marijuana crops that are valued at over $2 million may even be subject to the death penalty.

While federal laws are subject to change as a result of progressive marijuana reformation within the states, those growing marijuana in regions where it is illegal are often subjected to harsh punishments. Carrying a valid medical marijuana card can help prevent harsh punishments in states where medical marijuana is legal.

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