Marijuana and pills

Cultivating Drugs in CA

According to California Penal Code § 1170, it is a crime for any individual to grow marijuana in any capacity or manufacture controlled substances in any form.

It is against the law to manufacture any type of illegal drug in California. The criminal charges a person receives will be determined by what drug was created and more. It is possible when a person is charged with this crime to use a bail bond agency and post bail. This will provide freedom from incarceration and assist their legal council.


It is against the law in California to possess any amount of marijuana greater than an ounce or more than 28 grams. A person found guilty of having this much marijuana could be fined up to $100. There are other activities related to marijuana that is more severely punished under California law. This includes the illegal planting, cultivating, harvesting or preparation of any type of marijuana plants. It is only legal if done with a doctor’s recommendation for use as medical marijuana. Authorization can also be given if a person is a patient caregiver. When a person cultivates marijuana for personal use or sale, a state prosecutor will likely file charges against them for breaking California’s drug cultivation laws.

Dangerous Drugs And Controlled Substances

Under the laws of California, it is prohibited to process or manufacture any dangerous drugs or illegal controlled substances listed in the California Penal Code. The drugs listed are opium, marijuana, hallucinogenic drugs, cocaine as well as cocaine base and a number of other drugs and substances. Should someone be arrested for manufacturing any of the drugs or substances listed in the California Penal Code, they may be prosecuted by the state on felony charges.

Specific Chemicals

It is against the law in California to possess specific chemicals that can be utilized as ingredients for manufacturing drugs. State law has criminalized the possession of chemicals that make possible the manufacture of methamphetamine and phencyclidine (PCP) and more. If a California prosecutor can prove a defendant possessed such chemicals, had the intent to manufacture methamphetamine or phencyclidine (PCP), or any other type of drug, they could be charged and convicted of a felony based on California state law.


A person does not have to be with the illegally cultivated or manufactured drugs to be arrested. Any person who participated in the drug’s processing, cultivation or manufacture could be found guilty. Should an individual have dominion over the space or property where the drug is grown or processed, it is assumed they knew it was there. This person can be arrested for violating California drug cultivation laws.

Legal Defenses

When a person is charged with a felony for manufacturing or cultivating a drug in California, there are certain legal defenses that can be used. A defendant could be innocent if they have a written or oral recommendation for marijuana to be used for medical purposes. A defendant could possess a license issued by the state of California for drug manufacturing. Having a permit for possessing specific chemicals utilized for making illegal drugs is also a defense. A defendant being a caregiver for a patient who has a recommendation from a physician for medical marijuana is also a valid legal defense.

Sentences And Penalties

An individual found guilty of having intent to sell marijuana they cultivated may be facing a felony sentence. This could include incarceration from sixteen months to three years in a county jail. The charges a person faces could be reduced to a misdemeanor. This might happen if a defendant is able to prove they had no intent to sell the drugs they cultivated or manufactured. A prosecutor will also take a defendant’s previous or current record of convictions into consideration. An individual who is found guilty of manufacturing an illegal drug or controlled substance could receive felony sentencing. They could be given a fine of up to $50,000 as well as incarceration of up to seven years in state prison. A prosecutor could also ask for enhanced sentencing. This would be based on a defendant’s previous or current criminal record. An individual who is found guilty of possessing compounds or chemicals utilized to create specific drugs such as methamphetamine, PCP, and others, could receive a sentence of incarceration for up to six years in a state prison. A prosecutor will examine a defendant’s previous criminal history and especially any offenses associated with drug manufacturing prior to filing charges.

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