Health and Safety Code 11358 HS – Marijuana Cultivation Laws
Marijuana cultivation is defined under California's Health and Safety Code 11358 HS. Despite its legalization in the state, the federal government still maintains prohibitions against marijuana, leading to a complex legal landscape. This means that even though you may comply with state laws, you could still face federal charges.
It's illegal; you can't own, use, and possess it according to their laws. It's just a matter of whether they're going to enforce those laws or not.
Usually, when they do, it's when people move from state to state or out of the country or make huge profits. Suddenly, the feds will swoop in, arrest everybody, take the products, and make money.
Therefore, marijuana cultivation remains a significant legal issue in Los Angeles County, with frequent prosecutions for this drug crime. Engaging in such activities poses a substantial risk.
The question becomes, is the state going to get involved? A lot of times, the state is not getting involved like it used to, and the reason why is because marijuana has been legalized, and even the state government feels like sometimes it's a waste of resources.
Despite the ongoing issue of marijuana cultivation in Los Angeles County, there is a ray of hope. Many cases of arrests for marijuana cultivation can be defended, with charges often being reduced to misdemeanors. This potential for defense strategies offers a glimmer of hope in an otherwise challenging legal landscape.
So, they're not going to bust as many people as they used to, although if somebody is doing something illegal, I do see them making moves, especially in downtown Los Angeles, because if you're selling marijuana in these marijuana dispensaries that have been cultivated in LA County, they're going to come in.
If you don't have the proper licensing, they will arrest anybody who owns that property, cite them, and send them to the downtown courthouse at 210 West Temple. It usually starts in Division 47, where they prosecute and deal with those cases.
Developing a Defense Strategy
If you find yourself in a situation where you're facing charges related to marijuana cultivation, it's crucial to have a knowledgeable attorney on your side. You need someone who understands the legal system, knows how to build a strong defense, and can guide you through the process, especially if it involves a federal investigation.
You're busted for having vast sums of marijuana, and the feds come in, raid the location, and start arresting people. You don't want to talk to them and be careful what you say.
Get an attorney right away and let your attorney do the talking for you versus you trying to explain things to the federal government because all that's going to happen is they're going to take what you say and use it against you. Having a knowledgeable attorney by your side can provide you with the guidance and reassurance you need in such a situation.
So, in marijuana cultivation, the landscape has changed significantly over the last five to ten years. However, still, when you're talking about guns, large amounts of marijuana, and movement from one state to another from California, the feds will get involved. They wiretap. They have informants, and they will still prosecute these cases. It's crucial to stay informed about these changes.
Whether the Trump administration is going to do anything about this and whether the federal government's position on marijuana cultivation, the movement, and the sale of marijuana is going to change is unclear.
We know that California is going in the direction of legalization and not attacking people who are using, cultivating, selling, or moving marijuana throughout the state of California. Contact our criminal defense attorneys to review your case.
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