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Health and Safety Code 11368_IE Criminal Defense

H&S 11358: Marijuana Cultivation

Legal Definition: (a) Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law, shall be punished …

In order to secure a verdict of guilt under HS 11358, it is imperative that the prosecution effectively demonstrates the following elements:

  • Unlawful planting, cultivation, harvesting, or drying/processing of one or more marijuana plants.
  • Knowledge on the part of the defendant that the substance being planted, cultivated, harvested, or dried/processed is indeed marijuana.

Expertise in these matters, coupled with a deep understanding of the legal framework, enables us to provide authoritative and trustworthy guidance.

What does this mean?

Marijuana is defined as all or part of the Cannabis sativa L. plant, encompassing the plant itself, its seeds, and resin. It also encompasses any compound, manufacture, salt, derivative, mixture, or preparation derived from the plant. If a landowner or landlord is aware of a tenant or individual cultivating marijuana on their property, they can be deemed guilty under this section. In essence, if the landowner has knowledge of the illicit activity and fails to intervene, their inaction contributes to the commission of the offense. This determination is based on the extent of control the landowner exercises over their property (People v. Null, 1984, 157 Cal App.3d 849, 852).

Proposition 64, which legalizes marijuana possession, modifies permissible quantities for sale. As per the new legislation, individuals who are 21 years of age or older and cultivate six or fewer marijuana plants for recreational use avoid prosecution under this section. It is important to note that individuals under 21 years of age or those cultivating more than six plants for recreational purposes can still face charges under this section.

For individuals under 21 years of age, the charge is considered an infraction if they cultivate fewer than six plants for recreational use. The penalty for this offense can amount to a maximum fine of $100.

As experienced experts with authority in this matter, we provide this information to ensure accuracy and reliability.


A charge under HS 11358, unless stated above, is a misdemeanor offense. If you are convicted of this charge you could be sentenced to upwards of six months in County Jail. You would be required to serve at least 50% of that time in custody. You could also be subject to a fine of up to $500 for this charge. In addition, all marijuana, as well as the tools used to cultivate the marijuana in your home, would all be confiscated by police as part of their investigation.This is not a strike offense under the California Three Strikes law, and it is not a Sex Offense under PC 290. You could also face a loss of your Professional License if convicted, and if you are not a legal resident, you would face Deportation in Immigration Courtsince the offense is deportable, in that it is a crime involving drug use.You can also get evicted from your apartment if your landlord finds out about your arrest and the cultivation you were doing in your home without their consent.

Common Defenses

  1. Statute of Limitations
  2. Violation of Rights
  3. Insufficient Evidence

Under this criminal section, there are limited exceptions for individuals granted medical marijuana privileges. In such instances, patients and caregivers are permitted to cultivate a reasonable number of marijuana plants, including 6 mature plants and 12 immature plants, or a greater amount consistent with the patient’s needs. It is important to note that specific restrictions and benefits apply if you have been prescribed marijuana by a doctor for medical purposes and are cultivating it in your home.

As a landlord, it is crucial to understand that allowing a tenant to cultivate marijuana in your residence could result in your conviction for aiding and abetting their cultivation. However, if you are a roommate and the marijuana in question does not belong to you, you cannot be found guilty under this section. Roommates lack the same authority to enforce restrictions, meaning that you cannot be held responsible for the cultivation of marijuana unless it is in fact your own.

Furthermore, it is important to be aware that a potential defense strategy may center around determining whether the police violated your rights regarding unlawful Search and Seizures. Should the police enter your residence without a warrant or probable cause to search for marijuana plants, such a violation could lead your Ontario Criminal Defense Attorney to file a Motion to Suppress Evidence under a PC 1538.5 motion. This motion would seek to have the evidence suppressed, making it inadmissible in your case.

Rest assured that with the experience, expertise, and authority of your Ontario Criminal Defense Attorney, the best course of action will be pursued to protect your rights and interests throughout this process.

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Being accused of a criminal offense, especially under the weighty sections related to drug offenses like HS 11358, can cast an unwavering dark cloud over your future. Such charges are not just about the immediate legal repercussions but ripple out to impact every corner of one’s life — from professional ambitions to personal aspirations.

At the heart of Inland Empire Defense, we recognize the severity of such allegations. Our distinguished Ontario HS 11358 attorney, fortified with vast experience and expertise, has consistently stood as a bulwark for individuals navigating the turbulent waters of drug-related charges. Our consistent success in these battles is testament to our commitment and proficiency.

No matter the intricacies of your case, our ethos is rooted in upholding the rights of every individual. We believe that everyone deserves a robust defense and a fair chance to safeguard their future.

If you or a loved one is grappling with the uncertainties of a criminal charge, remember you don’t have to face it in isolation. We’re here to shoulder the burden and guide you through the labyrinth of legalities. Reach out to us for a free initial consultation at 909-281-0565. Conveniently located in Ontario, we are committed to being your steadfast ally in your time of need.

Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. If you would like to find out more information about your particular legal matter, contact our office for a consultation.

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