Marijuana Cultivation

Marijuana Cultivation"Every person who plants, cultivates, harvests,
It is illegal to grow, or cultivate, marijuana. Thedries, or processes any marijuana or any part
California criminal jury instructions gives guidancethereof, except as otherwise provided by law,
to the factors that the prosecution must prove inshall be punished by imprisonment in the state
order to successfully convict someone of thisprison."
offense.Medical Marijuana
"Every person who plants/cultivates/harvestsUnder federal law, sale, cultivation and possession
dries/ or processes any marijuana or any partof marijuana remain strictly illegal. However, the
thereof is guilty of a violation of Heath andCalifornia Compassionate Use Act of 1996, known
Safety Code Section 11358, a crime.as Prop. 215 exempts patients and their primary
The word "harvesting" is defined as the gatheringcaregivers from criminal prosecution for personal
of crops of any kind.possession and cultivation of marijuana, but NOT
The verb "to harvest" means:a) to gather in afor distribution or sale to others.
crop: reap...'b) to gather a natural product as if byMedical cannabis may be legally used & cultivated
harvestingby qualified patients in California under Prop. 215,
In order to prove this crime, each of the followingprovided they have a recommendation from a
elements must be proved:licensed physician.
1. A person [planted] a marijuana plant; andState law SB 420 establishes Prop. 215 guidelines
2. That person knew it was a marijuana plant orfor possession and cultivation. State limits are set
some part thereof." CALJIC 12.24at 6 mature or 12 immature plants and 8 ounces
The operative law that results in the above jurymarijuana, except where a physician declares
instruction is California Health and Safety Codemore is needed, or where local governments
Section 11358 which reads:authorize more.