California drug laws are very strict. An individual can be arrested and charged with drug cultivation easier than you probably think. This is a very serious criminal offense so it is important to call a lawyer immediately after being arrested - even if you did not intend to grow or produce illegal drugs, or you were simply using the substances for personal use.
California law states that someone may not be in the possession of certain chemicals used to create PCP or methamphetamine. This can create a challenge because someone that has never used or made this drug would be unlikely to know what those ingredients are. In spite of this logical conclusion, if the police find some of these chemicals in your possession, you could be arrested and taken to jail. The only way around this is if you had a permit to possess the chemicals. Even so, you would need to carry the permit with you whenever the chemicals were around. The strict nature of the law makes it easy to be charged with cultivation, even if you are innocent.
The thing to remember is that you are innocent until proven guilty, and as a lawyer, it is my job to help show your innocence or at least create enough reasonable doubt as to your guilt. In the case of PCP or meth, we will need to demonstrate that you had a reason to have the chemicals that was unrelated to manufacturing drugs.
You can also be charged with marijuana cultivation, even though medical marijuana is legal in California. In order to grow marijuana, you need to have a doctor's recommendation for doing so. This can either be for your personal use or as a caregiver. There are limits to how much you can grow, and you must have a medical marijuana card in order to do so. If the police catch you without your card or if you are growing more than legally allowed, you could be charged with cultivation. California’s marijuana laws are not a license to grow and sell, and these provisions ensure that it doesn't happen as often as it could.
As a lawyer, we will try and get the charges dismissed or reduced. If you are charged with growing or manufacturing drugs for your own personal use, the penalties are far less severe than if you are doing so with the intent to sell them. By simply having the charges reduced, you could be exposed to less jail time. If you are convicted of the cultivation of PCP or methamphetamine, you could face up to seven years in jail and a $50,000 fine. If convicted of cultivating marijuana, the sentence could be two years in State Prison.
Regardless of whether you are innocent, it is important to work with an attorney that is experienced in handling criminal cases. Drug crime allegations come with criminal charges that can stay on your record permanently. A conviction can lead to consequences that extend well into the future such as difficulty finding employment or renting a home. In order to protect yourself and your family make sure that you have a zealous criminal defense attorney that can provide a strong defense and the best chance at remaining free.
