Laws About Growing Marijuana

It is illegal to grow, or cultivate, marijuana. The California criminal jury instructions gives guidance to the factors that the prosecution must prove in order to successfully convict someone of this offense.

"Every person who plants/cultivates/harvests/dries/ or processes any marijuana or any part thereof is guilty of a violation of Heath and Safety Code 11358, a crime.

The word "harvesting" is defined as the gathering of crops of any kind.

The verb "to harvest" means
a) to gather in a crop: reap
b) to gather a natural product as if by harvesting

In order to prove this crime, the prosecution must prove each of the following elements:
1. A person planted a marijuana plant; and
2. That person knew it was a marijuana plant. CALJIC 12.24

The operative law that results in the above jury instruction is California Health and Safety Code Section 11358 which reads:

"Every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment in the state prison."

If you or a loved one has been charged with marijuana possession or any other drug crimes, you must contact an experienced defense attorney immediately.