California Drug Cultivation and Manufacturing Laws

In 1996, California became one of the first states in the country to legalize medical cannabis. The Compassionate Use Act made this move possible. Today, California allows both medicinal and recreational use of cannabis.

This legalization required the implementation of stricter ordinances. These local laws oversee the cultivation and manufacturing of drugs within the state and ensure that the cannabis business operates safely and the products are appropriately regulated.

This article offers a detailed overview of California's cultivation and manufacturing laws.

What's the definition of manufacturing and cultivation in California?

California law defines “manufacture” as the act of transforming raw materials into a product for consumers. It encompasses various activities. These activities include compounding, extracting, infusing, packaging, labeling, making, or preparing cannabis products.

Cultivation refers to the various agricultural processes involved in producing the cannabis plant, including:

• Growing
• Planting
• Harvesting
• Curling
• Drying
• Trimming
• Grading

Is it legal to use marijuana in California?

Yes. For over a quarter of a century, it has been legal in California to have cannabis for medical use. In 1996, the state authorized individuals with a doctor's recommendation to plant, grow, cultivate, harvest, and prepare marijuana plants for medical use. In 2016, the Adult Use of Marijuana Act (Proposition 64) extended the legality of marijuana for recreational use.

Under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), marijuana is legal in California. It is legal both for recreational and medical use. The Act allows individuals 21 years of age and above to buy or have the following for recreational use:

• 28.5 grams of marijuana plant
• Eight grams of concentrated cannabis
• Six cannabis plants in their private residence for cultivation as long as they are in a secure location not visible to the public

Medical marijuana patients and their primary caregivers can have a higher amount of marijuana. MAUCRSA allows them to possess:

• 226.8 grams of dried cannabis or concentrated cannabis and up to six mature plants.
• Twelve immature plants

While legal in California, marijuana remains illegal at the federal level, similar to other controlled substances. Law enforcement officials still criminalize certain activities. This includes smoking marijuana in public places or engaging in commercial cannabis activities without a license.

Do I need a manufacturing license in California to produce cannabis products?

Yes. The state requires manufacturing licenses for entities producing products derived from cannabis. California Business and Professional Code Section 19300.5 defines the term "manufactured cannabis." This includes processing raw cannabis into edibles, concentrates, or topical products.

With this provision, businesses that create marijuana cookies, candies, ointments, creams, or concentrates need a manufacturing license to operate. The Department of Cannabis Control issues the license. Each premises that manufactures raw cannabis should have a separate license.

Do licensed cannabis manufacturers need cultivation licenses?

Cannabis manufacturers do not have to have a cultivation state license. However, those who have manufacturing licenses can acquire licenses in various categories. The cannabis producer can also acquire a cultivation license.

What are the penalties for cultivation and manufacturing without a license?

In general, growing more than six marijuana plants is considered a misdemeanor in the state of California. It is subject to six months imprisonment or a $500 fine. The misdemeanor could escalate to a felony in any of the following conditions:

• A prior criminal history of severe offenses such as sex crimes against minors, murder, or manslaughter caused by DUI
• Status as a registered sex offender
• At least two prior misdemeanor convictions for cultivation of cannabis
• Significant environmental damage

Individuals meeting any of these criteria could face a sentence ranging from 16 months to three years in state prison. Contact a California criminal defense lawyer to learn more about the possible penalties associated with this act.

What defenses can you use in a drug cultivation and manufacturing case in California?

There are legitimate reasons why you shouldn't be charged with certain drug offenses. The following are some common defenses for charges related to drug cultivation or manufacturing in California:

• You're over the age of 21 and are cultivating marijuana within the stated regulations
• You have a doctor's oral or written recommendation for medical marijuana
• You are a caregiver for someone who has received a doctor's recommendation for medical marijuana
• You have a state-issued license for drug manufacturing or a permit to possess specific chemicals

If you are facing drug charges, seek legal advice from a criminal defense attorney.

Related Resources

For more information related to this topic, you can click on the following links:

• California Cocaine Laws
• California Laws for Heroin, Fentanyl, and Other Opioids
• California Drug Distribution Laws
• Starting a Marijuana Dispensary in California

Get Legal Help With Your California Drug Cultivation and Manufacturing Issue

California laws on cultivation and manufacturing are complicated. Conviction for these offenses could lead to severe penalties, imprisonment, and fines. It's crucial to understand the potential impact of these drug charges.

If you face drug-related charges in any jurisdiction in California, it's a good idea to speak with a criminal defense attorney. They can provide you with guidance related to your charges. Their assistance can help you protect your rights to gain the best possible outcome for your case.