By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed October 24, 2024
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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.
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:
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:
Medical marijuana patients and their primary caregivers can have a higher amount of marijuana. MAUCRSA allows them to possess:
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.
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.
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.
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:
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.
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:
If you are facing drug charges, seek legal advice from a criminal defense attorney.
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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.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many California attorneys offer free consultations.
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