Cultivation & Manufacturing Offenses

Anaheim Drug Defense Lawyer

"Cultivation" is the term used to refer to the growing and harvesting of cannabis/marijuana plants for personal use, sale or distribution. "Manufacturing" is the term used to describe the process of making other narcotics such as heroin or cocaine. If you were arrested for either drug offense, it is imperative that you secure the representation from an Anaheim drug crime attorney as soon as possible. Drug offenses are handled extremely harshly by the state of California, but Barney B. Gibbs has the experience to combat these charges and present a strong defense for his clients.

Health and Safety Code § 11358

Marijuana cultivation laws are found in the Health and Safety Code. In California, cultivation is a felony offense, even for a small amount of cannabis. You could be arrested for cultivation on the grounds of seeds that were found on your person/property, drying marijuana after it has been harvested or maybe you were suspected of cultivation because of a "hot house" that was on your property.

Cultivating medical marijuana may be legal for some individuals under the state's medical marijuana and compassionate use program. For example, if an individual does not live close enough to a dispensary, then they may be allowed to grow their own (under restrictions). Those restrictions are: up to six mature plants and up to 12 immature plants maximum at any one time.

Health and Safety Code § 11379.6

According to this section of the Health and Safety Code, it is illegal to manufacture controlled substances and other narcotics without a license. In fact, the law states that you could be arrested and charged with drug manufacturing if you have been accused of compounding, converting, producing, deriving, processing or preparing any type of controlled substance.

This offense could result in a term of imprisonment of up to seven years and up to $50,000 in fines. Manufacturing offenses can also be charged more severely depending on the type or "schedule" of the drug that was allegedly manufactured. For example, Schedule I drugs like heroin carry more severe penalties than Schedule II drugs like methamphetamine and cocaine.

You May Qualify for Drug Diversion

Although these are serious offenses, there is still hope for defense. There is the possibility of getting a charge reduced to a misdemeanor, which may or may not qualify an individual for a drug diversion program. This is a type of deferred sentencing program is available to individuals convicted of certain drug offenses. After successful completion of drug counseling or probation, an individual who is granted deferred entry of judgment may be able to get their charge removed from their record.

Don't Take Chances with Your Future – Call Our Firm Now

The penalties for cultivation and manufacturing can mount up to thousands of dollars and imprisonment for up to seven years. Penalties like this have the ability to dramatically affect your future, so be sure to put your future in the hands of an attorney you can trust. The Law Office of Barney B. Gibbs has handled thousands of cases, many involving charges like these, so you can be confident in your choice should you contact an Anaheim drug lawyer from our firm.

If you have been arrested for a drug crime, contact us! Your initial consultation is free.