Smoke Weed

Cultivation of marijuana is illegal to grow or cultivate marijuana. The California criminal jury instructions provides guidance on factors that the prosecution must prove to convict someone of this offense successful.

“Whoever plants / grow / harvest / dry / or processes any marijuana or any part thereof is guilty of a violation of the Health and Safety Code Section 11358, a crime.

The word “harvest” is defined as the harvesting of crops of any kind.

The verb “harvest” means

a) to gather in a crop: harvest …’< br /> ;
b) to pick a natural product for the collection
To prove this crime, each of the following elements must be proved:
;
1. A [planted] a marijuana plant, and

2. That person knew it was a marijuana plant or any part thereof. “CALJIC 12.24

The law that results in the earlier jury is the California Health and Safety Code Section 11358 which states:

“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 state prison.”

medical marijuana
Under federal law
sale, possession and cultivation of marijuana remain strictly illegal. However, the Compassionate Use Act of 1996, California known as Proposition 215 exempts patients and their primary caregivers from criminal prosecution for personal possession and cultivation of marijuana, but not for distribution or sale to third parties.

Medical cannabis can be grown and used legally by qualified patients in California under Prop. 215, if they have a recommendation from a licensed physician.

state law SB 420 Prop 215 sets the guidelines for possession and cultivation. State limits are set at 6 mature or 12 immature plants and 8 oz marijuana, unless a doctor says you need more, or where local governments authorize more.