| Marijuana Cultivation | | | | as otherwise provided by law, shall be punished by |
| It is illegal to grow, or cultivate, marijuana. The California | | | | imprisonment in the state prison." |
| criminal jury instructions gives guidance to the factors | | | | Medical Marijuana |
| that the prosecution must prove in order to | | | | Under federal law, sale, cultivation and possession of |
| successfully convict someone of this offense. | | | | marijuana remain strictly illegal. However, the California |
| | | | Compassionate Use Act of 1996, known as Prop. 215 |
| The word "harvesting" is defined as the gathering of | | | | exempts patients and their primary caregivers from |
| crops of any kind. | | | | criminal prosecution for personal possession and |
| The verb "to harvest" means:a) to gather in a crop: | | | | cultivation of marijuana, but NOT for distribution or sale |
| reap...'b) to gather a natural product as if by harvesting | | | | to others. |
| In order to prove this crime, each of the following | | | | Medical cannabis may be legally used & cultivated by |
| elements must be proved: | | | | qualified patients in California under Prop. 215, provided |
| 1. A person [planted] a marijuana plant; and | | | | they have a recommendation from a licensed |
| 2. That person knew it was a marijuana plant or some | | | | physician. |
| part thereof." CALJIC 12.24 | | | | State law SB 420 establishes Prop. 215 guidelines for |
| The operative law that results in the above jury | | | | possession and cultivation. State limits are set at 6 |
| instruction is California Health and Safety Code Section | | | | mature or 12 immature plants and 8 ounces marijuana, |
| 11358 which reads: | | | | except where a physician declares more is needed, or |
| "Every person who plants, cultivates, harvests, dries, or | | | | where local governments authorize more. |
| processes any marijuana or any part thereof, except | | | | |