Individuals caught cultivating cannabis in Canyon Country are facing a pretty serious crime. Under California Health and Safety Code 11358 HS, cultivating marijuana is a felony. Under the law, individuals can be charged if they are suspected of planting, cultivating, harvesting, drying or processing marijuana. Interestingly, it’s possible to be charged with this crime without even being at the location. All the police need to do is suspect that you played some part in the processing or cultivation of the marijuana, and/or that the property on which the crime took place belonged to you and that you knew it was taking place.
Those caught cultivating cannabis in Canyon Country are taken to the Santa Clarita Sheriff Station to undergo booking and processing. When it comes time to set bail, the amount will depend on how much marijuana is alleged to have been processed. For 1 lb., bail is set at $10,000. If more than 1 lb., bail is set at $30,000. For those suspected of cultivating over 25 lbs. of cannabis, bail is set at $50,000 and finally, for over 50 lbs., bail is set at $100,000.
As mentioned above, violations of California Health and Safety Code 11358 HS are felonies. Provided the defendant has no prior drug-related convictions, the penalties include 16-months, 2-years or 3-years in county jail. Some individuals may be able to avoid jail and instead enter a drug treatment program. Eligibility will require that:
- The defendant is a non-violent first or second-time offender and,
- He or she was arrested for possession and/or cultivation of cannabis for personal use only
Known as “deferred entry of judgment,” individuals meeting the criteria above can have their jail sentence suspended while they complete a drug treatment program. To be eligible, defendants must plead guilty to violating 11358 HS before they are sentenced. Once the defendant has plead guilty, they will receive their jail sentence which will then be suspended while they undergo the drug treatment program. Upon completion of the program, the judge will dismiss the case.
