Planting marijuana covers a bit more than just the actual planting of marijuana. This law covers planting, cultivating, harvesting, drying, or processing. Legally to be charged with this crime you have to fulfill 2 conditions. 1. That you unlawfully planted, cultivated,harvested,dried,or processed one or more marijuana plants. and 2. That you knew that you planted, cultivated, harvested, dried, or processed marijuana. So what part of the marijuana are we talking about. This law covers most parts of the Cannabis Sativa L. plant. This covers growing or not, which can include the seeds and resin from the plant. The few parts that aren’t cover includes the stalk, fiber from stalk. The oil or cake made from the seeds. Compounds made from the mature stalk except for the resin are also exceptions. And lastly it includes the sterilized seed of the plant which cannot germinate. In short this means anything that can be used for drug use or planting is illegal. The only times you can legally have marijuana is through evidence that shows you can use it for medicinal purposes. Or if you are a primary caregiver for someone who uses it for medical purposes. The definition for a “primary caregiver” is someone who has consistently assumed responsibility for the housing,health, safety of a patient who can use the marijuana. However just because you have a medical license does not mean you can be planting marijuana to your liking. The amount of marijuana possessed must be reasonably related to the patient’s current medical needs.
Planting Marijuana is a felony. You could see up to 3 years in jail for this offense. However if this is your first or second offense. And that the charges were only for possession or planting you are eligible for drug treatment instead. This is also known as the drug diversion program.
If you or someone you know was charged with planting marijuana, have an attorney come represent you.